[Ord. No. 68-10]
No person shall remove, dig into, disturb, excavate or take
up, or cause or procure to be removed, disturbed, excavated or dug
up the surface of any public street, lane, alley, court, sidewalk
or other public place or any pavement therein which is under the control
of the Township without first having obtained and being in possession
of a valid, written permit. It shall be the duty of the director of
public property to grant such a permit when all requirements for granting
the same have been complied with by the applicant, and any such permit
may be revoked by the director of public property at any subsequent
time if the applicant does not continue to comply with the requirements
of this section. At the discretion of the director of public property,
the separate permit required for each opening may be waived in the
case of a public utility making numerous openings and shall not be
required for the installation of utility poles or guy wires. The application
and the issuance of the permit shall be in the name of the party actually
doing the work, except in the case of public utilities who have posted
bond with the Township.
All applicants for permits shall give at least 48 hours notice
in writing to the director of public property specifying the place,
kind and approximate size of the excavation or work, and the time
required to do the work, except in cases of emergency such as the
breaking of a public utility, in which case such notice shall be given
to the director as soon as possible.
The applicant in accepting a permit under this chapter, shall
be deemed to have agreed to indemnify, defend and save harmless the
Township from and against all loss, cost or damages incurred by reason
of any damage to any property, injury to any person, or any loss of
life resulting from any negligence of the applicant, its agents or
servants in performing the work covered by the permit, and the Township
in issuing the permit thereby discounts any liability in connection
therewith. The Township inspection is solely for the purpose of insuring
that the existing facilities are restored, so that the Township will
not have the financial responsibility of replacing the facilities.
a.
Before any permit is granted, the applicant shall make a payment
to the director of public property in the sum of three ($3. 00) dollars
for each and every proposed opening. This payment is a fee to cover
the nominal cost of issuing the permit and is not returnable to the
applicant.
b.
In addition to the above fee, the applicant shall also be required
to deposit with the director of public property amounts in accordance
with the following schedule .
1.
For each and every proposed opening the sum of $25 to guarantee reimbursement
to the Township the actual cost of required inspection. The balance
of the $25, less the actual inspection cost, will be refunded to the
applicant on completion of the project to the satisfaction of the
director of public property.
[Amended 10-15-2019 by Ord. No. 2019-22]
2.
For proposed openings to be made in flexible-base pavement, the sum
of $25 for each square yard of pavement to be disturbed, up to a total
of five square yards .
3.
For proposed openings to be made in rigid-base pavements, the sum
of $35 for each square yard of pavement to be disturbed, up to a total
of five square yards.
4.
For any proposed opening to be made in any paved area, a minimum
deposit of $75 shall be required.
5.
For any proposed opening disturbing more than five square yards of
pavement, the deposit shall be such sum as the director of public
property shall deem to be reasonable under the circumstances.
c.
The above deposits shall be required to insure compliance with the
regulations contained in this chapter, and shall be returned to the
applicant, less any extraordinary Township expenses in connection
therewith, after he has restored the pavements removed or damaged
by the excavation in accordance with all the regulations contained
therein.
d.
Payments and deposits shall be made to the director of public property
in cash or by certified chock made payable to the treasurer of the
Township of Scotch Plains, New Jersey.
e.
Public utilities that have posted bond with the Township shall be
exempted from the deposit provisions of Subsection 15-1.4b1 through
5. The three dollar permit fee and the actual cost of the inspections
shall be billed the utilities at reasonable intervals by the Township.
The applicant shall comply with the following rules and regulations:
a.
The applicant must notify the director of public property and the
police department at least 24 hours in advance of the exact time of
starting the work on all excavations.
b.
Written permission to close a road to traffic must first be secured
from the director of public property and the police department, and
such permission shall only be valid for the time specified Such written
approval may require the permittee to give notification of such closing
to various public agencies and to the general public.
c.
The applicant shall keep all road openings properly guarded at all
times for the safe passage of all traffic.
d.
All openings shall be covered or filled overnight unless permission
is obtained from the director of public property and the opening is
adequately protected. In the case of public utilities, the required
permission Is waived.
e.
It shall be the duty of every person cutting or making an excavation
in or upon any public place, to place and maintain barriers and warning
devices necessary for the safety of the general public barriers, warning
signs, lights, etc., shall conform to the requirements of the director
of public property Warning lights shall be electrical markers or flashers
which shall be used to Indicate a hazard to traffic from sunset of
each day to sunrise of the next day. Electric markers or flashers
shall emit light at sufficient intensity and frequency and be visible
at a reasonable distance for safety.
Reflectors or reflecting material may be used to supplement,
but not replace, light sources. The permittee shall take appropriate
measures to insure that during the performance of the excavation work,
traffic conditions as near normal as possible, shall be maintained
at all times so as to minimize inconvenience to the occupants of the
adjoining properties and to the general public. Warning signs shall
be placed far enough in advance of the construction operation to alert
traffic in a public street, and cones or other approved devices shall
be placed to channel traffic in accordance with the instructions of
the director of public property.
f.
The applicant shall open no greater part of such road than shall
be reasonably necessary.
g.
Any road when opened and excavated shall be promptly backfilled and
restored.
h.
Where multiple openings are made, the applicant shall resurface with
one strip to prevent a washboard effect.
i.
Installations shall be in sidewalk areas where possible, and all
conduits shall be placed by boring or jacking wherever feasible.
j.
All valve installations in paved areas shall be placed in concrete
to prevent movement.
k.
If utility companies make the openings, the utility company inspectors
will cooperate with the director of public property to see that the
openings are kept in repair.
l.
Permission to cross bridges, culverts or other drainage structures
shall first be obtained from the Union County Engineer, or from the
Township director of public property before a road opening permit
is issued
The backfilling and pavement restoration of openings made under
the jurisdiction of this chapter shall comply with the following regulations
and specifications:
a.
Unpaved roads. The applicant shall restore the surface to as good
a condition as existed prior to the excavation by replacing so much
of the material excavated, if suitable, as is necessary in accordance
with standards set by the director of public property. If the backfill
material, in the opinion of the director, is unsuitable, the applicant
may be required to use select backfill. No backfill shall contain
stone larger than six inches in diameter, nor shall shale rock be
used. Materials shall be placed in the trench in uniform layers not
to exceed six inches of thickness, and shall be thoroughly moistened,
tamped and consolidated in place. The surface of the backfill shall
be maintained in first class condition as determined by the director
of public property for a period of six months.
b.
Flexible-base pavements.
1.
All cuts in flexible-base pavement shall be made with a cutting tool,
and shall be 12 inches wider and 12 inches longer than the excavation
proposed to be made in the earth beneath, so that there will be a
shoulder six inches wide on each side and at each end of the excavation.
2.
The backfill shall be brought up to an elevation seven inches below the elevation of the existing adjacent surface of the pavement, and the backfill shall be placed in accordance with the specifications contained in Subsection a above.
3.
The backfilled area shall be provided with a temporary pavement which
shall consist of seven inch thick layer of compacted bituminous stabilized
base. This temporary pavement shall be maintained by the applicant
in first class condition as determined by the director of public property
for a period of one year or at the discretion of the director of public
property. After such period, the applicant shall remove the top two
inches of the temporary pavement and shall replace same with permanent
pavement consisting of two inches of material as existed prior to
excavation. Prior to the application of the finished surface course,
the edges of the existing pavement shall be coated with a cutback
asphalt.
4.
The applicant shall notify the director of public property at least
24 hours in advance of the exact time at which he proposes to begin
the permanent pavement restoration.
c.
Rigid-base pavements.
1.
All cuts in rigid-base pavement shall be made with a concrete saw
to a minimum two inch depth cut in concrete, and shall be 12 inches
wider and 12 inches longer than the excavation proposed to be made
in the earth beneath so that there will be a shoulder six inches wide
on each side and at each end of the excavation.
2.
The backfill shall be placed in accordance with the specifications contained in Subsection 15-1.6a. The backfilled area shall be provided with a temporary pavement which will consist of the same depth of stabilized base as the existing concrete pavement. The placement of the permanent top shall be in accordance with the specifications contained in Subsection 15-1.6b, except that such top shall be placed to the same thickness of that which previously existed.
3.
Any bituminous topping on the concrete shall be replaced with the
same material as the existing material, or as specified by the director
of public property to the thickness of that which previously existed.
4.
The director of public property is to be notified at least 24 hours
in advance of starting permanent pavement replacement.
d.
Utility
Work. In the case of utility work undertaken by a public or private
utility, which work involves placing new, or replacing or repairing
of existing, utility infrastructure, such as gas lines, water lines,
electrical lines, and sewer lines, where the area to be trenched is
greater than 20 square feet, upon completion or within a reasonable
amount of time as determined by the Public Works Director and the
Township Engineer, the applicant shall mill and repave the entire
pavement surface from edge to edge, or curb to curb for the full length
of the excavation in accordance with the specifications of the Department
of Public Works.
[Added 10-15-2019 by Ord. No. 2019-22; amended 8-16-2022 by Ord. No. 2022-20]
[Ord. No. 68-10; Ord. No. 83-40; Ord. No.
23-06]
a.
LITTER
LITTER RECEPTACLE
PERSON
Definitions: For the purpose of this subsection, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this subsection clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, metal, plastic or paper containers
or other packaging or construction material, but does not include
the waste of the primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
Shall mean a container suitable for the depositing of litter.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
b.
Prohibited acts and regulated activities:
1.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
2.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this subsection, the operator or
owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this subsection.
c.
Enforcement. This subsection shall be enforced by the police department
and Code Enforcement Officer of the Township of Scotch Plains.
d.
Penalties. Any person(s) who is found to be in violation of the provisions
of this subsection shall be subject to a fine not to exceed $100.
No person shall ride or drive any horse or other animal or beast,
whether attached to a vehicle or not, upon any sidewalk within the
Township; no person shall tie or fasten any horse, cow or other animal
or beast in such a way that the horse, cow or other animal or beast
shall obstruct, stand or be upon any sidewalk within the Township;
no person shall obstruct any street, road, land or alley or public
place within the Township in any way without permission first obtained
from the Township council.
No person shall intentionally break any streetlamp or electric
light or maliciously or intentionally injure or cut down any tree,
shrub or guard placed around the same or any fence or lamppost within
the lines of any street within the Township.
a.
The owner or tenant of lands abutting or bordering upon the sidewalks
of public streets of the Township shall remove all ice and snow from
that part of the sidewalks lying in front of their respective premises
which is paved with flagging, broken stone, concrete, asphalt or other
artificial covering within 12 hours of daylight after the same shall
be formed or fallen thereon.
b.
In all cases in which ice shall be formed upon or adhere to that portion of the sidewalks of any public street of the Township which is covered with flagging, broken stone, concrete, asphalt or other artificial covering, it shall be the duty of the owner or owners, tenant or tenants of land abutting or bordering on such sidewalks to cause such ice to be strewn with salt, ashes, sawdust or sand within four hours after the same shall have formed upon or adhered to such sidewalk, except when the ice shall have formed upon or adhered to such sidewalks during the night, and in that case then within four hours after sunrise of the next following morning, and to keep the ice so strewn with salt, ashes, sawdust or sand until the ice shall be removed as provided in Subsection a.
The owner or tenant of lands abutting or bordering upon the sidewalks of public streets of the Township shall remove all grass, weeds and other impediments (not specified in Subsection 15-2.4) from those portions of the sidewalks lying in front of their respective premises, within three days after notice to remove the same, which notice may be given by the building sub code official or health officer orally or in writing .
Whenever the owner or tenant of lands abutting or bordering
upon the sidewalks of public streets in the Township shall refuse
or neglect to remove snow, ice, grass, weeds or other impediments
therefrom, as required by the foregoing subsections of this section,
or any notice given thereunder, the snow, ice, grass, weeds or other
impediments shall be removed by or under the direction of the building
sub code official or health officer, and in the event of the removal
of such snow, ice, grass, weeds or other impediments, as provided
in this section, the cost of removal as nearly as can be ascertained
shall, pursuant to the statute in such case made and provided, be
charged upon the books of the Township against the lands abutting
upon or bordering the sidewalks, and with interest thereon shall forthwith
become a lien upon the lands and shall be added to and form a part
of the taxes next to be assessed and levied upon such lands, and shall
be certified by the building sub code official or health officer to
the collector of taxes for that purpose and be collected in the same
manner as other taxes.
No person being owner, lessee or tenant of any house or building
shall allow any water or other liquid to run from or out of his building
or ground upon or across any sidewalk and, if such substance is allowed
to pass upon any street, it must reach the same by a passage to be
kept at all times adequate and in repair by such person, under or
through the sidewalks. No water or other liquid or ice therefrom shall
be allowed to gather or remain on the upper surface of the sidewalks
or passage; nor shall such person allow any accumulation of water
or liquid or the ice therefrom upon any street or place, but shall
at all times cause the same to be removed.
Every owner, tenant, lessee and occupant of any building or
lot (whether vacant or occupied) within or near the built-up portions
of the Township shall keep and cause to be kept the sidewalk and flagging
and curbing in front thereof, free from obstructions and nuisances
of every kind, and shall not allow anything in the area or yard or
on about the premises to become a nuisance or dangerous or prejudicial
to life and health.
No person shall take, or allow to go or be taken (having the
right and ability to prevent the same) any horse or other animal or
any vehicle, upon any sidewalk or footpath in front of any building,
to the peril of any person; nor shall any person block up or obstruct
any street or place, or contribute thereto.
[Added 8-10-2021 by Ord.
No. 2021-20]
Between the dates of November 30 and March 30 in any given year,
no one shall place in any public street, right-of-way or on the sidewalk
of any public street any fixed or portable basketball net, or backboard
or other equipment or apparatus for the playing of basketball or any
other sport for which such an apparatus can be used nor shall such
equipment or apparatus be placed on private property or in the vicinity
of any public right-of-way.
[Added 8-10-2021 by Ord.
No. 2021-20]
a.
Any person violating the above provision shall be subject to a warning
for the first violation, a fine of $100 for the second violation and
a fine not to exceed $250 for each subsequent violation.
b.
There shall be a presumption that the person or persons who have
violated this provision are those who control the private property
on which the equipment or apparatus is situated, or if the equipment
or apparatus is in a public right-of-way, those who control the private
property closest to the equipment or apparatus.
[Ord. No. 68-10]
No person shall plant, trim, remove or destroy any shade tree
or trees within any street, alley, park or public place within the
Township without first obtaining the consent of the Township council.
All trees standing on the inner or outer side lines of any of
the sidewalks within the Township, which trees or branches thereof
shall in any way interfere with or obstruct the free passage of pedestrians
walking on the sidewalks or the approaches thereto, or which shall
interfere with or obstruct the approach of vehicles to the sidewalks
or any of them, or which shall interfere with or obstruct the light
from street lamps, shall be so trimmed by the owner of the lands adjacent
to the sidewalks upon which the trees may be standing, as not to permit
any obstruction to the free passage of pedestrians walking on the
sidewalks, or the approaches thereto from the streets, or permit the
obstruction of the light from any street lamps along the sidewalk.
The trees shall be trimmed, as referred to in Subsection 15-3.2, by the persons and in the manner therein mentioned under the direction of the director of public property, or such other person as the Township council may designate or appoint.
[Ord. No. 68-10]
Any person who shall violate any provision of this chapter shall be liable to the penalty stated in Chapter 3, section 3-1.[1]
[1]
Editor's Note: Former § 15-5, Permit Stickers For
Use of the Plainfield Avenue Dumpster Site, Ord. No. 81-23, as amended,
which immediately followed this section, was repealed 10-15-2019 by
Ord. No. 2019-22.
