It shall be unlawful to construct or remove, or cause to be constructed or removed, any curb or sidewalk, or any part thereof within any public right-of-way of the Township of Union without a permit being first secured from the Township Public Works Superintendent or authorized agent and except upon compliance with the provisions of this article. "Public right-of-way," for the purpose of this article, shall mean any road, thoroughfare, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Township as a public street, as well as any other state or county road or highway over which the Township has acquired jurisdiction by agreement.
Any person, firm or corporation desiring a permit for the construction or removal of curb or sidewalk shall make application to the Township Public Works Superintendent or authorized agent setting forth the following information:
A. 
The name and address of the applicant.
B. 
The name of the street where the curb or sidewalk is to be constructed or removed and the street number, if any, of the abutting property.
C. 
The Township Tax Map index, block and lot number of the property.
D. 
The character and purpose of the work proposed.
E. 
The time when the work is to be commenced and completed.
F. 
The plan showing the exact location and dimension of all construction or removal.
G. 
The name and address of the workmen or the contractor who is to perform the work, if different from the applicant.
H. 
A statement that the applicant agrees to replace at his own cost and expense, in accordance with Township specifications and details, the curb or sidewalk to the same state and condition as they were at the time of the commencement of the work, and further agrees to comply with all other regulations and laws relative to the work.
I. 
Agreeing to indemnify and hold harmless the Township from all loss, damage, claim, or expense, including expenses incurred in the defense of any litigation arising out of injury, to any person or property, resulting from any work done by the applicant under the permit.
J. 
The line and grade shall be furnished by the Township Public Works Superintendent or authorized agent. The applicant shall furnish, if required, a line and grade plan showing the proposed work to include such information as may be requested by the Township Public Works Superintendent or authorized agent and upon which the Township Public Works Superintendent or authorized agent may develop said line and grade.
K. 
Such other information as the Township Public Works Superintendent or authorized agent may consider pertinent.
L. 
The registration number from the underground location service [Supersnooper (800)-272-1000] indicating that they have been properly notified and will locate underground facilities in the area of the proposed construction and/or removal.
The Township Public Works Superintendent or authorized agent is hereby authorized to refuse the issuance of any permit if such refusal is in the interest of public safety, public convenience or public health. If a permit is refused by the Township Public Works Superintendent or authorized agent, an appeal in writing may be taken to the Township Committee within 10 days of receipt of notice of denial. The Township Committee, after hearing the applicant and the Township Public Works Superintendent or authorized agent and such evidence as may be produced, may either direct the issuance of such permit or sustain the refusal of the Township Public Works Superintendent or authorized agent.
All permits issued under this article shall require the applicant to comply with the following:
A. 
All excavation shall be kept properly barricaded at all times and, during the hours of darkness, shall be provided with the proper warning lights. The applicant shall provide such signs, controls, barricades, warning lights and personnel necessary for safe operation and compliance with applicable federal and state laws.
B. 
All construction shall utilize formwork acceptable to the Township Public Works Superintendent or authorized agent and be inspected prior to placing of concrete.
C. 
All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic, unless the closing is approved by the Township Department of Public Works. The Township Department of Public Works shall be notified of all street closings at least 24 hours in advance, except where the work is of an emergency nature, when notice shall be given to the Public Works, Police and Fire Departments when work commences.
D. 
All refuse and material shall be removed within 24 hours after completion of the work.
E. 
No concrete sidewalks shall be replaced or covered with bituminous concrete.
F. 
Whenever a curb cut or driveway depression is required, the entire section or sections of curb shall be removed and replaced. The breaking and recapping of curbing is specifically prohibited.
G. 
Curbing shall be either vertical concrete curb or Belgium block as designated by the Township Public Works Superintendent or authorized agent and shall be in accordance with Township specifications and details on file in the office of the Township Public Works Superintendent or authorized agent.
H. 
Sidewalks shall be concrete and shall be in accordance with Township specifications and details on file in the office of the Township Public Works Superintendent or authorized agent.
I. 
Exception. A permit shall not be required for the initial installation of curbs, sidewalks or driveway aprons in a major subdivision where the work is covered by performance guaranties required by the Planning Board.
The following conditions and regulations shall apply to all permits issued under this article.
A. 
Transferability. A permit shall apply only to the person to whom it is issued and shall not be transferable.
B. 
Commencement of work. Work under a permit shall commence within 30 days from the date of issuance of the permit which shall be valid for 30 days therefrom. If work is not commenced within that time, the permit shall automatically terminate, unless extended in writing by the Township Public Works Superintendent or authorized agent.
C. 
Possession of permit. A copy of the permit shall be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee or police officer of the Township.
D. 
Revocation of permit. The Township Public Works Superintendent or authorized agent may revoke a permit for any of the following reasons:
(1) 
Violation of any provision of this article or any other applicable rules, regulations, laws or ordinances.
(2) 
Violation of any condition of the permit required.
(3) 
Carrying on work under the permit in a manner in which endangers life or property, or which creates any condition which is unhealthy, unsanitary or a nuisance.
E. 
Modification of permit conditions. In special cases, the Township Committee may, by resolution, impose special conditions to which the issuance of the permit may be subject, or may decide that any provision of this article shall not be applicable or may be modified.
F. 
The Township Public Works Superintendent or authorized agent may make any rules and regulations which he considers necessary for the administration and enforcement of this article. No regulation shall be inconsistent with, alter or amend the intent of any provision of this article or impose any requirement which is in addition to those expressly or by implication imposed by this article. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
Before any permit is issued pursuant to this article, the applicant or owner shall file an application for said permit at least 24 hours prior thereto and shall pay for said permit a fee of $10. In addition to the aforementioned permit fee, the applicant shall deposit the sum of $10 for every linear foot of curbing to be constructed or removed and/or $10 for every linear foot of sidewalk. The minimum deposit shall be $100. The Township Public Works Superintendent or authorized agent is hereby authorized to charge an inspection fee of $10 per inspection for initial inspection, form inspection, and final inspection. In the event the restoration of work authorized under the permit is not accomplished in a manner satisfactory to the Township Public Works Superintendent or authorized agent or in accordance with this and other applicable ordinances or regulations, the entire deposit shall be forfeited and used by the Township Public Works Superintendent or authorized agent to correct the deficiencies.
All deposits shall be replenished to the extent of any deductions chargeable against the same, so that on the first day of each month there shall be additionally deposited with the Township Public Works Superintendent or authorized agent the amount of any charges or deductions made. Any part of the deposit not used under the provisions of this article shall be returned when all the work and repairs have been completed and approved by the Township Public Works Superintendent or authorized agent. Regardless of the amount of any deposit, the applicant or permittee shall be responsible for full, proper and complete restoration or necessary repairs occasioned by the construction or removal and for the full cost thereof.
In the event that the Township Public Works Superintendent or authorized agent determines that curbing or sidewalks in front of property are in a hazardous condition, the Township shall notify the resident or owner thereof in writing that the condition of said curbs or sidewalks shall be corrected within 30 days after receipt of said notice. In the event that the resident or property owner does not correct such defective curbs or sidewalks within the prescribed period, the Township Public Works Superintendent or authorized agent shall be empowered to issue summonses for failing to correct said condition. In the event that the resident or property owner still does not correct such defective curbs or sidewalks, the Township Public Works Superintendent or authorized agent shall cause the work to be done, and the property owner shall be assessed accordingly for the full cost thereof, in accordance with the statute in such case made and provided.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to one or more of the following: imprisonment in the county jail, or in any other place provided by the municipality, for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $2,000 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section.