[1969 Code § 61-1]
As used in this chapter:
Shall mean any person who makes application for a permit.
Shall mean any unforeseen circumstances or occurrence, the
existence of which constitutes a clear and immediate danger to persons
or properties.
Shall mean the person duly appointed Township Engineer, his
authorized deputy, representative or inspector.
Shall mean any person who has been issued a permit and is
obligated to fulfill all the terms of this section.
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.
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]
[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.
[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.
[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.
[Added 3-22-2021 by Ord. No. 2021-04]
a.
The owner, occupant or tenant of premises located on Sand Road, Hollywood
Avenue, Fairfield Road and Beverly Road shall remove all snow and
ice from the abutting sidewalks of such streets or the abutting right-of-way
actually used by the public, or in the event of ice, which may be
so frozen as to make removal impractical, shall cause same to be thoroughly
covered with salt, sand or ashes within 48 hours of daylight after
the same shall fall or be formed thereon.
b.
No owner, tenant or occupant, or its designee, of any premises abutting
on Sand Road, Hollywood Avenue, Fairfield Road and Beverly Road shall
throw, place or deposit snow or ice into or on any street, it being
the intent and purpose of this provision to prohibit all persons from
throwing, casting, placing or depositing snow and ice which accumulates
within the private property belonging to that person on the sidewalks
or streets of the Township.
[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.
[Added 5-24-2021 by Ord.
No. 2021-07]
a.
It is the intent of this section to establish uniform procedures
to reimburse residents for damage to mailboxes due to snow-removal
operations. The Township's primary obligation is to ensure that
its roadways are as clear as possible of snow or ice. It is also understood
that most mailboxes are located within the public right-of-way, and
therefore, while fulfilling the primary objective, mailboxes may be
unintentionally and unavoidably damaged. This policy assumes there
is a shared responsibility between the Township and the homeowner
when mailboxes located in the public right-of-way are damaged during
snow-removal operations.
b.
While there is no legal requirement that the Township do so, it is
the policy of the Township of Fairfield to reimburse residents up
to $250 for eligible damage to mailboxes caused by direct plow contact
on the part of the Township of Fairfield Department of Public Works.
Nothing in this section shall be construed to entitle any resident
to reimbursement for damage caused by the weight or placement of thrown
snow, nor shall this article be construed to entitle any resident
to reimbursement prior to an investigation and determination by the
Director of the Department of Public Works that the claimed damage
is eligible for reimbursement pursuant to this section.
[Added 5-24-2021 by Ord.
No. 2021-07]
The reimbursement provisions of this section shall only apply
to those residents who satisfy the following criteria:
a.
The mailbox is securely anchored in the ground to resist the impact
of plowed snow.
b.
The damaged mailbox and/or post must meet the requirements of the
United States Postal Service, as well as all other applicable regulations
in regard to construction and location. Mailboxes that do not meet
the requirements of the United States Postal Service and/or any other
applicable regulations are not eligible for reimbursement.
c.
The damage must have been caused by direct contact with Township
plows or snow-removal equipment. The Township will not provide reimbursement
for damage to mailboxes or posts caused solely by snow thrown from
Township plows or snow-removal equipment.
d.
The resident must notify the Township within seven days of the date
the damage occurred, unless the resident was out of town, in which
case the Township must be notified of the damage within seven days
of the resident's return. Damage reported outside of this time
frame will not be eligible for reimbursement.
[Added 5-24-2021 by Ord.
No. 2021-07]
a.
Within the time period described above, a resident making a claim
for reimbursement pursuant to this section shall contact the Department
of Public Works to file the claim.
b.
After submission of the claim, the Director of the Department of
Public Works shall investigate the alleged damage to determine if
the damage was caused by the plow blade or vehicle itself, rather
than thrown snow. A written response on the findings of the investigation
will be mailed to the resident.
c.
If it is determined the mailbox was damaged by the plow blade or
vehicle, the resident will be reimbursed in an amount not to exceed
$250 for a new mailbox and/or post. If it is determined that the damage
was not caused by the plow blade or vehicle, no reimbursement will
be given. All actual repairs and/or replacements shall be the responsibility
of the resident.
