As used in this article, the following terms
shall have the meanings indicated:
STREET
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the City as a public
street, as well as any state or county road or highway over which
the City has acquired jurisdiction by agreement.
Application for a permit shall be made to the
City Engineer.
[Amended 7-11-1985 by Ord. No. 865-85; 12-23-1992 by Ord. No.
1199-92]
A. No permit shall be issued until the applicant has
filed a bond in the amount of $1,000 for a two-year period. The bond
shall be executed by the applicant as principal and a surety company
licensed to do business in the State of New Jersey as surety and shall
be conditioned as follows:
(1) To indemnify and hold harmless the City from all loss,
damage, claim or expense resulting from any work done by the applicant
under the permit.
(2) To indemnify the City for any expense incurred in
enforcing any of the provisions of this article.
(3) To guarantee completion of the permitted work according
to the provisions of this article.
B. The applicant may post a cash bond with the City in
lieu of a surety bond. Cash, cashier's check, certified check or money
order made payable to the City of Passaic shall be acceptable, and
such funds shall be held in the City of Passaic escrow account.
C. The City Engineer may waive the requirements of surety
in the case of public utilities.
D. One bond may be accepted to cover more than one excavation
by the same applicant, subject to the determination of the City Engineer
that the City is adequately protected against default by the applicant.
E. No permit shall be issued for any road opening or
roadway access opening permit until the applicant has filed with the
City Engineer a certificate of insurance or a public liability insurance
policy in at least the minimum amounts of $100,000/$300,000 for bodily
injury or death and $25,000 for property damage, issued by an insurance
company licensed to do business in the State of New Jersey and indemnifying
and protecting the City of Passaic from all liability by reason of
property damage or personal injuries or death which may result or
may be claimed as a result of any accident occurring at the point
of opening or related thereto. In all cases, the City shall be named
as an additional insured on such policy.
The Engineer may make any rules and regulations
which he considers necessary for the administration and enforcement
of this article, but no regulation shall be inconsistent with, alter
or amend any provision of this article or impose any requirement which
is in addition to those expressly or by implication imposed by this
article. No regulations shall be effective unless they shall be approved
by resolution of the Council. Copies of all current regulations shall
be furnished to each permittee at the time of the issuance of the
permit.
Grading or digging under the provisions of this
article shall be unlawful unless it conforms strictly to the official
grades as specified in the ordinances authorizing such grading or
to the measurements, specifications, plans or requirements of the
City Engineer.
[Amended 5-7-1987 by Ord. No. 985-87]
A. Maintenance of street between property line and curb.
Every owner, occupant or person having charge and control of property
in the City on any street that is open shall maintain and be responsible
for the proper upkeep of that part of the street between the property
line and curb which abuts the property, including corner areas adjacent
to corner lots, whether within or without the property line. Such
upkeep shall include the proper maintenance and repair of the sidewalk
and curb.
B. Installation and repair of connection between property
and sewer lines. Every owner, occupant or person having charge and
control of property in the City shall be responsible for proper installation,
repair and upkeep of all connections between their property and the
main sanitary or industrial sewer line and all connections between
their property and the main storm drain, catch basin or gutter into
which such connections discharge.
C. Installation of individual connection between property
and municipal sewer for new construction. Every owner or person having
charge and/or control of construction of new buildings in the City
shall be required to install an individual sanitary sewer lateral
between each building and the municipal sewer. An individual sanitary
sewer lateral shall be installed for each townhouse unit to a common
collector lateral which is to connect to the municipal sewer. The
common collector lateral must be located in the common area of the
property and not within the bounds of any individual unit. Duplex
units which are constructed with the intent of being sold to separate
owners shall be built with individual sewer laterals. A common sewer
lateral will be permitted in the case of multiple units being constructed
in low-, mid- and high-rise structures. Installation of septic pits
is prohibited.
[Amended 10-21-1999 by Ord. No. 1473-99]
D. Installation of individual connection between property
and municipal sewer for existing properties. Every owner, occupant
or person having charge and/or control of existing buildings in the
City shall be required to install an individual sanitary sewer lateral
for each building if and when it becomes known that a building is
connected to a common sanitary sewer lateral with another building
or buildings or to a septic pit. This same requirement shall apply
to existing townhouse and duplex units that have individual owners.
It will be the responsibility of the owner whose sanitary sewer lateral
or building drain is connected to his/her neighbor's lateral or building
drain to disconnect their sanitary sewer lateral or building drain
and provide a new individual sanitary sewer lateral from their property
to the municipal sewer. The individual connections are to be provided
with 60 calendar days of notice. In the event of subdivision of commonly
owned duplex or townhouse units having a single sanitary sewer lateral
from the building, the current owner shall be required to provide
an individual sewer lateral for each unit as a requirement of the
subdivision.
[Amended 10-21-1999 by Ord. No. 1473-99]
[Amended 7-11-1985 by Ord. No. 865-85]
Outdoor public telephone booths and facilities
are hereby authorized to be placed on the sidewalks, between the curb
and property lines, for the furnishing of telephone service to the
public, provided that proper application for permission to install
any and all such booths is first made to the City Clerk and approved
by the City Engineer. The application shall be accompanied by detailed
plans and drawings showing the exact location of such booths and facilities
and provided that the standard rate of commission shall be paid to
all public telephone agents at whose premises such outdoor booths
are located.
There shall be kept in the Bureau of Engineering
four books of printed permit forms with necessary blank spaces. Book
One shall be entitled "Street Permits;" Book Two shall be entitled
"Sewer and Drain Permits;" Book Three shall be entitled "Storage Permits;"
and Book Four shall be entitled "Utility Permits."
A. Book One. Book One shall contain a stub and detachable
permit form. The stub and permit shall contain the same number, and
all permits shall be consecutively numbered. When issued, the stubs
and permit forms of Book One shall have entered on them the following
information: the date, the address, the owner's name and the contractor's
name, the type of work, the amount of the permit fee, the name and
remarks of the inspector and the date of inspection.
B. Book Two. Book Two shall contain a stub and detachable
permit form. The stub and permit shall contain the same number, and
all permits shall be consecutively numbered. When issued, the stubs
and permit forms shall have entered on them the following information:
the date, the address, the owner's name, the plumber's name, the type
of building and frontage, the type and size of the branch connection,
the page and number entry in the sewer inspection book, the amount
of the permit fee, the name and remarks of the inspector and the date
of inspection.
C. Book Three. Book Three shall contain a stub and detachable
permit form. The stub and permit shall contain the same number, and
all permits shall be consecutively numbered. When issued, the stubs
and permits shall have entered on them the following information:
the date, the address, the owner's name, the contractor's name, the
type of storage material, the inspector's name and remarks and the
date of inspection.
D. Book Four. Book Four shall contain a stub and detachable
permit form. The stub and permit shall contain the same number, and
all permits shall be consecutively numbered. When issued, the stubs
and permits shall have entered on them the following information:
the date, the name of the utility to which the permit is issued, the
location of the work, the type of work, the amount of the fee, the
name and remarks of the inspector and the date of inspection.
[Amended 7-11-1985 by Ord. No. 865-85; 9-23-1993 by Ord. No.
1241-93; 9-24-2012 by Ord. No. 1916-12]
A. The municipal officials responsible for enforcing Chapter
259 shall be the City Engineer, the Chief of Police, Health Officer or his agents, the Director of Public Works and their designated agents and employees.
B. For any violations of §
259-12A for failure to properly maintain and/or repair the sidewalk and curb, no court appearance shall be necessary if the person corrects the condition cited immediately upon the receipt of a summons and pays the fine before the date of the first court.