[Adopted as Ch. 150, Art. V, of the 1990
Code]
No person shall construct, reconstruct, replace,
alter or remove any driveway, driveway opening, approach or apron
within the public right-of-way nor any curb, gutter, sidewalk, retaining
wall or like structure within or abutting the right-of-way without
first obtaining a permit therefor as hereinafter provided.
[Amended 5-9-1990 by Ord. No. 5-1990; 7-21-2004 by Ord. No.
12-2004]
Application for a permit shall be made in writing to the Construction Official, accompanied by a fee in the amount as provided in Chapter 275, Fees, to cover the costs of the initial and final inspections of the work to be performed. If, in the discretion of the Construction Official, it is deemed necessary, the applicant shall also submit for approval three sets of plans prepared by a licensed professional engineer, indicating the plans and profiles in proper scales and which shall clearly and completely set forth the lines and grades of the proposed construction or reconstruction.
[Amended 7-21-2004 by Ord. No. 12-2004]
A.Â
Each set of plans shall be signed by the Construction
Official, who shall retain one set and return one set to the applicant
and forward one set to the Construction Official. No work shall be
commenced until the plans are approved by the Construction Official.
B.Â
Within 10 working days after the receiving of the
application, the Construction Official or his/her representative shall
inspect the premises, review the nature of the work to be performed
and render his/her approval with any conditions or disapproval of
the application in writing.
C.Â
Upon completion of the work, the applicant shall notify
the Construction Official, who shall inspect the premises and satisfy
himself that the work conforms to the approved application. Nonconforming
work shall be removed and reconstructed by the applicant at the applicant's
expense.
D.Â
All work shall be constructed in accordance with the
terms of this article and all other applicable ordinances. If, in
the discretion of the Construction Official, it is deemed necessary
in order to assure the timely and proper completion of this work,
the applicant shall also post a bond, cash deposit or other such guaranty,
subject to the approval of the Borough Attorney, in such amount as
may be required to fully complete said project.
E.Â
In the event that the proposed work intersects with,
enters upon or either directly or indirectly affects the use, including
drainage, of a county road, the applicant shall also file a written
application, accompanied by detailed plans, with the Supervisor of
Roads of the County of Passaic.
F.Â
Where the landscaping of an abutting property encroaches
on the street right-of-way and the owner of such property desires
to alter the landscaping or to make minor repairs to an existing retaining
wall, no permit shall be required, provided that such alteration or
repair does not adversely affect the street drainage facilities, damage
the curb, sidewalk or pavement, increase the encroachment upon the
street right-of-way or create a traffic hazard.
