Editor's Note: Prior ordinance history: Ordinance
Nos. 4/26/29, 6/22/71, 79-18, 86-8.
[Ord. No. 99-22 § 13-1.1]
Every adjacent landowner shall be responsible for the installation,
repair and proper upkeep of a sidewalk and curb on any parcel or property
deemed to be required by the Building Inspector of the Borough.
[Ord. No. 99-22 § 13-1.2]
In the event a sidewalk or curb has not been properly installed,
repaired or maintained, the Building Inspector or any member of the
Governing Body or any member of the law enforcement agencies may order
such installation, maintenance or repair, in writing by certified
mail, return receipt requested to the land owner. The land owner shall
then, after having received notice, have the right to request a hearing
before the Governing Body at a regular caucus meeting of the Governing
Body within 30 days of the receipt of such notice.
[Ord. No. 99-22 § 13-1.3]
The hearing before the Governing Body shall be to determine
whether or not any extenuating circumstances or conditions which make
the installation, maintenance or repairs of such sidewalk and curb
impossible or pose hardship problems to the adjacent land owner of
an insurmountable nature.
[Ord. No. 99-22 § 13-1.4]
In the event that the Governing Body after hearing, determines
that a sidewalk or curb be installed, maintained or repaired, the
land owner shall comply forthwith to the Governing Body's order
in accordance with the terms of this section.
[Ord. No. 99-22 § 13-1.5]
In the event that work, labor or services in connection with
the installation, maintenance or repair of such sidewalk or curb is
not commenced within 30 days after the notification is received by
the land owner when no hearing has been held before the Governing
Body, then the municipality may order the services of an independent
contractor to make the proper installation, maintenance and repairs
to the sidewalk and/or curb and to charge the adjacent land owner
by forwarding a bill for same to the land owner.
[Ord. No. 99-22 § 13-2.1]
The purpose of this section is to establish regulations and
fees for the opening of municipal streets within the Borough of Fairview.
[Ord. No. 99-22 § 13-2.2]
The following terms shall, for the purposes of this section,
have the meanings here indicated.
Shall mean an opening, tearing up or excavating, for any
purpose, of a Borough road of 100 feet or more of roadway length,
or where connecting lateral openings are made at average intervals
of less than 100 feet along the roadway length, or an opening which
disturbs 20% or more of the curb to curb width of the pavement area.
Shall mean any person, corporation, public utility or other
entity on whose behalf a street opening is performed by a permittee.
Shall mean any person, firm, or corporation granted a permit
hereunder.
Shall mean Bell Atlantic New Jersey, or its successor corporation
or corporations, Public Service Electric and Gas Company, United Water
New Jersey, Cablevision of Hudson County, Time Warner Cable or any
other entity having either the power of eminent domain or subject
to the regulations by the Public Utilities Commission of the State
of New Jersey.
Shall mean any opening, tearing up or excavating, for any
purpose, of a Borough road, which is not an extensive opening and
generally not larger than 48 inches by 48 inches or 16 square feet
in size.
Shall mean any street, road or other public way dedicated
to and accepted by the Borough of Fairview, and shall include all
of the area thereof lying within the bounds of the curbing, or in
the absence of curbing, the dedicated right-of-way.
[Ord. No. 99-22 § 13-2.3]
a.
Permit Required.
1.
No person, persons or corporation, municipal or private, nor any
utility company, public or private, shall for any purpose open, tear
up, excavate, bore, tunnel or drive under or in any way impair the
surface or subsurface within the paved or unpaved limits of any street
in the Borough of Fairview without first obtaining a road opening
permit from the Superintendent of the Department of Public Works.
2.
Only such persons, firms or corporations to whom or to which permits
have been granted shall be permitted to perform such work and then
only in the manner herein required and only as specifically allowed
in the permit. Assignment of rights under any permit issued herein
is prohibited; the permitted is always responsible for performance
under this section.
b.
Nothing contained in this section shall be construed as requiring
the issuance of a permit for the performance of any work done by the
Borough of Fairview or under a contract with the Borough for the repair,
maintenance and/or construction of waterlines, sanitary sewers, storm
drains or street improvements.
c.
No permit applicant shall begin work until he receives the authorization
number from the Underground Plant Location Service and the appropriate
utility. Applicant must comply with the requirements of N.J.S.A. 2C:17-4
and 2C:17-5, which provide, among other things, that the applicant
give to any person or corporation engaged in the distribution or transmission
of manufactured, mixed or natural gas or synthetic natural gas, liquefied
natural gas or propane gas in the area of the proposed excavation
written notice of the proposed excavations and ascertain from such
person or corporation the location of all such gas lines or pipelines
within 200 feet of the proposed excavation.
d.
Nonopening of Road. No street, road or paved area constructed, reconstructed
or repaved within three years of the time that the road is sealed
can be excavated, built or patched except in the case of emergency,
which includes but is not limited to gas leaks.
[Ord. No. 99-22 § 13-2.4;
New]
a.
Form.
1.
Applications for a street excavation shall be provided by the Department
of Public Works. Applications shall be filed at least one week prior
to the commencement of any work. The application shall specify the
name and address of the applicant; the specific location of the proposed
excavation and the width, length and depth thereof; the type of road
or other surface; and the individual(s), firm or corporation for whose
benefit the excavation is to be made and shall be accompanied by a
nonrefundable fee for the issuance of the permit as hereinafter provided,
together with the charges as hereinafter set forth.
2.
3.
No work may commence by the permittee until the date set forth in
the issued permit.
b.
Emergency Road Opening.
1.
In the event that an emergency condition exists requiring immediate
action by any person, firm or corporation required to obtain a permit
pursuant to this section, the person may immediately cause the roadway
to be entered and emergency measures taken without first obtaining
a permit, provided that:
(a)
A true emergency exists and the person(s) doing the work notifies
the Fairview Police Department prior to start of work; the Police
Department shall log the emergency.
(b)
A permit is applied for within 72 hours of the road opening
or on the next business day, whichever is more practical.
(d)
The Superintendent of the Department of Public Works or the
Borough Engineer shall be notified within 24 hours of a road opening.
If a road opening commences on a Saturday or Sunday as a result of
emergency road work, the Police Department of the Borough of Fairview
shall be notified prior to start of work, and the Superintendent of
the Department of Public Works or the Borough Engineer shall be notified
on the morning of the first business day thereafter.
2.
The Borough reserves the right to issue a written stop-work order
where same is deemed appropriate by the Superintendent of the Department
of Public Works or Borough Engineer.
c.
Review of the Application of Small Openings. Prior to the issuance
of a permit, copies of the application therefore shall be referred
to the Superintendent of the Department of Public Works or the Borough
Engineer who shall, within five working days, note any objections
to the issuance of a permit or any conditions which shall be satisfied
prior to or be imposed as conditions upon the issuance of the permit,
as appropriate.
d.
Applicant. The applicant must be a licensed contractor or agent of
a public utility, whether corporate, individual, or partnership, who
will be actually engaged in the performance of the work to ensure
the safety of the public and that the work is done in accordance with
Borough specifications. The application shall be made for and on the
behalf of the owner for whom such work is being done and shall be
countersigned by such owner. Permits will not be issued directly to
private owners or developers without specific written approval of
the Mayor and Council.
e.
Agreement. The owner shall agree, as a condition of the issuance
of a permit, that any facilities, pipes or poles or other object(s)
to be installed within the Borough right-of-way pursuant to the permit
shall be promptly relocated at the owner's expense, except where
otherwise provided by law, as required by the Borough of Fairview,
to accommodate the installation of Borough facilities. Such agreement
shall be in writing and contained on the face of the application form
and permit.
f.
Review of Application for Small and Extensive Openings. All small
and extensive openings shall first be reviewed and approved by the
Superintendent of the Department of Public Works, and extensive openings
shall subsequently be reviewed and approved by the Borough Engineer
prior to the issuance of a permit.
g.
Issuance. Street opening permits shall be issued by the Department of Public Works once reviewed and approved as provided for herein; provided, however, that no permit shall be issued until an application fee and an engineering fee, as described in Subsection 15-2.10 of this section, have been paid to the Department of Public Works.
[Ord. No. 99-22 § 13-2.5]
a.
Generally. The New Jersey Department of Transportation 1989 Standard
Specifications for Road and Bridge Construction and Standard Roadway
Construction/Traffic Control/Bridge Construction Details, dated September
1995 with all amendments and supplements, shall govern all of the
work performed under Borough of Fairview road opening permit, except
as supplemented below.
1.
No Borough road shall be closed to traffic without prior written
consent of the Police Department. In the event that a road is closed,
uniformed Police may be required to act as traffic directors, and
the proper traffic control devices shall be erected and maintained
in accordance with standards described in the Manual on Uniform Traffic
Control Devices, 1988 Edition. All costs of providing uniformed Police
shall be the responsibility of the permittee or the owners. The Borough
will bill the permittee for such services at the prevailing rate specified
annually by the Borough. In the event that a detour is deemed necessary
by the permittee, application shall be made to the Chief of Police,
who shall determine the necessity for such detour and the route to
be followed. In emergency situations, notification by phone to the
Police Department shall be done prior to start of work.
2.
Any work under an issued permit must be commenced within three months
from the date of issue and completed 45 days from commencement, or
the permit shall be deemed void, and reapplication shall be required.
The Superintendent of the Department of Public Works or the Borough
Engineer may grant a single forty-five-day completion extension past
the original permit expiration date.
3.
Work commenced under a permit shall be continued expediently during
normal working hours until completed.
4.
The applicant shall notify the Superintendent of the Department of
Public Works or the Borough Engineer 24 hours in advance of the actual
commencement of any work on an extensive opening, or on the same day
for a minor opening.
b.
Guard. The applicant shall keep the work site properly guarded both
day and night and shall have lights, barriers and adequate safety
devices as described in the Manual on Uniform Traffic Control Devices
placed thereat and maintained throughout the performance of the work
and shall interfere as little as possible with the traffic along the
street or road within the Borough, and only that part of any such
street or road as is set forth in the permit shall be opened.
c.
Cover and Protection. All utilities shall be constructed with adequate
depth of cover protection for the utilities in the event that further
Borough road construction, repair or modification necessitates excavation,
undercutting or installation of facilities in the area where the utility
is located. This location will in no way relieve the utility owner
of the responsibility of relocating the utility at the utility owner's
expense in case of conflict with future construction, reconstruction
or modification of related facilities, except as otherwise specified
herein.
d.
Protection of Existing Structures. It shall be the responsibility
of the permittee to give other notice of the proposed street opening
to any person, firm or corporation whose pipe, conduits or other structures
are laid in the portion of the street to be opened. The notice shall
be given to all utilities by calling the Garden State Underground
Plant Location Service at telephone number 1-800-272-1000 three working
days before the commencement of the opening, or as provided by law,
and the permittee shall restore the same, at his own expense, to the
condition it was in prior to commencement of work.
e.
All excavations shall be completely backfilled at the end of each
working day unless it would constitute a hardship to the permittee
or where the size of the excavation makes it impossible to backfill
at the end of each working day, in which event a waiver may be granted
by the Superintendent of the Department of Public Works or the Borough
Engineer. In the event that a waiver is granted, the contractor or
owner shall cover the excavation with heavy one inch thick steel plates
secured to existing pavement to prevent rattles and movement and erect
appropriate barriers and lights around the entire excavation and arrange
to provide appropriate security protection, if such security is necessary,
at his own cost, and such other safeguards as may be needed to protect
the public from an open excavation. If steel plates are placed for
over a weekend or for an extended period, all edges are to be macadam-sealed
and sloped. In no event shall an excavation be left open for more
than 72 hours unless an emergency exists and permission has been secured
from the Chief of Police, Superintendent of the Department of Public
Works and Borough Engineer or their designated representatives.
[Ord. No. 99-22 § 13-2.6]
a.
The permittee shall be liable for any damage to the roadway leading
to or adjacent to the work site.
b.
The permittee shall, on a continuing basis, maintain all streets
and other property affected by the construction in a clean condition
free from all rubbish, excess earth, rock and other debris. Upon completion
of all work under the permit, the permittee shall again clean the
affected property and remove all debris and unused material. In the
event that the permittee fails to act as provided herein, the Borough,
upon 24 hours' notice to the permittee, may clean and remove
all rubbish, excess earth, rock, debris and unused material and charge
the permittee the cost thereof. If the permittee fails to reimburse
the Borough for the costs incurred, the costs shall be deducted from
the permittee's deposit held by the Department of Public Works.
[Ord. No. 99-22 § 13-2.7]
The Superintendent of the Department of Public Works or Borough
Engineer shall periodically inspect all road openings and the repair
and resurfacing thereof for the purpose of determining compliance
with the conditions imposed on the issuance of the permit and the
specifications. The Borough may, upon the recommendation of either
of them:
a.
Order a temporary stop to any road paving.
b.
Order that the applicant perform or correct work in accordance with
the direction of the Borough.
c.
Order a stop to any work and revoke the permit, in which event the
Borough of Fairview shall complete the work, or cause it to be completed,
and either declare the applicant's deposit forfeited or notify
the applicant's surety of an intent to file claim on the bond,
or both to the extent necessary to complete the work.
d.
Authorize the correction of any work after notification to the permittee
and after the neglect or the refusal of the permittee to make such
corrections within 24 hours and, after the completion of same, either
declare the permittee's deposit forfeited or notify the permittee's
surety of an intent to file a claim on the bond, or both to the extent
necessary to make the necessary corrections.
e.
Take any other action deemed reasonable under the circumstances to
protect the Borough's interests.
[Ord. No. 99-22 § 13-2.8]
Small road openings may be permanently paved after a thirty
to sixty-day normal settlement period, or as directed sooner or later
than that period by the Borough Engineer or Superintendent of the
Department of Public Works.
No extensive road opening shall be permanently paved until a
final inspection has been made by the Borough Engineer or Superintendent
of the Department of Public Works and final approval given.
a.
For All Openings.
1.
The existing pavement must be saw-cut or blade cut vertically in
a straight line to the full depth of the pavement before excavation
begins.
2.
The material excavated from the trench opening may be replaced as
backfill unless found to be unsuitable by the Superintendent of the
Department of Public Works or Borough Engineer. Unauthorized excavated
materials must normally be removed from the work site within five
calendar days after the day of excavation, or within 24 hours at the
direction of the Superintendent of the Department of Public Works
or Borough Engineer.
3.
The backfill of stone or bank run sand shall be furnished from outside sources, except as authorized pursuant to Subsection 15-2.8a2.
4.
The uncompleted length of road opening (not having a surface course
of stabilized base at the end of the work day) allowed under a permit
at any one time shall not exceed 50 linear feet unless a special need
can be established by the permittee and approval to exceed this limitation
is secured from the Superintendent of the Department of Public Works
or Borough Engineer. Such special need shall be noted in writing on
the permit application to the Superintendent of the Department of
Public Works or Borough Engineer before such permission is granted,
except in unusual cases and/or emergencies. In that event, such special
needs shall be documented in writing after approval is granted.
5.
Where existing manholes are located in the road shoulder areas, a
minimum of two inches of bituminous concrete Mix No. I-5 shall be
placed for four feet on both sides of the manhole casting over four
inches of quarry-processed stone. The width of the bituminous concrete
Mix No. I-5 shall vary to the dimensions of the existing shoulder.
6.
All backfill shall be placed in eight to twelve-inch layers, with
each layer thoroughly compacted by mechanical means to the satisfaction
of the Superintendent of the Department of Public Works or Borough
Engineer. The Superintendent or Borough Engineer shall have the right
to require a compaction test to be performed by an independent laboratory
at the expense of the permittee.
7.
After proper compaction, the entire area of the opening shall be
paved with the temporary pavement, maintaining a smooth transition
with the adjoining paved areas.
b.
Asphalt Pavement Openings.
1.
For openings in asphalt-surfaced pavements or penetration macadam pavements, backfill material shall be deposited and compacted as described in Subsection a, preceding to a level similar to the bottom of the adjoining subbase course, but not less than six inches below the surface level of the adjacent paved surfaces.
The Superintendent of the Department of Public Works or the
Borough Engineer may direct that for extensive openings the subbase
course shall be quarry-processed stone of not less than four inches
compacted thickness.
The base course shall be bituminous-stabilized base course Mix
No. I-2 not less than three inches compacted thickness constructed
in a single lift.
The pavement surface shall be placed and compacted flush with
the finished surface of the existing pavement and shall be maintained
at this level by the permittee by the addition of bituminous concrete
Mix No. I-5 until final settlement has occurred.
After a thirty to sixty-day normal settlement period, or as
directed sooner or later than that period by the Borough Engineer
or Superintendent of the Department of Public Works, a final pavement
surface course will be applied wherever necessary to maintain a flush
and level surface.
The final pavement surface course shall be bituminous concrete
Mix No. I-5 with all joints between the existing pavement and the
bituminous concrete surface course to be sealed with a tack coat.
During the winter months, if bituminous stabilized base material
is not available, cold mix bituminous concrete may be substituted
with the provision that this material is removed and replaced with
bituminous base material when these materials become available.
c.
Concrete Pavement Surface Openings. For all openings in concrete
surfaces, the trench backfill shall be compacted in one foot layers
to a level four inches below the top of the adjacent paved surface.
A four-inch compacted depth of bituminous concrete Mix No. I-2 pavement
shall then be placed, compacted level with the existing pavement,
and shall be maintained by the permittee to a pavement level by adding
additional bituminous material until final settlement has occurred,
the temporary bituminous concrete pavement shall be removed and the
opening excavated to a depth of 10 inches, and a pavement of Class
B concrete 10 inches in depth shall be constructed level with the
existing pavement surface. A layer of heavy six-by-six No. 6 gauge
wire mesh reinforcing shall be placed in the opening at a point for
eight inches below the finished elevation.
d.
Nonpaved Area. All grass or graveled area or sidewalk areas disturbed
within the Borough right-of-way shall be reconstructed, topsoiled,
seeded and mulched within 14 days of completion of excavation. All
concrete areas will be thoroughly compacted. These limits may be waived
by the Superintendent of the Department of Public Works or the Borough
Engineer only when abnormal temperatures or inclement weather necessitates
the same.
e.
All work shall be guaranteed for a period of at least 12 months from
its completion and acceptance by the Superintendent of the Department
of Public Works or the Borough Engineer.
[Ord. No. 99-22 § 13-2.9]
a.
Insurance. The applicant shall present evidence satisfactory to the
Borough Attorney of insurance sufficient to indemnify and save harmless
the Borough, its agents and servants against and from all suits and
costs of every kind and from all personal injury or property damage
resulting from negligence or from any phase of operations performed
under the permit. The insurance shall provide limits of not less than
$1,000,000 of single limit or, in the case of a public utility, may
be in the form of a certificate of self-insurance. Where there is
an extensive opening, the Superintendent of the Department of Public
Works or the Borough Engineer may request additional insurance if
it is deemed necessary under the circumstances.
b.
Security.
1.
The Department of Public Works shall not issue a permit unless the applicant has deposited as security for faithful performance a certified check made payable to the Borough of Fairview or filed a bond with the surety satisfactory to the Borough Attorney, the amount thereof, to be based upon the security deposit fee schedule as contained in Subsection 15-2.10 of this section.
2.
In lieu of the security deposit required above, a public utility
applicant may file with the Borough Clerk a corporate performance
bond in the amount of at least $20,000. This corporate performance
bond must be an annual one and must be renewed annually.
In the event that a public utility applicant applies for a permit for road opening and/or road openings and the required security deposit fee set forth in Subsection 15-2.10 exceeds the $20,000 the public utility applicant shall file a corporate performance bond in an amount equal to the difference between the $20,000 and the required security deposit. For all nonpublic utility applicants, the surety bond shall be at least $1,000. A certified check for a lesser amount may be deposited, however, in the amount provided by Subsection 15-2.10 for the work to be performed.
3.
Upon satisfactory completion of all work permitted or required under
the permit for extensive openings, if the security deposit is $2,000
or less, the Borough of Fairview will retain 100% of the security
deposit as security for maintenance of the work for a period not to
exceed one year from the date of completion, provided that if the
security deposit is in the form of a certified check, the permittee
may deposit a surety bond of $2,000 satisfactory to the Borough Attorney
in lieu of the certified check. If the security deposit is greater
than $2,000, then the Borough will release or refund 60% or more of
the same with the approval of the Superintendent of the Department
of Public Works or Borough Engineer, excepting it shall retain a minimum
of $2,000, and the surety bond will be deposited for the maintenance
as set forth above. All bonds and certificates of insurance shall
contain a provision that the same shall remain in full force and effect
for a period of one year after the last work under any permit.
c.
Application Fee and Escrow Deposit.
1.
The applicant shall also pay, by separate money order, certified check or, if the applicant is a public utility as herein defined, by a corporate check, a nonrefundable application fee as set forth in Subsection 15-2.10 of this section. Applicant other than a public utility shall pay, by separate money order or certified check, a refundable escrow deposit fee for inspection and professional services as set forth in Subsection 15-2.10 of this section. Should the escrow deposit fee account at any time become insufficient to cover the actual or anticipated inspection and professional expenses, the fund shall be subject to increase on demand of the Superintendent of Public Works.
2.
The Borough shall pay from the escrow deposit fee any costs incurred
by its designated representatives or professional consultants for
inspection or other engineering services or legal fees required in
connection with the proposed opening or excavation at the rate established.
[Ord. No. 99-22 § 13-2.10; Ord. No. 03-43; Ord. No.
10-16; Ord. No. 12-1]
Fees shall be as follows:
a.
Application Fee Nonrefundable (Other than Public Utilities):
1.
Road Opening.
(a)
Application Fee (minimum fee) (Includes 1 inspection): $200.
Additional inspection: $75 (per inspection).
(b)
First five linear feet by three feet wide: $25.
(c)
From five linear feet to 25 linear feet by three feet wide to
be defined as the longest dimension: an additional $20.
(d)
From 25 linear feet to 50 linear feet by three feet wide: an
additional $40.
(e)
Extensive openings: $75.
2.
Boring, Tunneling or Driving Under Road: lump sum minimum of $75.
3.
Curb, Gutter, Apron, Sidewalk or Driveway: lump sum of $15 when affected
by excavation.
4.
In lieu of individual application fees set forth above, public utilities as defined in Subsection 15-2.2 may pay a single annual fee of $250.
5.
Inspection Fee (minimum fee) (Includes up to 3 inspections): $225.
$75 per hour will be charged for any additional inspection.
6.
Performance Escrow (refundable): $2,500 (Minimum - based upon value
of improvements.) Determined by the Administrator and/or Superintendent
of DPW. Public Utilities shall be authorized to submit a yearly Bond
in an amount to be determined by the Superintendent of DPW
7.
Fee for Failure to Apply for a Road Opening Permit (there shall be
a forty-eight-hour grace period for emergency road opening): $1,000.
c.
An escrow deposit fee for engineering and legal costs will be required
for all nonpublic utility applicants.
1.
All road openings, excavations, borings and other work as stated
on the permit application:
(a)
Base charge, including the first five square yards on any trench,
driveway or sidewalk opened, torn up or excavated and including the
first 20 linear feet of any curb or gutter torn up or excavated: $1,000.
(b)
For all work proposed on each application that exceeds the quantities delineated in Subsection c1(a) above, a work schedule shall be submitted to and approved by the Superintendent of Department of Public Works or the Borough Engineer, who shall estimate the total escrow fee required based thereon. If, at any time during the course of the work, it appears evident to the Superintendent of the Department of Public Works or the Borough Engineer that the escrow deposit fee is or will be insufficient to cover all costs of inspection and/or other professional services, additional escrow deposit fees shall be estimated by the Superintendent of Department of Public Works or the Borough Engineer and paid to the Department of Public Works, based on a revised work schedule to be submitted by the applicant. This procedure shall be repeated as often as necessary to guarantee sufficient escrow deposit fees being available.
[Ord. No. 99-22 § 13-2.11]
Upon the completion of any such work, the Superintendent of
the Department of Public Works or Borough Engineer shall file a report,
which report shall contain the date of completion, the amount of deposit,
the cost to the Borough for resurfacing the area so excavated or opened,
if the same shall have been necessary, and the balance, if any, due
to the applicant. Upon receipt of the report by the Superintendent
of the Department of Public Works, the balance due, if any, to the
applicant on account of any deposit shall be forthwith returned.
[Ord. No. 10-16]
This section shall be enforced by the Fairview Police and/or
the Department of Public Works Officials.
[Ord. No. 99-22 § 13-2.12; Ord. No. 10-16; Ord. No.
12-1]
a.
Any person, company, firm or corporation who or which shall violate
any of the provisions of this section shall, upon conviction of such
violation, be subject for each offense to a fine not exceeding $2,000
or imprisonment for a term not exceeding 90 days, or both. In case
of failure to restore payments or roads or streets as hereinabove
provided, after written notice by the Superintendent of the Department
of Public Works to do so, each day that such pavement, roads or streets
remain unrestored shall constitute a separate offense.
b.
Fee for failure to apply for a road opening permit (There shall be
a forty-eight-hour grace period for emergency road opening): $1,000.
[1974 Code § 3-7.1]
The owner, agent, tenant, occupant, or person, firm or corporation,
having charge of any building or lands located or bordering on any
street or public highway in the Borough, upon which there is a sidewalk
in front of the premises, shall cause the sidewalk to be cleared of
snow, ice or sleet, for a width of at least four feet, within 12 hours
of daylight after the same shall have formed or fallen thereon.
[1974 Code § 3-7.2]
The owner, agent, tenant, occupant, or person having charge
of any building or lands located or bordering on any street or public
highway in the Borough shall, between the hours of 8:00 a.m. and 8:00
p.m. cause any ice formed on the sidewalk in front of the premises
to be removed, or shall cause the same to be covered with sand or
other substances suitable for rendering such sidewalk safe and convenient
for travel, within two hours after such ice has formed.
Any owner, agent, tenant, occupant, or person having charge of any such building or lands, whose duty it shall be to clear the sidewalk, and who shall violate any of the provisions of this section, or who shall refuse or neglect to comply with any of its provisions, shall, upon conviction for each offense, subject to the penalty as stated in Chapter 1, § 1-5.
[Amended 2-16-2016 by Ord. No. 16-4]
No person, firm or corporation shall cast or throw ice or snow
upon a public street or thoroughfare in which snow has been plowed
or removed.
[Amended 2-16-2016 by Ord. No. 16-4]
It is required that the owner of any real property abutting
any fire hydrant to clear such fire hydrant of snow, within 24 hours
of snow coverage. If a party responsible for fire hydrant clearance
under this section fails to perform the required clearance within
the specified time, the municipality may perform the clearance and
bill the responsible party no more than $75 for the service.
