[Amended 9-27-2011 by Ord. No. 5217]
No person or persons or corporation shall obstruct or encumber
any street, avenue, highway or sidewalk in the Township of Union which
has been opened, graded or regulated according to law, with any article
or thing whatsoever, except as may be permitted by this article.
A.
The Township Public Works Superintendent
or authorized agent shall have the power to grant a permit to any
person, persons or contractor to occupy with building material and/or
storage container part of the street on which building operations
are being conducted, not to exceed, however, 1/3 of the width of said
street, provided that, in the opinion of the Township Public Works
Superintendent or authorized agent, such occupancy will not be harmful
to the convenience or interest of the public. Such permit, if granted,
shall forthwith be posted in some conspicuous place or near such building
material, and/or storage container and shall be kept there so as to
be readily accessible for inspection by the public, and the Township
Public Works Superintendent or authorized agent. A fee of $25 shall
be paid to the Township Public Works Superintendent or authorized
agent by the applicant for each such permit. The permit shall be valid
for a period of 15 days and can be extended for additional period
of 15 days.
B.
A separate permit shall be required
for storage of building material and or storage container in front
of each separate building or in front of each separate excavation,
and no permit shall be issued for the storage of material over an
area exceeding a frontage of 50 feet measured along the sideline of
the street. The payment of the fee for the permit The permittee shall
pay a daily fee of $5 per day so long as the storage container remains
upon the street and until storage container has been removed and the
street has been left in a condition satisfactory to the Township Public
Works Superintendent or authorized agent, such daily fees to be deducted
from the deposit hereafter mentioned.
C.
Such permits shall provide that
the sidewalk and gutter shall at all times during the tenure of the
permit be kept clear and unobstructed, and all dirt, rubbish, snow,
ice and debris shall be promptly removed, from time to time, during
the course of such building work by applicant or permittee, and all
such permits shall be revocable by the Township Public Works Superintendent
or authorized agent in his discretion.
A.
No permit provided for in this
article shall be granted until the applicant shall have deposited
with the Township Public Works Superintendent or authorized agent
the sum of $150 as security that such applicant will promptly and
at all times comply with the conditions of this article, and will
promptly remove all dirt, rubbish, debris and encumbrance from gutters
or sidewalks, and will also promptly remove all building materials
and or storage container placed upon any street or sidewalk, in the
event that the permit therefor shall have expired or shall have been
revoked.
B.
The applicant shall, on the first
day of each month, replenish the deposit to the extent of the charges
that may have been made against it for daily fees, so that on the
first day of each month said deposit shall be kept up and maintained
at no less than $150.
C.
The applicant or permittee shall
be responsible for any damage done to the street shoulder, gutter
or curb or to any other part of the street, and shall at his expense
repair and make good any such damage, subject to approval of the Township
Public Works Superintendent or authorized agent, and no deposit shall
be returned until such repairs have been made to the satisfaction
of the Township Public Works Superintendent or authorized agent. Upon
failure of the applicant or permittee diligently and promptly to make
repairs when requested by the Township Public Works Superintendent
or authorized agent, then such repairs may be made by the Township
Public Works Superintendent or authorized agent and the cost thereof
charged against and deducted from the deposit, and if the deposit
is insufficient, the applicant or permittee shall be answerable for
the difference or excess in cost. Any part of the deposit not used
under the provisions of this article shall be returned when all work
and repairs have been completed and when they have been approved by
the Township Public Works Superintendent or authorized agent.
The Superintendent of Public Works or authorized agent is hereby
authorized and empowered to use so much of the money so deposited
as may be needed to effect the prompt removal of such dirt or rubbish
as may be left, from time to time, upon streets, sidewalks or gutters
by or for the applicant or permittee, and also to remove any building
material and/or storage container which may remain on streets, sidewalks
or gutters after the expiration or revocation of any permit under
which such building material or dirt or debris was so placed or accumulated.
In case such deposit shall have been diminished or exhausted
by reason of such use by the Superintendent of Public Works or authorized
agent for the aforesaid purposes, the amount thereof shall be replenished
by the applicant or permittee and made good up to the sum of $150
upon notice, in writing, from the Superintendent of Public Works or
authorized agent and, in default thereof, such permits theretofore
issued to the applicant or permittee failing to comply with said notice
shall be revoked, and no permit shall thereafter be granted to such
applicant until such deposit shall have been replenished and made
good up to said sum. Said deposit may be withdrawn, and shall be returned
to any applicant, provided that said applicant shall hold no other
unexpired permit, and has fully complied with all conditions of any
other permits theretofore issued; otherwise said applicant shall be
entitled to withdraw and receive only so much of said deposit as may
remain unexpended, after the requirements of this article relative
to use of said money for the above-mentioned purposes shall have been
met.
Any and all building materials and or storage containers placed
in any street, by virtue of the provisions of this article, shall
be kept well-lighted at night for the protection of the traveling
public. Reflectors shall be placed on storage containers.
No building materials shall be placed, nor shall mortar, cement
or other materials be mixed upon any sidewalk, and no building materials
shall be placed, nor shall any mortar, cement or other materials be
mixed upon the pavement of any street, except under a permit issued
by the Superintendent of Public Works or authorized agent, which permit
shall provide that such pavement shall be protected by first laying
planks thereon, and a watertight box for mixing mortar or other similar
material. Storage containers shall have sufficient wood planks placed
under the container to protect the pavement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, persons, firm or corporation violating any of the
provisions of this article shall, upon conviction thereof, be subject
to one or more of the following: a fine of not more than $2,000, imprisonment
for not more than 90 days, or a period of community service not exceeding
90 days, in the discretion of the Judge of the Municipal Court.
For the purposes of this article, the Superintendent of Public Works or authorized agent shall be designated as the enforcement officers. The enforcement officers shall be empowered by the Township Committee to designate as many subcode officials as deemed reasonable and necessary to carry out the purpose of this article. In addition to the Superintendent of Public Works or authorized agent, all police officers in the Township of Union shall be empowered to enforce the provisions of all articles contained within Township Code Chapter 530.
