[Ord. No. 008-2020, 10-26-2020[1]]
As used in this section, the following terms shall have the
meanings indicated:
The party in interest for or by whom the excavation is made,
such as the water company for water pipes and the gas company for
gas pipes.
Any person, firm, partnership, association, corporation or
any organization of any kind performing work for the permittee.
An unforeseen need to open a street surface for the repair
of any underground utility. Notification of an emergent situation
shall be made on an individual basis to the Township Engineer or his/her
designated representative. An emergency shall not include the connection
to any underground utility such as water, sewer, electric or gas unless
said connection or hookup is necessitated as a result of a burst,
break or other serious condition to the underground utility or utility
connection so as to seriously endanger person or property.
The excavation, opening, construction or any other work performed
under a permit and required to be performed under this section.
Restoration of a utility opening beyond the standards prescribed
in this section, including complete replacement of the asphalt surface
and subsurface fill material.
Any installation or replacement of a utility main, as well
as the repair or installation of four or more laterals within one
block within the same month.
The Manual on Uniform Traffic Control Devices.
Any person who has been granted and has in full force and
effect a permit issued hereunder.
Any person, firm, partnership, association, corporation,
company, organization, or public utility of any kind.
Is applicable to street openings that are equal to or greater
than 50 linear feet.
The 2007 New Jersey Department of Transportation Standard
Specifications for Road and Bridge Construction as promulgated by
the New Jersey Department of Transportation.
Any highway, avenue, street, alley or any other public way
or public ground in the Township of Upper and under control of the
Township of Upper.
a.
Required; fee. No person shall tear up, excavate, open, or perform
work of any other nature on any street under the control of the Township
without first having obtained and being in possession of a valid permit
to do such work issued by the Township Clerk's office and paying
a fee of $5 per square yard to be opened and posting sufficient security.
b.
Expiration. Any permit issued pursuant to this section shall become
null and void unless work is commenced pursuant to the permit within
10 days of issuance of the permit, unless the applicant has sought
and received an extension from the Township Clerk's office for
commencement of the work.
c.
Recently resurfaced or repaved streets.
1.
Unless otherwise required by an emergency, the Township Clerk's
office shall not issue a permit for the opening or excavation of any
street under the control of the Township where such street has been
resurfaced or repaved within three years of the date of application
for the permit. Any such emergency must be so certified by the Township
Engineer.
2.
Notwithstanding the provisions of this section, street openings may
be permitted for utility services prior to the conclusion of the three-year
period under the following conditions:
(a)
Change of ownership of the subject property following notice
of the street paving. The change of ownership must be documented by
the applicant with proof of the ownership change through deed or comparable
evidence.
(b)
Provision of evidence that water service to the subject property
will be inadequate if it is provided by branching off of the existing
service line behind the curb. The applicant must present certification
in writing by a representative of the water utility company.
(c)
Infrared pavement restoration is required as part of the final
restoration and shall include the following conditions:
(1)
Infrared pavement restoration shall be completed in accordance with Subsection 13-1.6b7(b)(3) below.
(2)
The Township Engineer must be notified 24 hours prior to the
start of infrared pavement restoration.
(3)
The permittee shall post an additional performance bond in an amount as determined by the Township Engineer in accordance with the general requirements of § 19-8 of the Township Code.
(4)
The performance bond shall be released by resolution of the
Township Committee after an inspection report is submitted by the
Township Engineer of adequate completion of the work.
d.
Other necessary permits or licenses. In addition to obtaining a permit
from the Township as outlined above, the applicant must likewise,
where required by law, obtain all necessary permits or licenses from
the public utilities whose lines, property or equipment may be affected
by the opening, excavation or construction.
e.
Notice of commencement of work. Subsequent to acquiring the necessary
permits, the applicants must give 48 hours' notice to the Township
Engineer's office before commencement of any street opening,
excavation or construction.
All applicants for a street opening, excavation or construction
shall prepare and file with the Township Clerk an application obtained
from the Clerk's office. The application shall be accompanied
by a plan or drawing describing the portion of the street to be opened
or excavated, indicating the dimensions of the opening, the purpose
for the opening, and the expected duration of the opening or excavation.
The Township Committee or the Township Engineer may order the
measurement of any section and then demand by registered mail or direct
service an increased deposit to be made by the applicant if the original
permit is for a lesser area than that actually opened.
a.
During the period of time that the street is under construction,
excavated or opened, it shall remain, wherever safely reasonable,
open to traffic, and the applicant shall assist the Township in providing
for continuous vehicular access. In the event detouring is necessary,
it shall be coordinated with and approved by the Township Road Foreman.
b.
While under construction or excavation, the applicant shall be responsible
for providing barricades or other safety devices or warnings as reasonably
required by the Township Engineer so as to inform motorists, bicyclists,
and pedestrians of any construction or excavation. The applicant shall
also promptly notify the Road Foreman of any excavation or construction
site and provide the Road Foreman with the name, address, and phone
number where the applicant or his representative may be reached.
c.
The contractor shall be responsible for maintaining safe working
conditions at the site of construction or excavation. The provisions
of the "Construction Safety Code," as promulgated by the Commissioner
of Labor and Industry under the authority of the Construction Safety
Act, P.L. 1962, c. 45,[1] shall be adhered to. Excavated materials shall be placed
three feet back from the edge of the trench. Where conditions do not
allow for the sloping of the trench sides, the contractor shall brace
and support the trench in accordance with recognized practice.
[1]
Editor's Note: See N.J.S.A. 34:5-166 et seq.
a.
The applicant shall be responsible for the immediate refilling of
any excavation or construction site and the restoring of any street
in accordance with the following specifications.
b.
The following standards shall govern the excavation, refilling and
restoration of any street:
1.
Location of existing utilities. Prior to any excavation, the contractor
shall bear the responsibility of locating and marking, either by paint
on the pavement or placement of stakes in the ground, the location
of all water services, gas services, gas mains, water mains, sewer
mains, telephone and electric raceways or conduits, and drains within
the area to be excavated.
2.
Pavement cutting. Pavement shall be saw-cut or milled.
3.
Trench excavation.
(a)
The paved roadway surfaces shall be cut vertically on a straight
line before excavating to avoid undermining of adjacent roadway. The
trench in which any utilities and/or appurtenances are to be constructed
shall be excavated in an open cut from the surface, and in such a
manner and in such a depth and width as will give suitable room for
bracing and supporting, pumping and draining at the contractor's
discretion.
(b)
The maximum trench width at the top of the pipe shall be two
feet plus the outside diameter of the pipe. The contractor may, where
it will not interfere with the work or adjacent structures of property,
slope the sides of the excavation beyond the width specified above.
The sides of the trench may only be sloped from a point starting two
feet above the pipe.
(c)
The minimum trench width at the surface of any street or roadway
shall be two feet, in order to facilitate compaction of the subbase
and top course of asphalt and/or the finishing of concrete.
(d)
No trench shall be excavated more than 50 linear feet in advance
of pipe laying. New trenching will not be permitted when earlier trenches
need backfilling or labor is needed to restore the surfaces of the
streets to a safe and proper condition.
4.
Backfilling trenches.
(a)
In backfilling a trench, the contractor shall carefully inspect
and supervise the backfilling operation to ensure safety.
(b)
No stone larger than 1 1/2 inches in diameter, rock or
frozen earth shall be put in the excavation as backfill. Unsuitable,
noncompactable material shall not be used as backfill. Material removed
from the trench shall be considered unsuitable unless inspected by
the Township Engineer and deemed suitable. The permittee shall provide,
at his expense, suitable imported fill material to replace any unsuitable
material.
(c)
The top 12 inches of backfill shall be road gravel, Aggregate
1-5 or other material meeting that designation. Material shall be
placed in layers not more than six inches thick and compacted with
approved flat-faced mechanical tampers, or jumping jack.
(d)
All street opening restorations must be certified by the permittee,
in writing, as to adequate compaction of the fill material, prior
to placement of the asphalt or concrete surface.
(e)
As the trench is refilled, all sheeting and timbering shall
be removed in such a manner as to avoid the caving of the trench.
5.
Care of existing structures. Care shall be taken not to move, without
the consent of the Township Engineer, any sewers, drains, culverts,
poles, water or gas pipes, etc., or structures near them that may
be encountered during the construction. They shall be securely hung,
braced or supported in place by the contractor at his own expense.
All utility poles adjacent to the excavation shall be protected and
braced during construction. Whenever it is necessary to interfere
with the structures, the contractor shall maintain services at his
own expense and repair all damages. He shall leave them in as good
condition as he found them.
6.
Dewatering.
(a)
The contractor shall furnish sufficient pumping equipment at
his own expense for satisfactory drainage whenever needed in the trench
and other excavating during the progress of the work.
(b)
All water pumped and bailed from the trench or other excavation
shall be conveyed in accordance with federal and state environmental
regulations to a suitable point of discharge.
(c)
The flow in all sewers, drains and watercourses encountered
in the work site or in gutters alongside of or across the work shall
be entirely provided for, both temporarily and permanently, as required,
by the contractor and at his expense.
(d)
Hay bales or other approved method shall be placed at inlets
to prevent sand and silt infiltration.
(e)
All catch basins and inlets shall be cleaned of debris, hay
bales, sand and silt by the contractor at the completion of the job.
Maintenance of drainage shall be the responsibility of the contractor
during the course of construction. The Township shall be notified
upon completion of this cleaning for inspection purposes.
7.
Street restoration.
(a)
General conditions.
(1)
Pavement restoration shall include temporary restoration followed
by permanent restoration as described below.
(2)
For deficient surfaces, permanent restoration may be ordered
to be performed in accordance with the prescribed requirements below.
(3)
Permanent restoration is not required for openings made within
streets or alleys for which the utility company or the property owner
has received notification of the Township's intent to pave, provided
the opening is made prior to resurfacing. In such cases, temporary
restoration is still required.
(4)
The permittee is responsible for maintenance of deficient street
and alley opening restorations for a period of five years following
completion of the initial restoration.
(b)
For all street openings, the following standards shall govern
the surface restoration of any street:
(1)
Temporary surface restoration.
(i)
During the months when hot-mix bituminous concrete
is commercially unavailable, the trench or excavation surface shall
be restored using UPM brand, or approved equal, to a depth of six
inches from the surface, graded and compacted to meet existing road
grades.
(ii)
When hot-mix is available, hot-mix asphalt 19L64
base course shall be utilized for surface restoration, to a depth
of six inches from the surface, graded and compacted to meet existing
road grades.
(iii)
The permittee shall, to the satisfaction of the
Township Engineer or his/her designee, maintain the surface of the
trench until permanent restoration is made.
(2)
Permanent restoration shall meet the following requirements:
(i)
After completion of temporary restoration, the
permittee shall provide permanent restoration within four months.
(ii)
The entire area disturbed due to utility work
plus an additional 24 inches of the perimeter shall be milled to a
depth of two inches. The Township Engineer may direct additional adjacent
area to be restored including full width of the pavement based on
location/size of the trench and condition of the adjacent pavement.
(iii)
If UPM or other temporary patch was utilized
during temporary surface restoration, then hot-mix asphalt 19L64 base
course four inches thick shall be utilized for a depth of six inches
from the surface, graded and compacted.
(iv)
The prepared surface and edges shall be tack-coated
with Grade RS-1 or SS-1 applied at a rate of 0.02 to 0.10 gallon per
square yard.
(v)
A two-inch surface course of HMA surface course
9.5M64 shall be installed.
(vi)
Curbs, gutters, manholes and other structures
and exposed cut edges of existing pavements will be painted with a
thin, uniform coating of cutback asphalt.
(vii)
The permittee shall furnish all labor, materials
and equipment required to properly restore all center-line stripes,
edge-of-pavement stripes, cross stripes and lettering destroyed by
the installation. The type and application rates of the paint required
shall be as specified by the Township Engineer or his/her designee.
(3)
Infrared restoration for repair of asphalt in streets and alleys
that have been opened for utility work shall be utilized after a minimum
four-month settlement period has elapsed following initial backfill.
(i)
The following methods of construction shall apply:
[a]
After completion of permanent restoration, the
permittee shall provide infrared restoration.
[b]
The area shall be swept clean of dirt, loose aggregate,
or standing water.
[c]
A chalk line shall be drawn six to 12 inches back
from the seam of the original opening to use as a guide raking.
[d]
The infrared chamber shall be lowered over the
repair, being sure to allow at least 12 to 18 inches of heated area
beyond the perimeter of the original opening.
[e]
To ensure the proper heating time, the contractor
shall check the surface temperature of the asphalt at seven minutes
and every minute thereafter using an infrared thermometer so as not
to allow the surface temperature to exceed 350° F. This is required
since the ambient temperature, the color of the pavement, the size
of the aggregate, and the moisture content influence the heating time.
[f]
After the appropriate heating time (typically eight
to 10 minutes), the asphalt surface will be softened to a depth of
two to 2 1/2 inches.
[g]
The infrared chamber shall then be removed from
the heated area.
[h]
The backside of a steel rake shall be used to neatly
square off the repair, cutting six to 12 inches back from the original
excavation along the chalk line.
[i]
The area inside the repair shall be deeply scarified,
taking special care to eliminate the original seam between the repair
and the road.
[j]
Approximately 1/2 to one inch of existing 3/4-inch
stones shall be raked out and removed from the patch.
[k]
Maltenes rejuvenator shall be applied to the repair
and surrounding heated asphalt surface. Emulsified maltenes recycling
agent (rejuvenator) shall be applied in a ratio of 1:1 with water.
This solution shall be well dispersed with a commercial grade sprayer
at a rate of eight ounces per square yard of heated area. This application
area shall include both the area under repair as well as the area
heated and left undisturbed around the perimeter of the repair. The
application shall take place after the area has been scarified and
just prior to the addition of new asphalt. The rejuvenator replaces
the light oil component of asphalt, which has oxidized out over time.
[l]
HMA 4.5M64 surface course shall be added to the
area to bring it up to proper grade and luted smooth.
[m]
The area shall be compacted. The edges shall be
rolled first to fuse the hot repair to the heated but untouched surrounding
pavement.
[n]
A light coating of stone dust can then be spread
over the repair to remove the tackiness. The road can then be opened
to traffic.
(ii)
Equipment shall meet the following specifications:
[a]
Infrared heater. The heating chamber used shall
consume no more than 12,500 BTU per square foot of heated area. This
rate of consumption shall translate into the ability of the heater
to soften asphalt to a depth of 1 1/2 to 2 1/2 inches in
eight to 10 minutes without burning the surface.
[b]
Asphalt storage unit. A thermostatically controlled
storage unit will be utilized to ensure the sufficient hot virgin
asphalt is on hand. This unit must ensure that the temperature of
the asphalt is never in excess of 325° F.
[c]
Compactor/roller. The compaction equipment used
will generate at least 2,000 pounds of applied force per square foot.
[d]
Steel rake. A steel rake shall be used to delineate
the repair area along the chalk line and to scarify the heated area
of the patch inside the chalk line to a depth of at least two inches.
[e]
Asphalt lute. A thirty-six-inch-wide lute shall
be used to evenly distribute the added asphalt and to establish the
proper grade.
8.
Cleanup.
(a)
All areas shall be kept neat and clean during construction.
During work hours, debris in the street shall be properly barricaded.
Traffic flow and access shall be maintained in a safe and reasonable
manner in accordance with the standards set forth in the latest edition
of the M.U.T.C.D. After work hours, construction debris shall not
be left in any street or alley.
(b)
Persons performing work shall remove any and all construction-related
debris from the site of the excavation on a daily basis. All debris
removed from the excavation site shall be disposed of properly and
legally. No debris shall be left at the site. Broken pavement, large
rock and other objectionable materials, such as piping, are to be
kept segregated from the clean surplus material and trucked to the
contractor's disposal site.
(c)
No debris shall be disposed of on public or private property.
(d)
Construction equipment and construction material shall not be
parked or placed in any street overnight unless a permit has been
made part of the street opening permit.
(e)
Any damage to private property, such as, but not limited to,
fences, lawns, driveways, parking areas, curbing, landscaping and
sidewalks, shall be restored to a condition equal to or better than
the condition prior to the street opening.
(f)
All depressions, whether on public or private property, occurring
during or resulting from the street opening shall be repaired by the
permittee. The Township Engineer or his/her designated representative
shall determine the cause of any depression and notify the contractor
and/or permittee accordingly.
a.
Every application shall be accompanied by a maintenance bond in an amount as determined by the Township Engineer in accordance with the general requirements of § 19-8 of the Township Code.
b.
A public utility or construction company, in lieu of giving a separate
bond for each project, may annually once in January of each year post
a bond in an amount sufficient to encompass the estimated work performed
by the company during the ensuing calendar year. In the event that
construction, excavation or road openings exceed the posted bond amount,
additional bonds and/or cash security will be required.
c.
The purpose of depositing the maintenance bond, surety bond or cash
is to guarantee to the Township that any construction, excavation
or road opening will be performed and completed in an acceptable fashion
consistent with the provisions of this section. In the event that
the Township Engineer determines that the excavation, construction
or restoration and refilling has not been performed consistent with
the requirements of this section, he shall be entitled, after reasonable
notice to the applicant to correct such deficiencies, to take the
maintenance bond, surety bond or cash posted by the applicant and
utilize them to correct any deficiencies and have the area restored
to its proper condition.
The applicant shall fill in and resurface any excavated section
and shall maintain the same in a condition similar to the surrounding
surface area for a minimum period of five years. Upon certification
of the Township Engineer, by inspection made thereof, to the Township
Committee, the deposit shall be returned by motion of the Township
Committee. If such inspection does not show the surface to have been
substantially returned and maintained in its original condition and
level, the deposit shall be forfeited by 10 days' registered
mail or direct service notice from the Township Engineer. The Township
may use the same for the proper leveling and surfacing of the section,
returning any balance of the deposit or charging the applicant for
any excess required to place the section in proper condition. If,
during the ten-day period, the applicant corrects the condition and
so notifies the Township Engineer in writing, then the notice shall
be considered as a new application subject to reinspection and maintenance
for five years from the date of the correction notice.
a.
Every application for construction, excavation, or opening of a street
under the control of the Township shall be accompanied by a certificate
of insurance demonstrating that the applicant possesses personal injury
liability insurance and property damage liability insurance in an
amount and under the terms as recommended by the Township's risk
management consultant. The insurance shall be maintained by the applicant
during the period of construction or excavation.
b.
The applicant shall also agree, in writing, to indemnify and hold
harmless the Township, its agents, servants, and employees from any
damage or liability sustained by any person or property arising out
of the negligence of the applicant or its agents, servants and employees
during the course of any construction, excavation, restoration or
refilling of any road or street under the control of the Township.
The agreement shall require the applicant, in the event a claim is
made against the Township, its agents, servants and employees arising
out of the applicant's construction activities, to provide the
Township with a legal defense and to pay any and all attorneys'
fees or costs incurred by the Township in connection with any claims,
suit or litigation.
a.
Work shall be performed between the hours of 7:00 a.m. and 7:00 p.m.
In emergent situations, with a determination of an emergency being
in the sole discretion of the Township Engineer, these requirements
may be waived under those terms and conditions to be set by the Township
Engineer.
b.
When any work is done on a weekend by a contractor, the inspection
shall be done by the Township Engineer and must be paid for by the
applicant at those rates to be set by the Township.
c.
Emergency permit. In the event of an emergency, a permit may be issued
by any member of the Township Committee as well as the Township Engineer
and the deposit made on the next business day.
A public utility shall not directly or indirectly charge to
or claim indemnity from any other party, such as its customers, for
the application, deposit or responsibility under this section but
shall be solely responsible for the application, deposit and proper
repair and maintenance of any excavated area.
Any person injured by any official action under this section
may file an appeal with the Township Committee within 10 days from
the date of the rendering, service or mailing of the appealed ruling.
Any notice may be by ordinary mail to the address set forth in the
application, unless otherwise ordered hereunder. An appeal shall specify
the grounds for the same and the relief sought, and all records of
the Township Engineer shall be deposited with the Township Committee
not less than 10 days nor more than 20 days from the date of filing
the appeal. Ten days' notice shall be given by the Township to
all parties in interest of the date of the hearing of the appeal.
The vote of the majority of the Township Committee shall control
its action under this section.
[Ord. #12-1986, § 1]
a.
Whenever any existing sidewalk, curb or driveway, or any part or
parts thereof, shall be located in the street or sidewalk area, and
the same is in such condition that it has become dangerous to the
public or is in such condition that it should be replaced, reconstructed
or repaired, the Construction Official is authorized to give notice
to the property owner to replace, repair or reconstruct the same within
30 days from the service of such notice.
b.
Whenever any lot, tract or parcel of land is located in an area where
public convenience and necessity require the construction of a curb
or sidewalk, or both, the Construction Official is hereby authorized
and empowered to give notice to the property owner to cause the same
to be constructed within 30 days from the service of the notice.
Such areas are intended to mean those where the general public
would be likely to pass or re-pass with reasonable frequency; those
located where the lands abutting having improvements erected thereon,
and lands located in a vicinity which has been developed by the construction
of improvement on other lands. Nothing contained herein shall be construed,
however, as requiring a property owner to construct a curb or sidewalk
where the same are not required in the zone wherein the property is
located or where neighboring or adjoining properties do not have curbs
or sidewalks or both.
c.
Whenever a notice is required by this section to be given by the
Construction Official, such notice shall be in writing. Service of
the notice shall be by personal service upon the owner if the owner
resides within the Township, or by service at the owner's place of
abode upon any member of the owner's family who has attained 15 years
of age. Service upon an owner who cannot be served as above set forth,
shall be deemed sufficient if mailed, by registered mail or by certified
mail, with postage prepaid, to the owner by name and at the address
as disclosed by the tax records according to the latest official records
of the Tax Collector.
[Ord. #12-1986, § 2]
Whenever the owner or owners of real estate receiving a notice to replace, repair or reconstruct an existing sidewalk, curb or driveway in accordance with subsection 13-2.1, shall fail to comply and shall fail to make the necessary repairs within the thirty-day period, then, the Township may award a contract for the making of such improvement and shall notify the owner or owners of the real estate that the Township will make the improvement at the expense of the owners. The cost of such repair or improvement shall, thereafter, be assessed against the owner or owners in the manner prescribed by law.
[Ord. #12-1986, § 3]
Whenever directed to act by the Township Committee in specific
instances, the Construction Official shall utilize the provisions
of N.J.S.A. 40:65-1, et seq. by giving notice to the owner that unless
the owner completes the work within 30 days after service of the notice,
the Township will make the improvements at the sole expense of the
owner.
The cost of the work shall be assessed against the lands of
the owner in the manner prescribed by law. All applicable provisions
of N.J.S.A. 40:65-1, et seq. shall be followed.
[Ord. #12-1986, § 4]
Whenever any existing sidewalk, curb or driveway is in need
of replacement, repair or reconstruction, all such work shall be constructed
to the strict line and grade as established by the Township Engineer
and shall make use of the materials herein specified:
a.
Concrete Curbs. Concrete curbs shall be 16 inches in depth, having
a top width of six inches and a bottom width of eight inches. The
top and face shall be troweled to produce a smooth finish. The face
shall be troweled to a depth of nine inches. Mechanical vibration
of the concrete will be permitted to produce a smooth curb face. Where
vibrating produces the desired uniform, smooth surface, troweling
will not be required.
Expansion joints shall be provided at twenty-foot intervals
along the curb and shall consist of 1/2 inch pre-molded, compressible
material.
b.
Concrete Sidewalks. Concrete sidewalks shall be four inches in depth,
having a width of four or five feet, which shall be determined by
the width of existing sidewalks on any particular street. The sidewalk
shall be finished with a wooden float to provide a uniform surface.
Grooves shall be formed at intervals, equal to the width of
the sidewalk and expansion joints provided at twenty-foot intervals
and shall consist of 1/2 inch, pre-molded, compressible material.
Sidewalks shall be located within the sidewalk area in accordance
with the established practice on any particular street and shall slope
upward from the established curb grade toward the property line at
the rate of 1/4 inch per foot.
[Ord. #12-1986, § 5]
The Construction Official is hereby empowered to enforce this
section and the several provisions thereof. The Construction Official
is hereby further empowered to enforce the discretionary powers which
are considered necessary in order to make the provisions hereof properly
effective. In the event of an injustice, the possible abuse of discretion
and to correct the possibility of error in judgment, any owner who
receives a notice from the Construction Official has the right to
appeal to the Township Committee by filing a notice of appeal with
the Township Clerk within the thirty-day period heretofore mentioned.
Upon receipt of any such notice of appeal, the Township Committee
will hear the appeal at its next regular meeting, at which time the
owner and any other persons appearing in the matter will be heard
or afforded the opportunity to be heard. The Township Committee will
consider the matter, reach a decision and notify the owner thereof.
[Ord. No. 009-2018 § 2]
a.
For the purposes of this section, the following terms, phrases, words,
and their derivatives shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include
the future, words in the plural include the singular, and words in
the singular include the plural. Any term not defined in this section
shall have the meaning ascribed to it in the New Jersey Municipal
Land Use Law, 40:55D-1, et seq., unless the context clearly requires
otherwise. In the event that a term is not defined by this subsection,
said term shall have its common and/ordinary meaning.
b.
CARRIER
CONDUIT
COUNTY
FACILITY OR FACILITIES
GOVERNING BODY
MUNICIPALITY
PERMITTEE
PERSONAL WIRELESS SERVICE FACILITIES
PERSONAL WIRELESS SERVICES
PUBLIC RIGHT-OF-WAY
STEALTH STRUCTURE
STREET
TOWNSHIP
TOWNSHIP ENGINEER
UTILITY POLE
ZONING OFFICER
ZONING PERMIT
Definitions:
Means any firm, partnership, association, corporation, limited
liability company, or any other legally recognized organization, licensed
by the Federal Communications Commission to provide Personal Wireless
Services or authorized by the New Jersey Board of Public utilities
to provide telecommunications services in the State of New Jersey.
Means a casing or encasement for wires or cables.
Means the County of Cape May, State of New Jersey.
Means all structures, devices, and materials, including but
not limited to: antennas, radios and radio cabinets, electrical wires
and cables, fiber optic cables, communications and video cables and
wires, poles, conduits, pads, backup power supply and other components
of Personal Wireless Service Facilities, and appurtenances thereto,
located in the public rights-of-way. Each pole mounting set up shall
be a separate Facility for regulatory purposes, applications, and
fees.
Means the Township Committee of the Township of Upper, County
of Cape May, State of New Jersey.
Means the Township of Upper, County of Cape May, State of
New Jersey.
Means the carrier to which a permit has been issued pursuant
this section and Master License Agreement for Use of Public Rights-of-Way.
Means equipment at a fixed location that enables Personal
Wireless Service between user equipment and a communications network,
including but not limited to: (a) equipment associated with Personal
Wireless Services such as private, broadcast and public safety services,
as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul; and (b) Tower, radio transceivers, antennas,
coaxial or fiber-optic cable, regular and backup power supplies and
comparable equipment, regardless of technological configuration.
Means any technologies defined in 47 U.S.C. 332(c)(7) including
commercial mobile services, unlicensed wireless services, and common
carrier wireless exchange access services, provided to personal mobile
communication devices through wireless Facilities or any fixed mobile
wireless services provided using personal wireless Facilities.
Means the surface, the air space above the surface, and the
area below the surface of any street, road, highway, lane, alley,
boulevard, or drive, including the sidewalk, shoulder and area for
utilities owned by the Township of Upper or within an easement to
the public or other easement owned by the Township of Upper.
Means a new structure for the mounting of Facilities, such
as a light pole with integrated antenna, with aesthetics found to
be reasonably acceptable to the Township Engineer.
Means any street, avenue, boulevard, road, parkway, viaduct,
drive or other way as defined in the Municipal Land Use Law, 40:55D-7.
Means the Township of Upper, County of Cape May, State of
New Jersey.
Means, where applicable, the Administrative Officer as defined
in N.J.S.A. 40:55D-3 and the duly appointed Township Engineer of the
Township.
A tall wooden pole that is used to support telephone wires,
electrical wires, etc.
Means, where applicable, the Administrative Officer as defined
in N.J.S.A. 40:55D-3 and the duly appointed Zoning Officer of the
Township.
Means the document signed by the Zoning Officer pursuant
to N.J.S.A. 40:55D-18 that is required as a condition precedent to
the installation of an individual Facility and which acknowledges
that the Facility complies with the provisions of this Ordinance,
or approved deviation therefrom.
[Ord. No. 009-2018 § 3]
a.
Purpose. The purpose and intent of this section is for the Township
to exercise its lawful authority to grant consent to the limited use
of the public rights-of-way and to allow the attachment of Facilities
only to existing wooden utility poles located therein pursuant to
N.J.S.A. 48-19, subject to certain conditions as stated herein, in
order to allow the prompt deployment of Facilities while also effectively
managing the public rights-of-way and protecting the aesthetic and
safety interests of the public.
b.
Facilities Subject to This Section. This section applies to all facilities,
as herein defined, within the public rights-of-way, except as otherwise
provided in any existing franchise, license or similar agreement.
The deployment of facilities on private property and public property
outside of the public rights-of-way shall not be controlled by this
section or the Master License Agreement, but by the Township Zoning
Ordinance, Site Plan Ordinance and the New Jersey Municipal Land Use
Law. In no event shall this section apply to the Township or facilities
owned or operated by the Township.
c.
Master License Agreement Required. Every Carrier seeking to install
facilities in the public rights-of-way, excluding those holding a
franchise, license or similar agreement with the Township, shall first
enter into the Master License Agreement substantially complying with
the requirements of this section and apply for and obtain a Zoning
Permit as provided herein. The execution of the Master License Agreement
by the Carrier and the Township shall grant the Township's consent
to the Carrier to utilize the public rights-of-way pursuant to N.J.S.A.
48-19 and N.J.S.A. 27:16-6 and shall control the installation, maintenance,
and removal of the facilities.
d.
Duration of Consent and Removal. The non-exclusive consent granted
to the Carrier shall expire in 25 years unless earlier terminated.
Carrier may cancel this Agreement upon 60 days' prior written notice
to the Township. Upon expiration of such consent, or at such earlier
date that the Carrier ceases to operate its facilities for a period
of 90 consecutive days, the Carrier shall remove its facilities and
restore the right-of-way at its sole cost and expense.
[Ord. No. 009-2018 § 4]
a.
Permit Required. No Carrier, without first filing an application
and obtaining a Zoning Permit from the Township Zoning Officer pursuant
to N.J.S.A. 40:55D-18, shall construct any Facility within any public
right-of-way.
b.
Application Requirements. The application shall contain, at a minimum,
the following:
1.
The Carrier's name and address and telephone number of the contact
person for such Carrier;
2.
The applicant's name and address, if different than the Carrier,
and telephone number of the contact person for such applicant;
3.
The names, addresses, telephone number of the professional consultants,
if any, advising the applicant with respect to the application;
4.
A brief description of the proposed work;
5.
A plan with specifications of the Facility showing the work proposed,
including sufficient information regarding the components of the Facility,
including their types and quantities;
6.
Any request for a deviation from one or more provisions of this section,
and
7.
Such additional information as may be reasonably required by the
Township Zoning Officer.
c.
Application Fees. All applications for Zoning Permits pursuant to
this section shall be accompanied by a fee of $200 for each independent
facility as compensation to the Township for expenses incurred in
processing the application as permitted by N.J.S.A. 54:30A-124.
[Ord. No. 009-2018 § 5]
a.
Installation of Facilities. It shall be lawful for wireless communication
carriers to install facilities in the public rights-of-way on existing
or replacement wooden poles only, shall comply with all requirements
of this section and the terms and condition of the Master License
Agreement. All applicants shall obtain any and all approvals necessary
from the owner and/or operator of the wooden utility poles to be used;
b.
Other Approvals. All applicants shall obtain any and all approvals
necessary from any other governmental agency in addition to the owner
and/or operator of the wooden utility poles to be used;
c.
Height. No antenna or attachment to an existing wooden utility pole
shall exceed the height of that pole by more than six feet;
d.
New Poles. No new poles shall be erected for the purpose of placing
Facilities regulated herein. The setting of utility poles is regulated
by the New Jersey Board of Public Utilities ("BPU), the Township authorizes
only the utility company to set utility poles in the public rights-of-way
in their normal course as they deem appropriate and/or necessary subject
to BPU regulation.
e.
Pole-Mounted Equipment. Equipment shall be pole mounted at a minimum
of eight feet from the ground and/or shall conform to all Flood Prevention
Ordinance requirements of the Township including but not limited to
base flood plus elevations required, whichever is higher in height
and shall be limited to one antenna and one cabinet or other mounted
device at each site per carrier. A single antenna shall not exceed
a height of four feet and two feet in width or two antennas each of
a maximum dimension of a height of two feet and width of one foot.
The cabinet or other mounted device may project beyond the side of
the pole no more than 30 inches.
f.
Ground-Mounted Equipment. No ground-mounted equipment is permitted
on or around any pole;
g.
Color and Conduit. All antennas, conduit and equipment shall be a
color that blends with the wooden utility pole on which it is mounted.
Any cables or wiring attached to the utility pole shall be covered
with an appropriate conduit;
h.
Construction Permits. Subsequent to the issuance of the Zoning Permit,
the permittee shall obtain any necessary permits required pursuant
to the current Uniform Construction Code adopted in New Jersey prior
to installation;
i.
Underground Work. All underground work shall follow standard road
opening permit requirements; and
j.
Co-locate. All carriers shall co-locate and cooperate with each other
to minimize the impact and number of facilities on and in the public
rights-of-way.
k.
Nearby Facilities. No Facility shall be installed within 300 feet
of an existing Facility.
l.
Aesthetics. The Zoning Officer shall determine if the aesthetics
of the proposed Facility are reasonably acceptable in accordance with
the visual standards of the area. If the Zoning Officer and the Carrier
cannot agree then the Carrier may appeal to the Township Committee
to determine if the proposed facilities are reasonably acceptable
in accordance with the visual standards in the area.
m.
Replacement Poles. No existing pole shall be replaced with a new
pole that is more than 35 feet above grade level unless the existing
pole being replaced was taller than 35 feet in which case the replacement
pole shall be no taller than the existing pole.
[Ord. No. 009-2018 § 6]
The Zoning Officer shall approve or reject the permit application
within 30 days, unless the Zoning Officer determines that the permit
application is incomplete and insufficient for him or her to either
approve or reject, in which case the Zoning Officer shall inform the
applicant in writing what information is missing. If the application
does not conform to the requirements of this section and no request
for a deviation is made with the application, the Zoning Officer shall
reject such application in writing, stating the reasons therein. If
the Zoning Officer is satisfied that the application conforms to the
requirements of this section, the Zoning Officer shall issue a permit
therefor within 60 days.
[Ord. No. 009-2018 § 7]
A Zoning Permit from the Zoning Officer shall confirm compliance
with this section and shall authorize the permittee to apply for construction
permits to undertake the work set forth in the plans filed with the
permit application. The permit shall not grant authority to the permittee
to impinge upon the rights of others who may also have an interest
in the public rights-of-way.
[Ord. No. 009-2018 § 8]
a.
Request for Deviations. A Carrier proposing to deviate from one or
more of the provisions of this section shall do so in writing to the
Township Engineer as part of the permit application. The request shall
identify each provision of this section from which a deviation is
requested and the reasons why a deviation should be granted.
b.
Authority to Grant Deviations. The Township Engineer shall have no authority to grant a deviation from any conditions of subsection 13-3.4 "Conditions and Requirements". The Township Engineer shall decide for all other requests whether a deviation is authorized by this section and the Carrier requesting the deviation has demonstrated that:
1.
One or more conditions not under the control of the Carrier (such
as terrain features or an irregular public rights-of-way line or condition)
create a special hardship that would make enforcement of the provision
unreasonable, given the public purposes to be achieved by the provision;
and
2.
All other designs, methods, materials, locations or facilities that
would conform to the provision from which a deviation is requested
are impracticable in relation to the requested approach.
c.
Additional Conditions for Granting of a Deviation. As a condition
for authorizing a deviation, the Township Engineer may require the
Carrier requesting the deviation to meet reasonable standards and
conditions that may or may not be expressly contained within this
section but which carry out its purposes.
d.
Material Deviations. In the event the actual size, type, material,
or location of any facilities installed in the public rights-of-way
deviate in a materially significant way from that which was shown
on the plans submitted with the Zoning Permit application, the permittee
shall file new plans with the Township Engineer within 30 days of
request or be subject to a stop work order, an order of removal, or
a requirement to apply to the Governing Body for relief.
e.
Appeal to Township Committee. If the Township Engineer determines that the deviation requested (or existing) is a major deviation and/or that practical hardship has not been properly demonstrated, or is a deviation from subsection 13-3.4, the Carrier may appeal this decision to the Township Committee.
f.
Review Fees. Any reasonable professional fees incurred by the Township
in its review of a request for a deviation or as a result of the installation
of a facility in violation of this section, and for which no approval
is granted, shall be paid to the Township within 30 days and prior
to the issuance of the Zoning Permit as permitted by N.J.S.A. 54:30A-124.
An escrow of $2,500 shall be submitted with the request for deviation
to the Construction Office to cover such fees and be replenished as
deemed appropriate by the Zoning Officer.
[Ord. No. 009-2018 § 9]
a.
Required Coverage and Limits. Each Carrier constructing a Facility
in the public rights-of-way shall secure and maintain commercial general
liability insurance with limits $6,000,000 per occurrence for bodily
injury (including death) and for damage or destruction to property
insuring the Carrier as named insured and including the Township as
an additional insured as their interest may appear under this agreement
on the policies. Required limits may be provided through a combination
of primary and excess/umbrella liability insurance.
b.
Copies Required. The Carrier shall provide copy of certificates of
insurance reflecting the requirements of this section to the Township
within 10 days following zoning approval and prior to obtaining a
construction permit pursuant to this section.
c.
Self-Insurance. A Carrier may self-insure all or a portion of the
insurance coverage and limit requirements required by paragraph a
of this subsection. A Carrier that self-insures is not required, to
the extent of such self-insurance, to comply with the requirement
for the naming of additional insured under paragraph a or the requirements
of paragraph b of this subsection. A Carrier that elects to self-insure
shall provide to the Township evidence sufficient to demonstrate its
financial ability to self-insure the insurance coverage and limit
required under paragraph a of this subsection. Proof of such financial
ability to self-insure shall be provided to the Township within 10
days following the effective date of the Master License Agreement
and prior to obtaining a permit pursuant to this section.
d.
Effect of Insurance and Self-Insurance on Carrier's Liability. The
legal liability of the Carrier to the Township and any person for
any of the matters that are the subject of the insurance policies
or self-insurance required by this subsection shall not be limited
by such insurance policies or self-insurance or by the recovery of
any amounts thereunder, however neither the Township nor the carrier
shall be liable to the other for consequential, incidental, exemplary
or punitive damages on account of any activity pursuant to this section.
[Ord. No. 009-2018 § 10]
Prior to constructing a Facility in the public rights-of-way,
and as a precondition to the issuance of a permit pursuant to this
section, the Carrier shall execute the Master License Agreement, agreeing,
among other things, to indemnify and hold harmless the Township against
any claim of liability or loss from personal injury or property damage
resulting from or arising out of the negligence or willful misconduct
of the Carrier, its employees, contractors or agents, except to the
extent such claims or damage may be due to or caused by the negligence
or willful misconduct of the Township, or its employees, contractors
or agents. The Township will provide the Carrier with prompt, written
notice of any claim covered by this indemnification; provided that
any failure of the Township to provide any such notice, or to provide
it promptly, shall not relieve the Carrier from its indemnification
obligation in respect of such claim, expect to the extent the Carrier
can establish actual prejudice and direct damages as a result thereof.
The Township shall cooperate with the Carrier in connection with the
Carrier's defense of such claim. The Carrier shall defend the Township,
at the Township's request, against any claim with counsel of the Township's
choosing that is reasonably satisfactory to the Carrier.
[Ord. No. 009-2018 § 11]
a.
Right to Revoke Permit. The Zoning Officer may revoke or suspend
a permit issued pursuant to this section for one or more of the following
reasons:
1.
Materially false or incomplete statements in the permit application,
2.
Non-compliance with one or more provisions this section for which
a deviation has not been allowed,
3.
The permittee's facilities within the public rights-of-way presents
a direct or imminent threat to the public health, safety, or welfare,
4.
Permittee's failure to construct the Facilities substantially in
accordance with the permit and approved plans, or
5.
Violation of the terms and conditions of the Master License Agreement.
b.
Notice of Revocation or Suspension. The Zoning Officer shall send
written notice of its intent to revoke or suspend a permit issued
pursuant to this section stating the reason or reasons for the revocation
or suspension and the alternatives available to permittee under this
section.
c.
Permittee Alternatives Upon Receipt of Notice of Revocation or Suspension.
Upon receipt of a written notice of revocation or suspension from
the Zoning Officer, the permittee shall have the following options:
1.
Immediately provide the Township with evidence that no cause exists
for the revocation or suspension;
2.
Immediately correct, to the satisfaction of the Zoning Officer, the
deficiencies stated in the written notice, providing written proof
of such correction to the Zoning Officer within 10 business days after
the receipt of the written notice of revocation, or
3.
Within 10 days remove the facilities located within the public rights-of-way
and restore the public rights-of-way to the satisfaction of the Zoning
Officer providing written proof of such removal to the Zoning Officer
within 10 business days after receipt of the written notice of revocation.
The Zoning Officer may, in his or her discretion, extend the time
periods provided in this subsection. To be effective extensions must
be in writing.
[Ord. No. 009-2018 § 12]
Notification of Change. A Carrier shall notify the Township
no less than 30 days following the transfer of ownership of any facility
in the public rights-of-way or change in identity of the Carrier.
The rights and obligations given to the Carrier pursuant to the Master
License and Zoning Permit shall be binding on and benefit the new
owner of the Carrier or the facility, its successors and assigns,
who shall have all the obligations and privileges enjoyed by the former
owner under the Master License Agreement, Zoning Permit, and all applicable
laws, ordinances, rules and regulations, including this section, with
respect to the work and facilities in the public rights-of-way.
[Ord. No. 009-2018 § 13]
a.
Warning Signs, Protective Devices, and Flaggers. The Carrier is responsible
for providing and installing warning signs, protective devices and
flaggers, when necessary for protection of the public and the Carrier's
workers when performing work on the public rights-of-way.
b.
Interference with Traffic. All work shall be phased so that there
is minimum interference with pedestrian and vehicular traffic.
c.
Compliance. The Carrier shall take immediate action to correct any
deficiencies in traffic protection requirements that are brought to
the Carrier's attention by the Zoning Officer, Township Engineer,
Local Fire District and the State Police.
[Ord. No. 009-2018 § 14]
a.
Notice. Within 30 days following written notice from the Township,
any Carrier with facilities in the public rights-of-way shall, at
its own expense, temporarily or permanently remove, relocate, change
or alter the position of any facilities whenever the Township determines
that (a) such removal, relocation, change or alteration, is reasonably
necessary for the construction, repair, maintenance, or installation
of any Township improvement in or upon the public rights-of-way; or
(b) because the equipment is interfering with or adversely affecting
proper operation of the light or other poles; or (c) the widening
of the public rights-of-way. In such instance, the Township shall
cooperate with Carrier to find a replacement location for the facility
that will provide similar radio frequency coverage to the facility
removed or relocated.
b.
Removal of Unauthorized Facilities. Within 30 days following written
notice from the Zoning Officer to any Carrier that owns, controls,
or maintains any unauthorized facility or related appurtenances within
any public rights-of-way shall, at its own expense, remove all or
any part of such facilities or appurtenances. A facility is unauthorized
and subject to removal, but not limited to, in the following circumstances:
1.
Upon expiration or termination of the permittee's license, unless
otherwise permitted by applicable law,
2.
If the Facility was constructed without the prior grant of a Zoning
Permit,
3.
If the Facility was constructed without prior issuance of a required
construction permit,
4.
If the Facility was constructed at a location not permitted by the
permittee's permit, or
5.
Upon Abandonment of the Facility. Abandonment will be presumed where
a Facility has not been used for the purpose for which it was installed
for a period of 90 consecutive days, or more, and where there have
been no efforts to repair or renew the use during the ninety-day period.
The Carrier owning, controlling or maintaining the facility shall
have the burden of establishing to the Zoning Officer that the facility
is still being used within 30 days of the notice. All notices described
herein shall be in writing and sent by recognized national overnight
courier (e.g., U.S. Postal, Federal Express or UPS) for which proof
of delivery is supplied. Failure to respond to the Zoning Officer's
request for information regarding the abandonment of the facility
shall constitute a presumption of abandonment. Upon the Zoning Officer's
determination and final written notification to the Carrier of such
abandonment the Carrier shall have 60 days within which to:
(a)
Reactivate the use of the facility or transfer the facility
to another entity which makes actual use of the facility promptly,
or
(b)
Dismantle and remove the facility and notify the Zoning Officer
in writing of the completion of such removal.
If the entity believes that the determination of abandonment
by the Zoning Officer is incorrect it may file a written appeal with
the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70a. If
the entity fails to prevail on appeal, or fails to reactivate, or
transfer to another active user or remove the service facility the
Township shall have the right to have the facilities removed at the
Carrier's sole expense. The Township shall be entitled to reimbursement
for all costs and expenses associated with the removal of any facility
thereafter.
[Ord. No. 009-2018 § 15]
Upon completion of all construction or maintenance of Facilities,
the Carrier shall remove all debris and restore the right-of-way to
a clean and safe condition in a timely manner and to the satisfaction
of the Zoning Officer.
[Ord. No. 009-2018 § 16]
a.
General. Facilities within public rights-of-way shall be maintained
by or for the Carrier at the Carrier's sole expense. Carrier shall
not damage the Public Right-of-Way and shall keep the Public Right-of-Way
free of all debris. If any portion of the Public Right-of-Way suffers
damage by reason of access by Carrier, then in that event, Carrier,
at its sole cost and expense, shall immediately repair all such damage
or replace the damaged portion of the Public Right-of-Way and restore
the damaged portion of the property to its condition prior to the
occurrence of such damage.
b.
Emergency Maintenance Procedures. The non-compliance with normal
procedures for securing a required permit shall be excused when a
Carrier reasonably determines that an emergency exists.
1.
If an emergency creates a hazard on the traveled portion of the public
rights-of-way, the Carrier shall take immediate steps to provide all
necessary protection for traffic on the roadway including the use
of signs, lights, barricades or flaggers.
2.
In an emergency, the Carrier shall, as soon as practical, notify
the Zoning Officer or his or her duly authorized agent and the State
Police of the emergency, informing him or her as to what steps have
been taken for protection of the traveling public and what will be
required to make the necessary repairs. On nights and weekends, the
Carrier shall notify the State Police of an emergency if the Zoning
Officer is unavailable. If the nature of the emergency is such as
to interfere with the free movement of traffic, the State Police shall
be notified immediately. To the extent that the Township has actual
knowledge of the displacement or damage to any facility, it shall
inform Carrier upon learning of the same.
[Ord. No. 009-2018 § 17]
Nothing in this section shall be construed as limiting any additional
or further remedies that the Township may have for enforcement of
this section or the right of a Carrier to appeal any decision to the
state courts of New Jersey or the United States District Court for
the District of New Jersey.
[Ord. No. 009-2020, 10-26-2020]
a.
Perpetual consent and permission is given to Ocean Wind, its successors and assigns, without charge therefor (except that fees for road opening permits shall be paid in accordance with Subsection 13-1.2), as the same may be required in order to permit Ocean Wind to place, replace, construct, reconstruct, install, reinstall, add to, extend, use, operate, inspect and maintain said electrical cable systems and conduit in the public property described herein. This shall include permission to lay said electrical cable systems and conduit beneath the public roads, streets and public property. The public property shall include all roads, streets and public places. The privilege granted herein shall include the construction, installation and maintenance of electrical cable systems and conduit, concrete encasements, all equipment and apparatus required to energize and operate the cable systems and conduit, and all appurtenances thereto on, in, below and along the roads of the Township as well as streets, parks and public places at all locations within the Township.
c.
The consent granted herein shall be subject to Ocean Wind complying
with all applicable laws of the Township and/or the State of New Jersey,
including, but not limited to, any and all statutes and administrative
agency rules and/or regulations.
d.
The Mayor and the Clerk of the Township are authorized to execute
the documents and agreements necessary to effectuate this municipal
consent and to protect the rights of the public involved.
e.
Each section, subsection, sentence, clause and the phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase; and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this section.
f.
All ordinances or parts of ordinances inconsistent with this section
are hereby repealed to the extent of such inconsistency.
[1]
Editor's Note: Former § 13-4, Sanitary Landfill,
containing portions of Ord. No. 6-1978, was repealed by Ord. No. 4-1995.
[1]
Editor's Note: Former Section 13-6, Mandatory Recycling Program,
previously codified herein and containing portions of Ordinance Nos.
15-1988 and 1-1990, was repealed in its entirety by Ordinance No.
4-1995.
[1]
Editor's Note: Former Section 13-8, Disposal of Grass, Leaves
and Other Vegetation, previously codified herein and containing portions
of Ordinance No. 7-1979, was repealed in its entirety by Ordinance
No. 4-1995.
[Ord. #10-1983, § 1]
Pursuant to the authority contained in N.J.S.A. 40:48-2.26,
et seq., it is hereby declared to be illegal for the owner or tenant
of any lands lying within the Township to permit brush, hedges, trees,
or other plant life to grow to a height greater than 2 1/2 feet
within 10 feet of any street or roadway and within 25 feet of the
intersection of any two or more streets or roadways.
[Ord. #10-1983, § 2]
The Zoning Officer is hereby designated as the enforcing officer
to direct and supervise the cutting of any such brush, hedges, trees
or other plant life in any case where the owner or tenant shall have
refused or neglected to cut the same to a maximum height of 2 1/2
feet upon notice as provided herein.
[Ord. #10-1983, § 3]
A notice to cut such brush, hedges, trees or other plant life
to a maximum height of 2 1/2 feet shall be served either personally
or by certified mail upon the owner or tenant, such notice may be
signed by the Zoning Officer or by the Township Clerk, and in either
case, such notice shall give the owner or tenant a maximum period
of 10 days to correct the violation.
[Ord. #10-1983, § 4]
In the event that the owner or tenant fails or refuses to correct
the violation within the ten-day period, the required cutting shall
be performed by the Township under the direction of the Superintendent
of Public Works or the Road Foreman and in such case, a record of
the time and expense involved in the cutting shall be filed with the
Township Clerk and the Township Clerk shall then certify the costs
thereof to the Township Committee, which shall examine the Township
Clerk's certificate and, if found correct, shall cause the costs as
shown thereon to be charged against the land, or in the event that
such cost is excessive to cause the reasonable cost thereof to be
charged against the land. The amount so charged shall forthwith become
a lien upon such land and shall be added to and become and form part
of the taxes next to be assessed and levied upon such land, the same
to bear interest at the same rate as other taxes and shall be collected
and enforced by the same officers and in the same manner as taxes,
and such charge shall be in addition to any fine or penalties imposed
under this section.
[Ord. #10-1983, § 5]
Nothing contained in the preceding subsection shall be construed
as limiting or prohibiting the Township from bringing an action at
law to recover the costs of such cutting when carried out by the Township
whenever such action at law is authorized by State statute.
[Ord. #12-1992, § 1]
Unless the context clearly indicates otherwise, the following
terms shall have the following meanings:
Shall mean all costs associated with the discharge, incurred
by the Township or any agency or other instrumentality thereof, or
a duly incorporated volunteer fire, ambulance, first aid, emergency
or rescue company or squad in the "(1) removal or attempted removal
of hazardous substances, or (2) taking of reasonable measures to prevent
or mitigate damage to the public health, safety or welfare, including,
but not limited to, public and private property, shorelines, beaches,
surface waters, water columns and bottom sediments, soils and other
affected property, including wildlife and other natural resources."
Shall mean any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of hazardous substances into the waters or onto
the lands within this municipality or into waters outside the jurisdiction
of this municipality when damage may result to the lands, waters or
natural resources within the territorial limits of this municipality.
Shall mean those activities conducted by the Township or
any agency or other instrumentality thereof or a duly incorporated
volunteer, ambulance, first aid, emergency or rescue company or squad
to clean-up, remove, prevent, contain, or mitigate a discharge that
poses an immediate threat to the environment or to the public health,
safety or welfare.
Shall mean the "environmental hazardous substances" on the
Environmental Hazardous Substance list adopted by the Department of
Environmental Protection pursuant to section 4 of P.L. 1983, c. 315
(C. 34:5A-4); such elements and compounds, including petroleum products,
which are defined as such by the Department of Environmental Protection,
after public hearing, and which shall be consistent to the maximum
extent possible with, and which shall include, the list of hazardous
substances adopted by the Federal Environmental Protection Agency
pursuant to section 311 of the Federal Water Pollution Control Act
Amendments of 1972, Pub.L. 92-500, as amended by the Clean Water Act
of 1977, Pub.L. 95-217 (33 U.S.C. Sect. 1251, et seq.); the list of
toxic pollutants designated by Congress or the EPA pursuant to section
307 of that act; and the list of hazardous substances adopted by the
Federal Environmental Protection Agency pursuant to section 101 of
the "Comprehensive Environmental Response, Compensation and Liability
Act of 1980," Pub.L. 96-510 (42 U.S.C. Sect. 9601, et seq.
[Ord. #12-1992, § 1]
The Township or any agency or other instrumentality thereof,
or a duly incorporated volunteer fire, ambulance, first aid, emergency
or rescue company or squad is hereby authorized to file a claim with
the Administrator of the New Jersey Spill Compensation Fund and/or
file suit in the Superior Court of New Jersey or other court of competent
jurisdiction to recover clean-up, removal and related costs incurred
as a result of an emergency response action, including costs related
to the prevention, containment or mitigation of a discharge.
