[HISTORY: Adopted by the Township Committee
of the Township of South Hackensack 12-2-1976 as Ch. 122 of the 1976
Code. Amendments noted where applicable.]
[Amended 12-19-1996 by Ord. No. 96-14]
No person, firm or corporation shall install,
lay, construct, connect with or use any railroad track or railroad
siding in, upon, through or over any public street or highway in the
Township of South Hackensack unless, until and only so long as there
shall have been issued and shall remain in force and effect a permit
so to do granted to such person, firm or corporation by the Township
Committee of the Township of South Hackensack.
[Amended 12-19-1996 by Ord. No. 96-14]
The permit shall be granted only after written application therefor, and the applicant shall agree to be bound by the terms and provisions of this article and any conditions which may be imposed on such permit. Said application shall be accompanied by a map or diagram showing in detail in all respects the grade and location of such railroad tracks or siding. Said permit may be granted for a period not exceeding 25 years and an annual fee therefor as provided in Chapter 108, Fees, shall be charged and collected, which fee may be modified from time to time irrespective of whether such permit shall then already be in force and effect.
Said permit may be further conditioned upon
the applicant's furnishing such safety devices, watchmen, insurance
or other safeguards or means for the security and protection of persons
and property as may from time to time be prescribed by the Township
Committee.
A permit under this article shall be limited
exclusively to authorization by the Township of South Hackensack,
pursuant to the statutes allowing the regulation by ordinance of the
use of streets and highways, for the construction and operation of
a railroad track or railroad siding transversing a public street or
highway and shall not be deemed a grant of any easement or other property
right in said public street or a grant to construct and operate a
railroad siding longitudinally in a public street or otherwise as
a public nuisance. No permit shall be granted for any railroad siding
to be constructed across a public street, which siding is at any point
less than 100 feet from any dwelling, and except for a street crossing
as herein specifically provided, no permit shall be granted for any
street or thoroughfare or any other municipally owned land or for
any land or premises under the jurisdiction or control of the Industrial
Commission of the Township of South Hackensack.
Any application for any permit may be denied
by the Township Committee, after hearing, if, in the opinion of that
body, the use of such street or highway in the manner proposed in
such application would be dangerous to the public, and any permit
may be revoked, after hearing, for failure to comply with the terms
of this article or any of the conditions imposed in respect to such
permit.
A.
Any person, firm or corporation who shall violate
any term or provision of this article shall, upon conviction thereof,
be subject to a fine not exceeding $2,000, imprisonment for a term
not exceeding 90 days, a period of community service not exceeding
90 days, or any combination thereof.
[Amended 12-19-1996 by Ord. No. 96-14; 2-14-2008 by Ord. No.
2008-02]
B.
Each day that a violation of any of the terms or provisions
of this article shall continue shall constitute a separate offense.
A.
The Industrial Commission of the Township of South
Hackensack is hereby authorized and directed to grant a lease, permit
or irrevocable license on conditions set forth in this article to
any industrial user, located in the Township of South Hackensack,
desirous of utilizing the railroad sidings of the Industrial Commission
of the Township of South Hackensack to furnish or obtain freight service
by means of the New Jersey and New York Railroad or its successors.
B.
Such lease, permit or irrevocable license shall be
nonexclusive to the particular entity to which it is granted and shall
be mutual with all other parties who may have a lease, permit or irrevocable
license with the Industrial Commission. Nothing set forth in the lease,
permit or irrevocable license shall grant to the particular entity
any permission or right of use in and over any lands other than the
railroad sidings owned by the Industrial Commission.
C.
The receipt of any compensation by the Industrial
Commission shall not be deemed to be any exercise of control over
the railroad sidings by either the Township of South Hackensack or
the Industrial Commission of the Township of South Hackensack.
A.
The fees that the users of the railroad sidings shall
pay shall be set by the Industrial Commission with the concurrence
of the Township Committee, and the amount shall be paid directly to
the Township Treasurer on behalf of the Industrial Commission by January
31 of each year.
B.
The compensation which shall be paid shall not obligate
either the Township of South Hackensack or the Industrial Commission
in respect to any obligations or duty of maintenance or control nor
impose any liability for any damages suffered by anyone from any cause
whatsoever. The acceptance of the lease, permit or irrevocable license
hereunder by a particular user constitutes a covenant that he or she
will relieve and save harmless the Township of South Hackensack and
the Industrial Commission from any and all loss occurring through
the operation of such sidings or any failure in respect thereto.
The Industrial Commission shall deny any and
all use of such sidings to any person, firm or corporation who has
failed to pay its annual charge under the lease, permit or irrevocable
license, and if any order of denial of use shall not be complied with
forthwith, the Industrial Commission is authorized to apply to the
Superior Court for an order to eject such violator from use of said
sidings. In addition, the unpaid amount due under the lease, permit
or irrevocable license shall become a lien upon the premises of the
party who fails to pay such amount, which lien may be enforced by
the Township upon appropriate action by the Township.
Any shipper holding a lease, permit or irrevocable
license under this article shall be subject to and be required to
comply with all of the regulations of the railroad companies and public
governmental bodies having jurisdiction as to the shipment of freight
to and from South Hackensack, in addition to compliance with any and
all of the terms of this article and the assumption of liability hereunder.
[Amended 12-19-1996 by Ord. No. 96-14; 2-14-2008 by Ord. No.
2008-02]
Any shipment of freight over the sidings of
the Industrial Commission to or by any person, firm or corporation
who shall not have a valid license, permit or irrevocable license
which is in full force and effect shall constitute a violation of
this article, and each day such violation occurs shall constitute
a separate violation. Any person, firm or corporation in the Township
of South Hackensack who shall ship over or otherwise utilize the sidings
of the Industrial Commission without holding a valid lease, permit
or irrevocable license so to do or who shall violate any of the other
terms and provisions of this article shall, upon conviction, be subject
to a fine not exceeding $2,000, imprisonment for a term not exceeding
90 days, a period of community service not exceeding 90 days, or any
combination thereof.
[Amended 12-19-1996 by Ord. No. 96-14]
The Industrial Commission is hereby authorized by the terms of this article to grant an irrevocable license to the present users of the railroad sidings in the Township of South Hackensack for the sum as provided in Chapter 108, Fees, for a term of 25 years. Such irrevocable license shall be reflected by an appropriate instrument drawn between the industrial user of the railroad sidings and the Industrial Commission.
