[Ord. No. 2015-12]
As used in this section:
Any unforeseen and unexpected circumstance or occurrence
which immediately threatens public safety or health, causes or threatens
imminent danger to persons or causes or threatens imminent damage
to property, and which requires immediate opening or repair of any
street or right-of-way within the Township of Springfield.
[Added 2-11-2020 by Ord. No. 2020-01]
Any excavation, tearing up or disturbance of the surface
of any street or right-of-way within the Township of Springfield.
[Amended 2-11-2020 by Ord. No. 2020-01]
[Ord. No. 2015-12; amended 12-18-2018 by Ord. No.
2018-24; 2-11-2020 by Ord. No. 2020-01]
a.
No person shall make an opening in any street or right-of-way for any purpose unless such person shall have first obtained from the Department of Engineering, Construction Services and Code Enforcement (hereinafter referred to in this § 19-1 as "Department") a permit authorizing the opening. Such permit shall remain in effect for 90 days. An applicant may, prior to the expiration of 90 days, seek to renew the subject permit for thirty-day increments. Each such incremental renewal shall be subject to a $10 fee. In the event of an emergency, work may commence immediately, provided that an application is filed with the Department with the required fees and with the required performance guarantee within 24 hours and obtain the permit hereinabove referred to.
b.
Nonutility street or right-of-way opening permits: $50.
c.
Utility street or right-of-way opening permits: $200.
d.
Five-Year Moratorium. No person shall make an opening which would
disturb the pavement of any street or right-of-way until five years
after the completion of the most recent construction, reconstruction
or overlay of said street or right-of-way, except in the event of
an emergency or hardship as provided below:
1.
Emergency. In the event of an emergency, the procedure for an emergency under Subsection 19-1.2 (Permit Required for Opening; Fee) must be complied with. Thereafter, the Department shall review the emergency opening. If the Department determines that no such emergency existed, then the person opening the street or right-of-way shall be deemed in violation of § 19-1.2.
2.
Hardship Condition. In the event that a person claims a hardship
condition which requires an opening to any street or right-of-way
prior to the expiration of the five-year period, the Township of Springfield
may issue a permit granting the opening if all the following conditions
are met:
(a)
A permit authorizing the opening is obtained pursuant to Subsection 19-1.2 and all procedures provided in this chapter are complied with, except as herein provided; and
(b)
A letter addressed to the Department is to be attached to the
application for a permit for opening. The letter is to detail the
hardship and necessity of an opening in lieu of waiting the required
five-year period. Undue hardships shall be approved at the discretion
of the Township Engineer.
3.
The five-year period is to begin at the start of the month following
the most recent construction, reconstruction or overlay of the street
or right-of-way and run five years thereafter.
e.
Street Restoration. In the event that an exception is made under Subsection 19-1.2d (Five-Year Moratorium), the person shall be responsible for limiting the disturbance to the street or right-of-way as much as possible and restore the street or right-of-way to its original condition. The restoration of the street or right-of-way shall be the full width, curb to curb, pavement replacement of the street or right-of-way.
[Ord. No. 2015-12; amended 2-11-2020 by Ord. No. 2020-01]
a.
Opening to be closed as soon as possible; inspection fees. When an
opening is made by the applicant or by the applicant's agents
or employees, the opening shall be closed immediately after the purpose
for which the opening was made has been effected and shall in any
event be closed without delay. The resurfacing of the opening shall
be done at the direction and under the supervision of the Department,
and the cost thereof shall be deducted from the deposit. An inspection
fee of $100 per day shall also be paid by the applicant or permittee
until all backfilling is completed. Inspection fees shall be charged
against and deducted from the deposit.
b.
Conditions for permanent pavement. Whenever an application for a
street opening is with respect to a street which is paved with asphalt
or concrete, or otherwise paved with a pavement commonly designated
as "permanent pavement," then the work of opening and restoring the
area shall be done by or under the direction of the Department, and
the cost shall be deducted from the deposit. After an opening has
commenced, an inspection fee of $100 per day shall also be paid by
the applicant or permittee until the backfill is completed. The inspection
fees shall be charged against and deducted from the deposit.
c.
Conditions for tunneling. Whenever a permit is issued for tunneling,
the applicant or permittee shall not do any tunneling or backfilling
until notification has been given to the Department in order that
a Township representative may be present during the tunneling and
backfilling. The applicant or permittee shall pay for the cost of
inspection at the rate of $100 per day during the time consumed in
tunneling and the time consumed in backfilling. The inspection fees
shall be charged against and deducted from the deposit.
d.
Waiving of Inspection Requirement. Inspections may be waived by the
Township in the sole discretion of the Department. Waiver of one inspection
shall not constitute waiver of any other inspections for a given applicant
or application.
[Ord. No. 2015-12; amended 12-18-2018 by Ord. No.
2018-24; amended 2-11-2020 by Ord. No. 2020-01]
The applicant, before making an opening, shall deposit $75 per cubic yard of opening or $750, whichever is greater, with the Department for each opening to ensure compliance with the applicable provisions of this section and the complete restoration of the pavement or surface that may be disturbed. All permittees, including, but not limited to, public utilities, counties, their contractors or contractors of state or federal agencies, shall deposit a guarantee as required in Subsection 19-1.2 with the Township of Springfield in the form of a bond, certified check or bank draft acceptable to the Township. The deposits required herein shall be held in a separate account by the Township and will carry no interest to the permittee. One year after final restoration of the work, pending the approval of the Department, the guarantee shall be returned to the permittee upon the request in writing by the permittee.
[Ord. No. 2015-12; amended 12-18-2018 by Ord. No.
2018-24; 2-11-2020 by Ord. No. 2020-01]
a.
The deposit shall be held to secure, and the bond shall provide for,
faithful compliance with the regulations of this section and with
the requirements for proper restoration of the streets as provided
in this section.
b.
In the event that the Township is required to spend any moneys to restore the street or the pavement thereof or has conducted inspections as set forth in Subsection 19-1.3,, the applicant shall, within three days from the date of receipt of notice from the Department, repay to the Township the amount so expended and/or the inspection fee so incurred, to the end that the deposit may be kept intact and the full obligation of the bond be available to the Township on the date of the completion of the work contemplated by the applicant.
[1]
Editor's Note: This ordinance also amended the title of this
subsection, which was formerly Deposit for Multiple Openings; Bond.
[Ord. No. 2015-12; amended 12-18-2018 by Ord. No.
2018-24; 2-11-2020 by Ord. No. 2020-01]
After the street, pavement or surface and subsurface backfill has been restored, as required by Subsection 19-1.7, and after it is maintained by the applicant for one year, the deposit upon request shall be returned to the applicant, provided that the Director of the Department of Engineering, Construction Services and Code Enforcement is satisfied that the street surface has been restored in the manner provided for in this section. The obligation of the bond shall be deemed to be effective and binding during the same period and subject to the same conditions as in the case of a deposit.
[Ord. No. 2015-12]
The permittee shall promptly restore without delay the opening
to the condition existing prior to the making thereof and to complete
restoration of the pavement or surface that may be disturbed. The
permittee shall replace the paved surface with the same type of pavement
as that removed, leaving it smooth and level with the adjacent pavement
and completely covering the space from which the former pavement was
removed. The making of the opening and the work of restoration shall
be performed in accordance with the following specifications and regulations:
a.
In making any opening, no greater portion of the road than is reasonably
necessary shall be opened at any one time.
b.
All cuts in permanent pavement shall be 12 inches wider and 12 inches
longer than the excavation proposed to be made in the earth beneath,
so that there may be a shoulder six inches wide on each side and on
each end of the excavation.
c.
Excavated material cannot be used to fill trenches. Excavated area
(s) shall be backfilled with clean crushed stone or an approved fill
material.
d.
The material as refilled shall be thoroughly tamped in uniform layers
not to exceed 12 inches in thickness.
e.
The material as refilled shall be so thoroughly tamped and consolidated
that settlement cannot occur after the pavement has been restored.
f.
Trenches finished with a surface treatment of or hot mix asphalt
approved by the Department of Engineering, Construction Services and
Code.
[Amended 12-18-2018 by Ord. No. 2018-24]
[Ord. No. 2015-12]
The Police Department shall be contacted at least 24 hours prior
to making any openings and the Police Department shall advise if a
police officer will be required for traffic detail.
[Ord. No. 2015-12; amended 2-11-2020 by Ord. No. 2020-01]
The following regulations shall apply:
a.
Pipes and Tunneling.
1.
Wherever practicable, pipes for making house connections for supplying
gas or water shall be driven under and across the paved portion of
the road or right-of-way without disturbing the surface.
2.
No tunnel shall be made under or across any road or right-of-way
beneath the pavement for the purpose of installing pipes, conduits
or drains at a depth of less than 12 feet. The backfill in such tunnel
shall be made of rammed cement concrete composed of a mixture of one
part portland cement, three parts sand and six parts gravel or a mixture
of one part cement and six parts clean cinders.
b.
Insurance Requirements. The applicant must provide to the Township
Clerk a certificate of insurance, acceptable to the Township, indicating
liability coverage of not less than $300,000 for any one person, $1,000,000
for any one incident, and property damage coverage of not less than
$500,000. Said certificate must name the "Township of Springfield,
Union County, New Jersey" as an additional insured.
c.
New Jersey One-Call. The applicant shall provide a confirmation number
assigned to the notice of intent to dig within a public right-of-way,
issued by New Jersey One-Call at 1-800-272-1000 and www.nj1-call.org.
d.
Bond in Addition to Deposit. Under certain circumstances as deemed
appropriate and memorialized in writing by the Department, based upon
the unique nature or scope of a proposed street opening, tunneling
or digging, the Township may require that, in addition to a deposit,
a bond shall be provided by the applicant, to be conditioned for performance
of work in accordance with the provisions of this section, and the
restoration of the street area in compliance therewith, and to include
any other terms which the Department shall consider proper, such bond
to be subject to approval by the Township Attorney.
e.
Guarding of Openings. Whenever any opening is made in a street, the
applicant shall properly guard the opening and provide for all adequate
and necessary protection against injuries to persons or damage to
property that may in any way arise as a result of such excavating
or opening. The applicant shall abide by all ordinances, regulations
and provisions of the Township and of any state or federal act or
regulation which may govern the subject and shall be answerable for
any damages that may result through negligence or wrongdoing in such
opening, or in the maintenance or refilling thereof, or in any manner
proceeding from the work, and shall agree in the application to do
all work in a careful, prudent and law-abiding manner.
f.
Project Abandonment. In the event the applicant and/or permittee
shall abandon an excavated or partially excavated opening, digging
or tunneling site and/or fail to repair and restore any such site
to the condition required under this section, then the applicant/permittee
shall surrender its deposit in whole or in part to the Township in
amount equal to the Township's time, material and other costs
incurred in connection with the Township's efforts to provide
for the repairs and restoration of the site. The applicant and/or
permittee shall remain responsible to the Township to reimburse all
such costs incurred by the Township in excess of any available deposits.
[1991 Code § 247-18; Ord. No. 92-23; Ord. No. 98-19 § I[A][B]]
a.
The Township Committee hereby finds and declares that problems occur
with pedestrian and vehicle traffic flow and control when such traffic
must move through or around street construction, maintenance operations
or utility work, above or below ground, which obstructs the public
way or obstructs the normal flow of vehicular or pedestrian traffic
and that such obstructions create dangerous conditions when not properly
controlled.
b.
In order to better promote the public health, safety and welfare,
it is necessary to establish controls and regulations directed to
the safe and expeditious movement of pedestrian and vehicular traffic
in, near and through construction and/or maintenance areas.
c.
The scope of regulation is directed at those construction, maintenance
and utility operations that require pedestrian traffic to deviate
from the public way; require vehicular traffic to deviate from marked
lanes of travel or to cross the center line of any roadway; operate
at any location where sight distances are effected; or create a hazardous
condition that has an immediate and negative effect on the safety
of vehicular or pedestrian traffic at or near a construction or maintenance
area.
[1991 Code § 247-19; Ord. No. 92-23]
a.
The Township adopts as a standard the Manual on Uniform Traffic Control
Devices, hereinafter referred to as "MUTCD," current edition, and
as it may be supplemented and amended. Whenever construction, maintenance
operations or utility work obstructs the normal flow of vehicular
or pedestrian traffic, warning signs, markings, signals, instructions
and any other devices used to assist in guiding traffic shall conform
in all respects to the MUTCD.
b.
Any person or entity, natural or legal, contractor or utility that
fails to comply with the applicable provisions of the MUTCD while
performing such work is in violation of this section. For purposes
of this section, the person who authorized or who directed the placement
of the nonconforming traffic-regulating devices shall be deemed to
have committed the offense.
[1991 Code § 247-20; Ord. No. 92-23; Ord. No. 98-19 § 1[C],
[D]; Ord. No. 02-28 § I(A)]
a.
It shall be the responsibility of the person or entity seeking to
conduct work on, under or above the public way to determine if such
operations will fall within the scope of this section and, if so,
to contact the Springfield Police Department at least 96 hours in
advance of starting work and arrange for a safety assessment meeting.
b.
The safety assessment meeting will result in a recommendation for
the minimum necessary traffic control at the site or sites involved.
Any person whose work is deemed to require traffic control by law
enforcement personnel shall provide for the same by ordering this
service through the Police Department.
c.
Any person or entity who undertakes work on, under or above the public
way without benefit of a safety assessment meeting and whose work
results in an unsafe condition does so at the person's own risk or
peril. If, upon inspection of the work site, the Police Department
deems it advisable to have police vehicular or pedestrian traffic
control at the site, it may order work to be stopped immediately until
a safety assessment meeting is held as provided above.
[1991 Code § 247-21; Ord. No. 92-23]
a.
If any construction equipment, debris, signs or markings are to remain
on the job site overnight or after the conclusion of the work day,
the person, entity, contractor or utility shall provide the Police
Department with at least two emergency contact phone numbers to be
called in case of an emergency or problem at the construction or maintenance
site.
b.
If, for any reason, emergency contacts cannot be reached or if the
emergency contact person does not respond to a call from the Police
Department to correct a hazardous condition, the Township may respond
to correct such hazardous condition. The reasonable fees for such
emergency services by the Township shall be charged to and paid by
the person, entity, contractor or utility responsible for such condition.
[1991 Code § 247-22; Ord. No. 92-23; Ord. No. 98-19[E]; Ord. No. 02-28 § I(B)]
There shall be no construction, maintenance operations or utility
work affecting vehicular traffic at the below-listed times on the
below-listed streets within the Township, except in an emergency and
with the concurrence of the Police Department. An "emergency" is defined
to mean any unplanned, unforeseen event which seriously impairs the
ability of a public utility or public agency to render safe and effective
service to one or more of its customers or users:
a.
Between 6:30 a.m. and 9:30 a.m. and between 3:30 p.m. and 6:30 p.m.
on Mountain Avenue, South Springfield Avenue, U.S. Route 22, Morris
Avenue (New Jersey Routes 124 and 82), including the one-way section,
Springfield Avenue (New Jersey Route 124), Shunpike Road, Milltown
Road, Meisel Avenue, Hillside Avenue, Maple Avenue and Summit Road.
b.
Between 10:00 p.m. and 8:00 a.m. at any location, unless Chapter
BH17 is complied with.
[1991 Code § 247-23; Ord. No. 92-23; Ord. No. 98-19 § 1[F]]
Vehicular and pedestrian traffic control personnel shall be
posted at all construction or maintenance sites as determined by the
Springfield Police Department, either as a result of the safety assessment
meeting or as a result of an on-site inspection after work has commenced.
[1991 Code § 247-24; Ord. No. 92-23; Ord. No. 98-19 § 1[G]]
Any public utility company or cable television company authorized
pursuant to Title 48 of the New Jersey Revised Statutes and franchised
to serve the Township by the New Jersey State Board of Regulatory
Commissioners is exempt from the time-limit requirement and safety
assessment requirement of this section. Agencies and employees of
the Federal, State, County and municipal government, and those contracted
to work for the Township, in the performance of their official duties,
are exempt from the time-limit requirement and safety assessment requirement
of this section. All other provisions of this section remain applicable,
including but not limited to the provisions governing work stoppage
by order of the police, and all such work must be performed so as
to ensure public safety.
[1991 Code § 247-25; Ord. No. 92-23]
The Springfield Police Department shall have the authority to
stop any work, including ordering the removal of equipment, vehicles
and stored material within the public way, the backfilling of open
excavations or other related work, in order to abate any nuisance
or safety hazard or for any violation of this section.
[1991 Code § 247-26; Ord. No. 92-23]
a.
Any person, entity, contractor or utility company who violates this
section shall, upon conviction thereof for a first offense, pay a
fine of not less than $100 nor more than $500 and perform up to 10
days of community service within the Township; for a second offense,
upon conviction thereof, pay a fine of not less than $250 and perform
up to 20 days of community service within the Township; for a third
or subsequent conviction, pay a fine of not less than $500 and perform
up to 30 days of community service within the Township.
b.
Any penalty under this section shall be imposed upon the person,
entity, contractor or utility, as the case may be, upon a finding
of guilt.
c.
A separate offense shall be deemed committed on each day or part
of a day during or on which a violation occurs or continues for each
and every construction or maintenance site.
[1991 Code § 247-1; Ord. No. 2002-01]
The following shall apply:
a.
The owner or tenant of any real property abutting upon a public street
in the Township shall, within 24 hours of the cessation of a fall
or formation of snow, ice or hail, remove the same from the abutting
sidewalk of the street.
b.
The cleared portion of the sidewalk shall not be less than 24 inches
wide.
c.
Ice which is frozen to the sidewalk shall be removed or covered with
sand, ashes or other chemical substance which would prevent slipping.
[1991 Code § 247-2]
If snow, hail or ice is not removed after it has fallen or formed,
it shall be removed under the direction of the Township Engineer or
another Township official designated for that purpose by the Township
Committee. The cost incurred and paid in this removal shall be certified
by such officer to the Township Committee. The Township Committee
shall examine the certificate and, if it is found to be correct, shall
cause the cost to be charged against the land abutting or bordering
the sidewalk. The amount so charged shall forthwith become and remain
a lien and tax upon lands until paid, shall be added to and form a
part of the taxes next to be levied and assessed against the lands
and shall be enforced and collected with interest by the same officers
and in the same manner as other taxes.
[1991 Code § 247-3]
No person shall obstruct or damage any sidewalk or cause or
suffer the same to be encumbered with debris of any kind.
[Ord. No. 94-28]
a.
Removal of Snow and Ice. No owner or operator of premises having
parking spaces reserved for handicapped drivers and no tenant, contractor
or other person may block access to such parking stalls reserved for
handicapped drivers by the plowing, piling or placement of snow or
ice in such spaces.
b.
Penalty. Any person violating the provisions of paragraph a shall
upon conviction thereof, be subject for a first offense to a fine
of $100 and for each subsequent offense to a fine of $500.
[Ord. No. 2002-01]
Subsequent to any street, roadway or highway being plowed to
remove snow or other accumulated precipitation, no property owner,
tenant, employee, agent, or other person shall plow, blow, shovel
or in any other manner place snow upon the public street, road or
highway so as to block the parking or passage of vehicles, or create
ice or other hazard. It shall be strictly prohibited to plow the snow
from a driveway across the width of the street to be piled on the
opposing side of the street.
[Ord. No. 98-21 § 247-13]
Except for damage caused by the Township, its employees or its
agents, the owner of any property abutting a sidewalk within the right
of way, shall be responsible for the maintenance and repair of such
sidewalk.
[Ord. No. 98-21 § 247-14]
The Zoning Officer, on a continuing basis or upon specific complaint,
shall examine and inspect all sidewalks in the Township.
[1991 Code § 247-14; Ord. No. 98-21 § 247-15]
a.
Upon a determination that any sidewalk requires construction, repair,
relaying or maintenance, a notice shall be served upon the owner of
the lands, requiring the necessary work to the sidewalk be done within
a period of not more than 60 days from the date of service of the
notice.
b.
Service of such notice shall be made personally, or simultaneously,
by regular and certified mail, return receipt requested. If the owner
cannot be found, the notice may be mailed to a post office address,
if it can be ascertained. If a post office address cannot be ascertained,
then the notice may be inserted for two times, once a week, in the
official newspaper of the Township.
c.
If the owner does not comply with the requirements of the notice,
the Township may cause the required work to be done. The cost of the
work shall be certified by the Township Engineer to the Township Tax
Collector and become a lien upon the property to the same extent that
assessments for local improvements are hens.
[1991 Code § 247-16; Ord. No. 98-27 § 1]
In any area in which an existing sidewalk is required to be
reconstructed, repaired, altered, relayed or maintained, or in which
a new sidewalk is being constructed, the work shall be done with concrete,
unless all sidewalks abutting the sidewalk on the property in question
are of another material, in which case the material to be used may
be concrete or the other material. All other specifications shall
be as designated by the Township Engineer or other official.
[Ord. No. 94-5 § 1]
No vehicle shall enter or leave a public street by crossing
the curbline, except through use of a driveway apron of appropriate
width. It shall be a violation of this section for any tire of a vehicle
to travel over the curb while that vehicle is entering or leaving
a public highway.
[Ord. No. 94-5 § 1]
The owner and operator of a vehicle shall be jointly liable
for a violation of this section, unless the owner can show that the
vehicle was used without the owner's consent, express or implied.
Any owner who pays any fine, penalty, civil judgment, costs or administrative
fees in connection with a violation of this section shall have the
right to recover that sum from the operator in a court of competent
jurisdiction.
[Ord. No. 94-5 § 1]
A person convicted of a violation of this section, shall be
subject, for a first violation, to a fine of $100; for a second violation,
to a fine of $500 and for a third or subsequent violation, to a fine
of $1,000 and, at the discretion of the court, to a period of incarceration
not to exceed 10 days.
[Ord. No. 94-14 § 1]
This section shall not apply to vehicles owned or operated by
any employees, agent, branch or agency of the Federal, State, County
or local governments while in the performance of their official duties.
[Ord. No. 97-22 § 247-27]
In addition to any Zoning, Construction Code or other requirements,
no owner, lessor, renter, agent, employee or other person shall perform
work upon, expend or any way change any driveway upon any property,
whether commercial, residential or otherwise, within the Township,
except for repairs, maintenance or other work which in no way changes
the extent or location of the driveway, without first obtaining a
permit for such work.
[Ord. No. 97-22 § 165B]
The Construction Code Official is hereby authorized to charge
the following fees:
|
Driveway Permit (pursuant to subsection 19-11.1)
|
$25
|
|
Construction Permit-Fence Only
|
$25
|
