Township of Fairfield, NJ
Essex County
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Table of Contents
Table of Contents
[1969 Code § 61-1]
As used in this chapter:
APPLICANT
Shall mean any person who makes application for a permit.
EMERGENCY
Shall mean any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
ENGINEER
Shall mean the person duly appointed Township Engineer, his authorized deputy, representative or inspector.
PERMITTEE
Shall mean any person who has been issued a permit and is obligated to fulfill all the terms of this section.
PERSON
Shall mean and include any natural person, partnership, firm, association, utility, corporation or authority created pursuant to statute. Whenever used in any section prescribing and imposing a penalty, the term "person," as applied to associations, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.
STREET
Shall mean and include a public street, public easement, public right-of-way, public highway, public alley, public way or public road accepted or maintained by the Township and any State or County road over which the Township may have acquired jurisdiction by agreement.
[1969 Code § 61-2]
It shall be unlawful for any person to make any tunnel, opening or excavation of any kind in or under the surface of any street without first securing a permit from the Township for each separate undertaking; provided, however, any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately, provided the permit could not reasonably and practically have been obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the office of the Township Engineer is open for business. The permit shall be retroactive to the date when the work was begun.
[1969 Code § 61-3]
No person to whom a permit has been granted shall perform any of the work authorized by the permit in any amount or quantity greater than that specified in the permit, except that upon the approval by the Engineer, additional work may be done under the provisions of the permit in any amount not greater than 10% of the amount specified in the permit. Any deposit and bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this subsection within the limit mentioned herein.
[1969 Code § 61-4]
Work for which a permit has been issued shall commence within 45 days after the issuance of the permit. If not so commenced, the permit shall be automatically terminated. Permits thus terminated may be renewed upon the payment of an additional permit fee as originally required.
[1969 Code § 61-5]
Permits are not transferable from one person to another and the work shall not be made in any place other than the location specifically designated in the permit.
[1969 Code § 61-6]
Every permit shall expire at the end of the period of time which shall be set out in the permit. If the permittee shall be unable to commence or complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the Township Engineer a request for an extension of the time, setting forth therein the reasons for the requested extension. If such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time by the Engineer for the commencement or completion of the work.
[1969 Code § 61-7]
The provisions of this section shall not be applicable in those instances where the highway is maintained by the State of New Jersey, or by the County of Essex, except in such cases where the Township may have special arrangements with the State or County.
[1969 Code § 61-8]
a. 
Any permit may be revoked by the Engineer after notice to the permittee for:
1. 
Violation of any condition of the permit or of any provision of this section.
2. 
Violation of any provision of any other applicable ordinance or law relating to the work.
3. 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others.
b. 
Written notice of any such violation or condition shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified or by certified or registered United States mail addressed to the person to be notified.
c. 
A permittee may be granted a period of 48 hours from the date of the notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before the permit is revoked.
d. 
When any permit has been revoked and the work authorized by the permit has not been completed, the Engineer shall do such work as may be necessary to complete such work as was authorized by the permit and to restore the street or part thereof to as good a condition as before the opening was made. All expenses incurred by the Township shall be recovered from the deposit or bond the permittee has made or filed with the Township.
[1969 Code § 61-9; Ord. No. 2011-06 § 1]
It shall be the duty and responsibility of any applicant to:
a. 
Make a written application for permits with the Engineer on such form as the Township shall prescribe. No work shall commence until the Engineer has approved the application and plan and issued a permit, nor until the applicant has paid and provided all fees, deposits, certificates and bonds required by this section.
b. 
Furnish, in duplicate, a plan showing the work to be performed under the permit. If approved by the Engineer, one copy of the plan shall be returned to the applicant at the time the permit is granted.
c. 
Agree to save the Township and its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit. The acceptance of any permit under this section shall constitute such an agreement by the applicant, whether or not the same is expressed.
d. 
Pay a permit fee of $25 for residential uses and $75 for commercial uses which will be used to cover the cost of processing permits, provided that public utilities or authorities may elect to be billed monthly for such fees as they may accrue.
e. 
Pay a fee of $25 to cover the cost of inspecting the work authorized by the permit, except that as to a public utility subject to the jurisdiction of the New Jersey State Board of Public Utility Commissioners, the same shall not apply unless the Township Engineer determines that an inspector is required because of the nature of the work involved.
f. 
Furnish a performance bond as required by subsection 15-1.14 for the proper repair of the street opening.
g. 
Pay a fee of $30 cash bond per square yard with a minimum fee of a $250 cash bond to cover the estimated cost of maintenance to be returned at the completion of one year from the date of acceptance by the Engineer.
h. 
Furnish a certificate of insurance as required in subsection 15-1.17, or, in the case of a public utility or authority, furnish a self-insurer certificate issued by the Security Responsibility Bureau of the Division of Motor Vehicles, Department of Law and Public Safety for the State of New Jersey.
i. 
Keep the original copy of the permit and an approved copy of the plan. The permit must be in the possession of the party or parties actually doing the work and must be exhibited to the Engineer, duly authorized inspectors, or, in the instances of County or State highways, to the respective inspectors of these organizations.
j. 
Notwithstanding the requirements listed above, a public utility or authority may, in lieu of the requirements for maintenance charge and performance bond, furnish the Township with a performance bond for the current year in the amount of $25,000 guaranteeing compliance with all provisions of this section.
[1969 Code § 61-10]
a. 
The permittee shall be required to comply with all Federal, State, County and municipal regulations, laws and ordinances in regard to the work, the protection of property and welfare and safety of the passing public and his employees.
b. 
It shall be the permittee's responsibility to abide by the Construction Safety Code of the Department of Labor and Industry, Bureau of Engineering and Safety, of the State of New Jersey, dated November 15, 1963, and its amendments.
c. 
Except in cases of emergency, the ordinary working day shall be between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, inclusive.
d. 
Prior to any excavation, the permittee shall cut all pavement to a neat line six inches back from each edge of the proposed trench using pneumatic hammers or mechanical cutters.
e. 
The permittee shall be responsible for the location and protection of all underground utilities within the limits of the work area.
f. 
Care shall be taken so as to protect the existing sections of pavement, curbing, sidewalks, underground pipes and structures of any kind.
g. 
The excavation shall be supported and placed in accordance with good engineering design and practice.
h. 
Excavation materials which will, in the opinion of the Engineer, cause a hazard to the traveling public or to private property, shall be removed from the site.
i. 
Excavations which are hazardous to the traveling public shall be properly barricaded and lighted. Lighting shall be functioning from 1/2 hour before sunset until 1/2 hour after sunrise.
j. 
The site of the work shall at all times be barricaded and lighted with the prescribed safeguards so as not to be a hazard to the traveling public or person in the vicinity of the work. The permittee shall at all times be responsible for providing the necessary prescribed safeguards.
k. 
Detailed excavation and backfill procedures for any openings wider than four feet shall be submitted to the Engineer for his approval prior to the initiation of any excavation work.
l. 
When excavations are carried below groundwater level, the permittee shall submit to the Engineer details of the method he proposes to use for dewatering the excavation before commencing work.
m. 
Backfill material in the roadway shall consist of bank-run sand or other material approved by the Engineer.
n. 
Backfill material shall be compacted in six inch layers by approved vibratory compactors or flat-faced mechanical tampers to at least 95% density.
o. 
The backfill material shall be brought to 12 inches from the finished surface in roadway areas. In the roadway areas, four inches of quarry process stone shall be placed and compacted, on top of which eight inches of bituminous stabilized base shall be placed and compacted so as to provide a smooth surface. A thick tack coat shall be applied to the sides of the existing pavement.
p. 
After settlement has occurred, a skin patch of bituminous concrete shall be placed over the bituminous stabilized base. The patch shall extend six inches beyond the existing pavement on each side. The edges shall be kept straight, and a thin tack coat shall be applied between the existing pavement and the bituminous concrete.
q. 
Flagmen shall be provided when they are necessary in the opinion of the Engineer.
r. 
It shall be the permittee's responsibility to maintain accessibility to utility valve boxes and manholes and not to impede the runoff of any surface water.
s. 
The permittee shall not close nor obstruct any portion of a street without first obtaining permission to do so from the Township Engineer. He shall not deprive any building, dwelling or property of safe and proper access, except with the consent of the owner or occupant and after due notice to the Engineer.
t. 
In cases of necessity due to unusual or unforeseen conditions, the Engineer is permitted to deviate from these rules.
u. 
In cases where the safety of the traveling public is involved or emergencies involving utilities or structures of any type, the Engineer may, at his discretion, order the necessary work done to alleviate the hazard without waiting for the permittee to arrive at the site. The cost incurred in instituting these emergency measures shall be chargeable to the permittee.
v. 
In all instances where the Township Engineer is required to perform the necessary work, the permittee by the acceptance of a permit agrees to save harmless the Engineer and the Township, its servants and agents from any and all liability in connection with the work performed.
[1969 Code § 61-11; Ord. No. 789]
a. 
The schedule of charges for labor and equipment is as follows:
1. 
Excavation equipment, per day: $200.
2. 
Rollers, per day: $200.
3. 
Mechanical compactors, per day: $200.
4. 
Pumps, per day: $100.
5. 
Trucks, per day: $100.
6. 
Labor, per hour: $10.
b. 
Any equipment and materials needed which are not listed above shall be charged to the permittee at the actual cost, plus 20%.
[1972 Code § 61-12]
The Engineer is authorized to establish a schedule of charges of labor, materials and such other expenses as may be incurred by the Township in meeting the requirements of this section.[1] The schedule shall be open to public inspection in the office of the Engineer upon demand and shall be adopted in the same fashion as street-opening regulations.
[1]
Editor's Note: See subsection 15-1.11.
[1972 Code § 61-13]
The decision of the Engineer as to the cost of any work done or repairs made by him or under his direction pursuant to the provisions of this section shall be final and conclusive.
[1969 Code § 61-14]
Each applicant, prior to the receipt of a permit, shall provide the Township with an acceptable corporate surety bond to guarantee faithful performance of the work authorized by a permit granted pursuant to this section. The amount of the bond shall be 100% of the estimated cost of the work to be done by the permittee. The term of the bond shall begin upon the date of posting thereof and shall terminate upon the receipt by the permittee of a certificate of final inspection from the Engineer. If the permittee anticipates requesting more than one permit per year, as required by this section, he may furnish one continuing corporate surety bond to guarantee faithful performance in such amount as the Engineer deems necessary. The amount of the bond shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year.
[1969 Code § 61-15]
Whenever the Engineer shall find that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the principal and to the surety on the bond. The notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Engineer to be reasonably necessary for the completion of such work.
[1969 Code § 61-16]
After receipt of such notice the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, indemnify the Township for the cost of doing the work as set forth in the notice.
[1969 Code § 61-17]
a. 
Each applicant, prior to receipt of a permit, shall provide the Township with an acceptable certificate of insurance indicating that he is insured against claims for damages for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or anyone directly or indirectly employed by him. The insurance shall cover collapse, explosive hazards and underground work by equipment on the street, and shall include protection against liability arising from completed operations.
b. 
The amount of the insurance shall be prescribed by the Engineer in accordance with the nature of the risk involved; provided, however, that the liability insurance for bodily injury in effect shall not be in an amount less than $100,000 for each person and $300,000 for each accident; and for property damages an amount not less than $50,000 with an aggregate of $100,000 for all accidents.
c. 
Public utilities and authorities may be relieved of the obligation of submitting such certificates if they are insured in accordance with the requirements of this section and furnish evidence thereof to the Engineer.
[1969 Code § 61-18]
When the Township shall improve or pave any street, the Township Clerk shall first give notice to all persons owning property abutting on the street about to be paved or improved, and to all public utilities and authorities operating in the Township, and all such persons, utilities and authorities shall make all connections as well as any repairs thereto which would necessitate excavation of the street within 30 days from the giving of such notice. The time shall be extended if permission is requested in writing and approved by the Township Engineer.
[1969 Code § 61-19; Ord. No. 2002-21 § 1]
No permit shall be issued by the Engineer to any person given notice under subsection 15-1.18 which would allow an excavation or opening in a paved and improved street surface less than three years old unless the applicant can clearly demonstrate that public health or safety require that the proposed work be permitted or unless an emergency condition exists.
[1969 Code § 61-20; Ord. No. 2002-21 § 2]
If, by special action of the Engineer, a permit is issued to open any paved and improved street surface less than three years old, a penalty charge shall be made for the opening, except that the penalty shall be waived in the event the work is of an emergency nature. The penalty charge shall be on a sliding scale and shall be equal to 2% of the cost of restoring the opening for each unelapsed month or fraction thereof of the three year restricted period.
[1969 Code §§ 61-21, 61-22]
a. 
Requirements. A public utility having underground mains, conduits or conductors shall furnish to the Township Engineer, if he so requests, detailed information as to the location, size and type of its facilities at any specified location.
b. 
Notices to Property Owners and Tenants. If the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project or subsurface installations in the vicinity of the proposed opening, the Engineer shall require the permittee to submit evidence in affidavit form that permittee has served the owners and/or tenants of such properties and subsurface installations personally or by certified mail, return receipt requested.
[1969 Code § 57-1; Ord. No. 599; Ord. No. 2011-06 § 2]
a. 
In accordance with the notice procedure provided in subsections 15-2.6 and 15-2.7, any sidewalk or curb on any public street which is out of line or grade, or broken or out of repair, or is otherwise in need of reconstruction or repair, shall be relaid to line or grade by the owner of the land in front of which any such improvement, reconstruction or repair is to be made.
b. 
Whenever the Mayor and Council determines that such sidewalk or curb work is necessary, it shall cause notice thereof, duly signed by the Township Engineer, to be served upon such owner in accordance with subsections 15-2.6 and 15-2.7, directing him to do the work within 30 days after service of the notice or within such time mandated by the Township Engineer.
[1969 Code § 57-2; Ord. No. 599; Ord. No. 2007-03 § 1; Ord. No. 2011-06 § 3]
a. 
Permit. No work required under subsection 15-2.1 shall be performed unless a permit to do so shall have been issued by the Township Engineer. Application for a permit under this section shall be made to the Engineer by the owner of the premises, or his agent, upon forms provided by the Township and shall contain the following information:
1. 
The name and address of the applicant.
2. 
The name and address of the person who is to perform the proposed work and the name and address of the owner of the property on which the work is to be performed, if other than the applicant.
3. 
The location, by street number or otherwise, of the premises where the work is to be done.
4. 
The estimated cost of the proposed work.
5. 
Any other information that the Township Engineer deems necessary in order to determine whether the work will comply with this section and any other applicable standards or codes of the Township.
b. 
Fees. A fee of $25 shall be charged for each permit and, in addition thereto, the applicant shall pay the cost of all tests which the Township Engineer deems necessary. The fee shall be paid at the time the application is filed, and the cost of all proposed tests shall be paid prior to the issuance of any permit.
c. 
Specifications.
1. 
All materials and work shall be in accordance with the Township specifications on file in the office of the Township Engineer.
2. 
Any sidewalk, driveway apron, curb or gutter which is removed shall be promptly replaced in accordance with the Township specifications.
3. 
No concrete sidewalk or driveway apron which is on a public street shall be replaced with asphalt, pavers, or covered with asphalt, painted or defaced in any way.
4. 
Whenever a curb cut or driveway depression is required, the entire section or sections of the curb or the curb and gutter shall be removed and replaced. The breaking and recapping of curbing is specifically prohibited.
d. 
Notice Required. The applicant shall notify the Township Engineer at least 24 hours prior to the time of placing or laying any sidewalk, driveway apron, curb or gutter so that the Engineering Department may arrange for adequate inspection and testing.
e. 
Exception. This subsection shall not apply to the initial installation of sidewalks, driveway aprons, curbs or gutters in a major subdivision where the work is covered by performance guaranties required by the Subdivision Ordinance.[1]
[1]
Editor's Note: See Chapter 42, Land Subdivision.
[1969 Code § 57-3; Ord. No. 599]
The owner or owners, or tenant or tenants, of any lands abutting upon the public highways, streets and avenues in the Township shall remove all grass, weeds, hedges, bushes, low hanging branches and other impediments from the abutting sidewalks, side lines or gutters of such highways within 30 days after written notice to remove the same, and shall remove all grass, weeds, hedges, bushes, low hanging branches and other impediments from the portion of any public highway, street or avenue which shall be a hindrance to pedestrians or obstruct the view of operators of vehicles using such public highway, street or avenue within 30 days after written notice to remove the same.
[1969 Code § 57-4; Ord. No. 599]
The written notice herein provided for in subsections 15-2.1 and 15-2.5 shall be prepared by the Township Engineer over his signature. It shall specify in sufficient detail the character of the improvement, reconstruction, repair or maintenance which is to be made and shall set forth a description of the property affected sufficiently definite to identify the same. The notice can be issued through an authorized representative of the Township Engineer and shall specify a time period within which the work shall be completed. The time period shall be 30 days, unless otherwise authorized by the Engineer. The notice shall be served in accordance with subsection 15-2.7.
[1969 Code § 57-5; Ord. No. 599]
Notice may be served upon the owner or owners, or tenant or tenants, resident in the Township in person or by leaving the same at their houses or places of residence with a member of their family above the age of 14 years. In case such notice cannot be served upon the property owner personally or mailed to his last known post office address, it may be served upon the occupant of the property or upon the agent in charge thereof. In case the owner of any such property is unknown or service cannot for any reason be made as above directed, notice thereof shall be published at least once in a newspaper circulating in the Township and a copy of the notice shall be posted in a conspicuous place upon the premises.
[1969 Code § 57-6; Ord. No. 599]
If the owner or owners, or tenant or tenants, of any lands abutting upon the public highways, streets and avenues of the Township shall violate the provisions set forth herein, the Engineering Department may cause to be repaired any sidewalk in need of repair, as aforesaid, or cause to be removed all such snow, ice, grass, weeds, hedges, bushes, low hanging branches or other impediments, as aforesaid, and after such repair or removal, the Township Engineer shall certify the costs thereof to the Mayor and Council, who shall examine the certificate and, if found correct, shall cause the costs, as shown thereon, to be charged against the lands abutting on the public highways, streets and avenues. The amount so charged shall forthwith become a lien upon the lands and shall be assessed and levied upon the lands, the same to bear interest at the same rate as taxes and to be collected and enforced by the same officers in the same manner as taxes.
[1969 Code § 71-48; Ord. No. 783]
No person or firm shall commence construction within the Township when that construction interferes with the free flow of traffic into or onto any right-of-way or street in the Township unless the person or firm shall have received approval of all traffic control measures required by the Township Engineer and the Traffic Safety Bureau of the Township.
[1969 Code § 71-49; Ord. No. 783]
All persons shall notify the Township Engineer prior to any start of construction, detailing the nature and scope of the proposed work. The Engineer, in coordination with the Traffic Safety Bureau, shall determine what traffic control measures shall be required. The traffic control measures may include, but not be limited to, uniformed traffic officers, flagmen, detour routes, signs, barricades, etc. No work shall commence until all required traffic control measures are in place and operational.
[1969 Code § 71-50; Ord. No. 783]
The current Manual of Uniform Traffic Control Devices (hereinafter referred to as "M.U.T.C.D.") shall be adopted, except as hereby supplemented and amended, as it controls and regulates whenever construction, maintenance operations or utility work obstructs the normal flow of traffic. Any person, contractor or utility who fails to comply with the provisions of M.U.T.C.D. while performing such work is in violation of this section.
[1969 Code § 71-51; Ord. No. 895; Ord. No. 902]
It shall be the responsibility of the person or contractor or, in the case of a public utility, as required under the public utility agreement, Section 16:25-9.2, wishing to conduct work on, under or above the roadway to contact the Traffic Bureau of the Fairfield Police Department, with notice to the Township Engineer, in order to coordinate the safe movement of traffic during such period of construction work. Work in County roads requires a County road opening permit and notification to the County Engineer. Any person, contractor or utility who fails to comply with this section prior to the start of such work or whose plans are not approved by the Traffic Bureau of the Fairfield Police Department and the Township Engineer, or in the case of County roads, the County Engineer, is in violation of this section.
[1969 Code § 71-52; Ord. No. 895; Ord. No. 902]
The person, contractor or utility shall provide the Traffic Bureau with at least two emergency contact phone numbers to be called in case of emergency problems at the construction or maintenance site prior to the start of the work. 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 reasonable fees for such emergency services by the Township shall be charged to the person, contractor or utility responsible for such conditions.
[1969 Code § 71-53; Ord. No. 895; Ord. No. 902]
There shall be no construction, maintenance operations or utility work on any roadway in the Township before the hour of 9:00 a.m. or after 4:00 p.m. Monday through Friday. Work on Saturday may be between the hours of 8:00 a.m. and 6:00 p.m. There shall be no work on Sunday or legal holidays or beyond the hours specified herein, except with the express approval of the Traffic Bureau, the Township Engineer and, if necessary, the County Engineer. If it is determined by the officer in charge of the Traffic Bureau that the construction or maintenance operations beyond the hours specified herein would substantially delay traffic or cause a safety or health hazard, then the work shall be restricted to the hours specified herein. Emergency work shall be allowed at all times as necessary and with the notification to the Traffic Bureau.
[1969 Code § 71-54; Ord. No. 895; Ord. No. 902]
Road closings and/or traffic detours shall not be permitted unless approved by the Fairfield Police Traffic Bureau and, in the case of County roads, by the County Engineer.
[1969 Code § 71-55; Ord. No. 895; Ord. No. 902]
Qualified traffic directors shall be posted at all construction or maintenance sites when determined by the Fairfield Police Traffic Bureau that same are necessary to provide for the safe and expeditious movement of traffic.
[1969 Code § 71-56; Ord. No. 895; Ord. No. 902]
The Traffic Bureau of the Fairfield Police Department or the Township Engineer or the County Engineer, in the case of County roads, shall have the authority to stop work, including the removal of equipment and vehicles and stored materials within the street right-of-way, backfilling of open excavations and/or related work, in order to abate any nuisance and/or safety hazard or for any violation of this section.
[1969 Code § 71-57; Ord. No. 895; Ord. No. 902]
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.