Amended in entirety by Ord. No. O.2214-2021. Prior ordinances:
1999 Code §§ 12.04.010 — 12.04.120;
Ord. No. O.1999-2018.
[Added 8-25-2021 by Ord. No. O.2114-2021]
a.
No person (defined to mean any corporation, company, association,
firm, partnership or individual) shall make an excavation in or tunnel
under any street for the laying of gas, water or sewer or for any
other purpose without first obtaining a permit from the Director of
the Department of Public Works.
b.
A tunnel or excavation may be commenced without a permit where an
emergency has arisen which makes it necessary to start work immediately,
provided that the application for permit shall be retroactive to the
date on which the work was begun and that the Police Department and
the Department of Public Works be notified before work commences.
The permit shall be applied for within 24 hours of the known emergency
or on the next business day, whichever is more practical.
c.
The Director of the Department of Public Works or the Township Engineer
shall be notified within 24 hours of a road opening for an emergency
situation. If a road opening commences on a Saturday or Sunday as
a result of emergency work, the Police Department shall be notified
prior to the start of work, and the Director of the Department of
Public Works or the Township Engineer shall be notified on the morning
of the first business day thereafter.
d.
No person shall encumber or obstruct any street or public place in
the Township of Edison by placing therein or thereon any building
materials or any articles whatsoever without first obtaining the written
permission from the Director of Public Works.
e.
The Director of Public Works shall have the power to grant permits
to builders and others to occupy space not to exceed one-third (1/3)
of the width of a vehicular lane of any street with building material
if, in his opinion, the public interest or inconvenience will not
suffer thereby. The fee for a permit to occupy the street shall be
seventy-five ($75.00) dollars.
f.
The Director of the Department of Public Works [supervisor of the
Division of Licenses and Permits may issue permits to municipal public
bodies without fee.
[Added 8-25-2021 by Ord. No. O.2114-2021]
a.
Applications for a permit shall be made to the Director of the Department
of Public Works and shall contain the following information:
1.
The name and address of the applicant;
2.
The name of the street where the opening is to be made and the street
number, if any, of the abutting property;
3.
The nature of the surface in which the opening is to be made (whether
sewer, water or gas and whether new construction or the repair of
an existing street);
4.
The character and purpose of the work proposed;
5.
The date when the work is to be commenced and date when work is to
be completed.
6.
A plan or sketch in proper scale indicating the size and location
of the proposed opening(s) which shall include:
7.
Any applicant for a permit shall provide to the Township proof of
general liability insurance coverage.
8.
A utility mark-out within the area affected.
9.
Traffic Control Plan.
10.
A written agreement to completely restore the area affected within
a specified number of calendar days after the first disruption thereof
to the condition it was in at the time it was first completed. The
selected period of time is subject to the approval of the Director
of the Department of Public Works and the Township Engineer.
b.
Each application shall state the identity and address of the applicant,
the party responsible for performing such construction, the location
where the excavation or tunnel is to be made, the dimensions of the
opening and the date when the work is to be commenced and completed.
c.
The Department of Public Works shall issue a permit to the applicant
when it determines that (i) the necessary documents are acceptable
in form and substance, (ii) the applicant has paid the review and
inspection fee, (iii) the applicant has posted sufficient security,
(iv) the applicant has satisfied all other requirements applicable
to the issuance of permits in the Township of Edison.
[Added 8-25-2021 by Ord. No. O.2114-2021]
a.
An administrative application fee must be paid in the form of a check
or money order when the application is made. The applicant shall be
charged an administrative application fee of two hundred ($200.00)
dollars for each permit.
b.
A deposit must be paid in form of a check or money order when the
application is made. For each opening made in any unimproved street,
street paved with macadam, street paved with reinforced concrete,
or any similar type of finished pavement, or tunneling the applicant
shall be charged twenty ($20.00) dollars per square foot or portion
thereof; minimum charge, two hundred ($200.00) dollars in the Township's
escrow account maintained by the Chief Financial Officer. There shall
be filed with the posted security a written consent that if the restoration
work is not completed by the date specified then the Township may
retain a private contractor to perform the restoration work and draw
upon the security to the contractor. Security shall be returned upon
final inspection.
c.
In the event that any person shall make an application for a permit
after the excavation shall have been made or the tunneling operation
shall have been performed, the administrative application fee shall
be increased to five hundred ($500.00) dollars.
d.
The deposit shall be retained by the Township for the duration of
one (1) year after the surface has been restored. Refunds of deposits
will be made upon satisfactory completion of street opening restoration.
e.
Qualified Utilities.
1.
Qualified utilities shall be exempt from the individual permit schedule
but must notify the Department of Public Works before any excavations
are made. In lieu of individual permits, a company/security bond shall
serve as a guaranty of fee payments. Such bonds shall have a duration
of one (1) year.
2.
Qualified utilities are defined as utilities regulated by New Jersey
Board of Regulatory Commissions.
3.
Qualified utilities shall make payment to the Director of the Department
of Public Works on a quarterly basis for all permits obtained in the
preceding quarter.
f.
Indemnification.
1.
Every permittee, as a condition of accepting any permit issued hereunder,
shall save and hold harmless the Township of Edison and indemnify
the Township of Edison, its officials, agents, servants and employees
for and against any and all loss, damage, claim, expense or demand
whatsoever arising out of any matter or resulting from the opening
or excavation of any street and the issuance of a permit therefor
as provided in this section.
2.
Notice of Failure to Make Progress. If the permittee, in installing
the permanent pavement shall fail to make progress satisfactory to
the Director of the Department of Public Works, the Township may give
written notice of such failure to the permittee. If, within twenty
(20) days after the receipt of such notice, the permittee shall fail
to make progress at a rate satisfactory to the Superintendent of the
Department of Public Works, the Township shall have the right to complete
the installation of such pavement, in which event the permittee shall
be charged for the cost thereof at the rate the Township is billed
by the contractor who performs the work, or at the rate it costs the
Township to perform such work itself, which charges shall be billed
after the receipt of the bill therefore.
[Added 8-25-2021 by Ord. No. O.2114-2021]
If the Department of Public Works determines that an excavation
for which a permit has been issued is of greater dimensions than those
stated in the permit, the Department of Public Works shall notify
the permittee that an additional deposit shall be required.
[Added 8-25-2021 by Ord. No. O.2114-2021]
a.
No permit shall be issued until the applicant has furnished the Director
of the Department of Public Works with satisfactory proof that he
or she is insured against injury to persons and damage to property
caused by any act or mission of the applicant, his or her agents,
employees or subcontractors done in the course of the work to be performed
under the permit. The insurance shall cover all hazards likely to
arise in connection with the work, including but not limited to collapse
and explosion, and shall also insure against liability arising from
completed operations. The limits of the policy of insurance shall
be two hundred fifty thousand ($250,000.00) dollars for injury to
any one (1) person, five hundred thousand ($500,000.00) dollars for
injuries to more than one (1) person in the same accident and an aggregate
of one hundred thousand ($100,000.00) dollars for property damage
for a single incident.
[Added 8-25-2021 by Ord. No. O.2114-2021]
All permits issued under this section shall be subject to the
following rules and regulations:
a.
All excavations shall be kept properly barricaded at all times and,
during the hours of darkness, shall be provided with proper warning
lights. This regulation shall not excuse the permittee from taking
any other precaution reasonably necessary for the protection of persons
or property.
b.
All work shall be done in such 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 Department of Public Works.
It shall be the responsibility of the Department of Public Works to
notify the Department of Public Safety of any such street closing.
The Department of Public Works shall be informed of all street closings
at least twenty-four (24) hours in advance when practical.
c.
The Department of Public Works may, upon application by the permittee,
extend the time limit during which the permit shall be valid.
d.
If the Department of Public Works or Engineering Department determines
that any backfilled excavation has settled or caved in, it shall so
notify the permittee, who shall promptly continue backfilling with
the materials specified until the Department of Public Works or Engineering
Department determines that settlement is complete.
e.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable State laws
and regulations.
f.
Utilities shall notify the Department of Public Works a minimum of
one (1) week in advance of scheduled street openings.
g.
Street openings shall be straight cut by saw/jackhammer.
h.
All work shall be done in accordance with Edison Township standard
details and specifications.
i.
Permittee and owners of underground facilities shall comply with
the State of New Jersey's standards relating to construction,
excavation and demolition operations at or near underground facilities.
j.
Permittees shall take the precautions necessary to project such pipes,
mains, conduits, and other appurtenances at their own expense.
k.
All work shall be done in accordance with the specifications and
provisions of the New Jersey Department of Transportation (NJDOT),
Township Specifications, and as directed by a representative of the
Department of Public Works, or The Department of Planning & Engineering.
l.
All debris on the street shall be removed at the expiration of the
permit unless otherwise stipulated.
[Added 8-25-2021 by Ord. No. O.2114-2021]
In all cases the permittee shall restore the surface of the
street in accordance with the following rules, regulations and requirements:
a.
No permittee shall commence the restoration of any street foundation
or surface until the Department of Public Works or Engineering Department
has determined that settlement of the subsurface is complete and the
area is properly prepared for restoration. The Department of Public
Works or the Engineering Department will determine, prior to restoration
of the surface, if a pre-construction meeting is necessary in order
to review the scope of the improvements, limits of construction and
timeframe necessary to complete said restoration.
b.
The extent of surface restoration will be determined based on the
following criteria. However, the exact area of restoration will be
considered on a case by case basis as approved by the Department of
Public Works or Engineering Department. Independent of the circumstance
or scenario below, all cold joints (where new asphalt pavement abuts
old) shall be sealed in accordance with NJDOT Standards, specifically
sealing cracks in HMA surface courses.
1.
Roadways Under Five-Year Roadway Disturbance Moratorium.
(a)
For the installation of a residential service, the minimum restoration
work required will be to mill and resurface (minimum of two inches
as determined by the Engineering Department) the roadway from the
lane line nearest lane or curb line beyond the furthest point of the
excavation for the entire width of the property.
(b)
For an excavation running roughly parallel with the roadway
and within the paved limits of the roadway, the minimum restoration
work required will be to mill and resurface (minimum of two inches
as determined by the Engineering Department) the roadway from the
nearest striped lane line (furthest from the curb) to the nearest
curb line, for a minimum of 100 feet in each direction or to the nearest
cross street beyond the limit of effected roadway, as determined by
the Engineering Department. Should at any time, the excavation extends
beyond the centerline of the roadway, the entire roadway width will
be required to be milled and resurfaced (minimum of two inches as
determined by the Engineering Department) for the distance previously
described.
(c)
For an excavation running roughly perpendicular with the roadway
and within the paved limits of the roadway, the minimum restoration
work required shall follow the prescribed limits as described in subsection
19-17b1(a).
(d)
For any scenario not covered above, the pavement restoration
required will be the milling and paving of any lane occupied by the
excavation, for a length to be determined by the Department of Public
Works or Engineering Department. If at any point, the excavation crosses
the centerline of the roadway, full width paving of the roadway will
be required.
2.
Roadways Not Currently Under Roadway Disturbance Moratorium.
(a)
For the installation of residential services, the street surface
shall be restored to extend at a minimum, two (2) foot beyond the
excavation on all sides. The distance along the curb line shall be
no less than ten (10) feet in width and extend to the nearest lane
line beyond the excavation.
(b)
For an excavation running roughly parallel with the roadway
and within the paved limits of the roadway the minimum restoration
work required will be to mill and resurface the roadway (minimum of
two inches as determined by the Engineering Department) from the nearest
striped lane line (furthest from the curb) to the nearest curb line,
for the entire length of the excavation, or for a distance of fifty
(50) feet in each direction, whichever is greater.
(c)
For an excavation running roughly perpendicular with the roadway
and within the paved limits of the roadway, the minimum restoration
work required shall following the prescribed limits as described in
subsection 19-17b1(b).
(d)
For any scenario not covered above, the pavement restoration
required will be the milling and paving of any lane occupied by the
excavation, for a length to be determined by the Department of Public
Works or Engineering Department. If at any point, the excavation crosses
the centerline of the roadway, full width paving of the roadway will
be required.
c.
When any foundation is restored by the use of portland cement concrete,
the same shall consist of a mixture by volume of one (1) part of portland
cement, two (2) parts of sand and four (4) parts of gravel or stone,
so as to attain a compressive strength of four thousand (4,000) pounds
per square inch after twenty-eight (28) days.
d.
The permittee shall clean up and promptly remove from the site of
work all surplus excavated material and debris, and shall leave the
site of the work in a neat and orderly condition.
1.
Where topsoil, seeded areas or sod are disturbed in the course of
the work, the permittee shall restore the ground surface to its original
condition.
2.
Upon completion of repairs in a street, permittees shall backfill
street openings and excavations in a manner in accordance with the
specifications. All materials used for backfill shall be free from
bricks, blocks, excavated pavement materials and/or organic material
or other debris.
3.
Backfill material shall be deposited in horizontal layers not exceeding
twelve (12) inches in thickness prior to compaction. A minimum of
ninety-five (95%) percent of Standard Proctor Maximum Density will
be required after compaction.
4.
When placing fill or backfill around pipes, layers shall be deposited
to progressively bury the pipe to equal depths on both sides. Backfill
immediately adjacent to pipes and conduits shall not contain particles
larger than three (3) inches in diameter.
5.
Compaction shall be attained by the use of impact rammers, plate
or small drum vibrators, or pneumatic button head compaction equipment.
Hand tamping shall not be permitted except in the immediate area of
the underground facility, where it shall be lightly hand tamped with
as many strokes as required to achieve maximum density. The definition
of the "immediate area" shall be a maximum of eighteen (18) inches
from the facility.
6.
Where sheeting has been used for the excavation, it shall be pulled
when the excavation has been filled or backfilled to the maximum unsupported
depth allowed by the New Jersey Department of Transportation guidelines.
7.
As a measure of maximum density achieved for temporary restoration,
the pavement surface shall not sink more than two (2) inches from
the surrounding existing surface during the life of the temporary
restoration. More than two (2) inches of settlement shall be deemed
a failure of the compaction of the backfill and cause the removal
of said backfill to the subsurface facility and new fill installed
and properly compacted.
e.
Temporary Asphaltic Pavement.
1.
Immediately upon completion of the compaction of the backfill of
any street opening, the permittee shall install a temporary pavement
of an acceptable stabilized asphalt paving mixture, course size one
and one-half (1.5) to two (2) inches, not less than four (4) inches
in thickness after compaction, flush with the adjacent surfaces.
2.
The permittee has the option of installing full depth pavement using
an acceptable asphalt paving mixture immediately upon completion of
the compaction of the backfill excluding reconstructed protected streets
and full-depth concreted roadways.
3.
Upon the expiration of the permit, all equipment, construction materials
and debris shall be removed from the site, unless otherwise stipulated.
4.
When final restoration is to be done the materials are to be removed
with hand tools to a depth necessary to accomplish the final restoration.
5.
In the event that two or more unconnected road openings are requested
and dug only ten (10) feet or less apart, the restoration requirements
shall include the milling and paving of a continuous area including
the undisturbed area between the trenches.
f.
Plating and Decking.
1.
All plating and decking installed by the permittee shall be made
safe for vehicles and/or pedestrians and shall be adequate to carry
the load. Plates must be designed by a Professional Engineer and be
rated for traffic. A corresponding certification signed and sealed
by a Licensed Professional Engineer in the state of New Jersey must
be submitted to the Township for each plate, prior to use.
2.
The size of the plate or decking shall be large enough to span the
opening, be firmly placed to prevent rocking and shall overlap the
edges of trenches and openings and be sufficiently ramped to provide
smooth riding and a safe condition.
3.
All plating and decking shall be fastened by splicing, countersinking
or otherwise protected to prevent movement.
4.
Where deflections are more than three-fourths (3/4) inches, heavier
sections of plates or decking or intermediate supports shall be installed.
5.
All plating and decking shall have a skid-resistant surface equal
to or greater than the adjacent existing street or roadway surface.
6.
Plating of open excavation is not allowed during winter months.
g.
Base.
1.
Concrete and asphalt base material shall conform to specifications.
2.
Concrete for base shall be plated in a driving lane and intersections
or barricaded in accordance with the Federal Manual on Uniform Traffic
Control Devices in a parking lane for a minimum of three (3) days
to permit proper cure of concrete, unless otherwise specified.
3.
Hot asphalt binder materials may be used in place of concrete for
non-protected and/or resurfaced streets at a thickness ratio of one
and one-half (1 1/2) inch of asphalt for every inch of concrete.
4.
The concrete base shall be restored at the same grade as the existing
base.
5.
At no time will asphalt other than binder be permitted as a base
course. Conduit or pipes shall be installed at a minimum depth of
eighteen (18) inches from the surface of the roadway, or below the
base, whichever is greater. Where conduits and pipes cannot be installed
at the required minimum depth, protective plating shall be installed
over the facilities upon written request from the permittee and receipt
of written approval by the Township Engineer.
h.
Guarantee Period. Permittees shall be responsible for permanent restoration
and maintenance of street openings and excavations for a period of
three (3) years on unprotected streets, and up to five (5) years on
protected streets commencing on the restoration completion date. This
period shall be the guarantee period.
1.
Permittees shall comply with all applicable sections of these rules,
the specifications, and all other applicable laws or rules.
2.
The Township Engineer may require the use of infrared pavement repair
technology in order to repair the pavement roadway. Coordination on
the use of this method will be required for any roadway within the
five (5) year roadway moratorium.
3.
Any street opening in connection with the installation of telecommunication
equipment that is not confined to within eight (8) feet of the curbline,
including the required cut back, on any street, regardless of status-
protected or unprotected-or where located within the Township, and/or
within any sidewalk area within the Township, shall require full curb-to-curb
roadway restoration underall circumstances.
[Added 8-25-2021 by Ord. No. O.2114-2021]
a.
Transferability. Every permit shall apply only to the person to whom
it is issued and shall not be transferable. Permits issued to utilities
shall show the identity of the utility.
b.
Commencement of Work. Work under a permit shall commence with forty-five
(45) days from the date of issuance of the permit. If work is not
commenced within that time, the permit shall automatically terminate
unless extended, in writing, by the Department of Public Works.
c.
Possession of Permit. A copy of the permit must be kept in possession
of the person actually performing the work and shall be exhibited
on demand to any duly authorized employee of the Township.
[Added 8-25-2021 by Ord. No. O.2114-2021]
a.
The permit holder shall conform to the requirements in the current
manual on Uniform Traffic Control Devices, Part VI, when required
by the Township to provide barricades and/or signs.
b.
The permittee shall erect and maintain suitable barricades around
all work while excavation or other work is in progress and shall arrange
work in such a manner as to cause a minimum of inconvenience and delay
to vehicular and pedestrian traffic. In the event that such requirement
is not complied with by the permittee, the Director of the Department
of Public Works may, in his discretion, cause all or part of the work
covered by the permit to be backfilled and temporarily resurfaced
by the City's own forces or by contract or otherwise. In which
case the City shall be reimbursed for any expense incurred thereby.
c.
Unless otherwise authorized by the Police Department, vehicular traffic
shall be maintained at all times during the progress of the work being
performed under the permit.
d.
Permittees shall notify the Police Department of the construction
and street operations that require street closing permits at least
twenty-four (24) hours in advance of the commencement of nonemergency
work.
e.
The permittee shall be responsible for keeping the construction area
as clean and neat as possible during the permit life. No material
shall restrict water flow in gutters. All possible arrangements for
the safety of the general public shall be maintained. Every effort
shall be made to keep the pavement opening dimensions to an absolute
minimum.
f.
Traffic.
1.
No more than one (1) lane of traffic may be obstructed, except as
provided by Edison Police Department stipulation.
2.
It shall be the duty of the permittee to properly guard the excavation
by the execution of suitable barriers by day and lights by night and
permittee shall be liable for any neglect to safeguard the traveling
public.
3.
All unattended street openings or excavations in a driving lane,
including intersections, shall be plated. In the case of gas or steam
leak, barricades in accordance with the New Jersey or Federal Manual
on Uniform Traffic Control Devices shall be used until the leak is
corrected.
4.
Barricades, signs, lights and other approved safety devices shall
be displayed in accordance with the New Jersey or Federal Manual on
Uniform Traffic Control Devices.
5.
The permit may restrict street operations and construction within
the critical areas to nights, weekends or off-traffic hours.
6.
Flagpersons. Permittees whose work results in the closing of a moving
traffic lane, which requires traffic to be diverted to another lane,
shall, at all times when actively working at the site, post a flagperson
or utilize an authorized plan for the maintenance and protection of
traffic at the point where traffic is diverted to assist motorists
and pedestrians to proceed around the obstructed lane.
g.
Temporary Closing of Sidewalks. A minimum of four (4) feet sidewalk
width of unobstructed pedestrian passageway shall be maintained at
all times. Where openings and excavations do not allow for four (4)
feet of unobstructed pedestrian passageway, a temporary sidewalk closing
plan should be submitted to the Department of Public Works.
h.
Work Site Maintenance.
1.
All excavated material shall be removed from the site or stockpiled
at a designated curb, properly barricaded in accordance with the Federal
Manual on Uniform Traffic Control Devices and stored to keep gutters
clear and unobstructed.
2.
All obstructions on the street shall be protected by barricades,
fencing or railing, with flags, lights or signs in accordance with
the Federal Manual on Uniform Traffic Control Devices placed at proper
intervals and during the hours prescribed. During twilight hours the
flags shall be replaced with amber lights.
[Added 8-25-2021 by Ord. No. O.2114-2021]
Before any street is improved or paved, the Department of Public Works shall give notice to all persons owning property abutting on the street and to all public utilities and authorities operating in the Township that the street is about to be paved or improved. All connections and repairs to utilities in the street and all other work which requires excavation of the street shall be completed within forty-five (45) days from receipt of notice. The time for the completion of the work may be extended, in writing, by the Director of the Department of Public Works upon application by the person performing the work. This section shall not excuse any person from the requirement of obtaining a permit as provided in subsection 19-1.1.
[Added 8-25-2021 by Ord. No. O.2114-2021]
a.
The Township, in an attempt to preserve the integrity of recently
repaved streets, will not issue a street opening permit for a street
that has been repaved with the last five (5) years except in an emergency
or where the public health or safety requires the performance of the
work in question. The five (5) year road moratorium will require the
permittee to install the finished pavement surface to like-new conditions
by the use of infrared pavement technology, full width milling and
paving operations or any other measures as recommended by the Township
Engineer.
b.
In cases where the street has been repaved within the last five (5) years the extent of finished pavement surface repairs will extend beyond the repair limits so that a natural transition will occur as described in subsection 19-1.7b1 above. Inspection and bonding requirements specific to this item shall be adjusted per site disturbance and shall be overseen by the Township Engineering Department. The permittee shall post the necessary bonding and escrow inspection fees for the Township Engineering Department to properly oversee the construction improvements. The Township shall pay from the escrow deposit any costs incurred by its designated representative(s) or professional consultant(s) for inspection, other engineering services or legal services required in connection with the proposed opening, excavation, backfilling or final paving at the rate established with the Township. If the escrow deposit fee is or will become insufficient to cover all costs incurred by the designated representative(s) or professional consultant(s) for said services, additional escrow deposit fees shall be estimated by the Director of the Department of Public Works and the Township Engineer based on the scope of improvements necessary to install the finished pavement surface to like-new conditions. This procedure shall be repeated as often as necessary to guarantee sufficient escrow deposit fees being available. Upon completion and acceptance of the area by the Township, if any escrow balance remains then the balance shall be forthwith returned to the applicant.
[Added 8-25-2021 by Ord. No. O.2114-2021]
Any person who shall willfully violate any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5, and each day's failure to comply with any such provision shall constitute a separate violation.
In cases where the street has been repaved within the last five
(5) years and is under the Five-Year Roadway Disturbance Moratorium,
any person who shall willfully violate any provision of this section
specific to said moratorium, shall be fined a minimum of fifteen thousand
($15,000) dollars, if the excavation occurs within the first three
(3) years post construction; twelve thousand five hundred ($12,500)
dollars if the excavation occurs within year four (4) post construction;
ten thousand ($10,000) dollars in excavation occurs within year five
(5) post construction. Fines may be increased depending upon the severity
of the violation and if the offender does not utilize the guidelines
set forth within this ordinance. Each day's failure to comply
with any such provision shall constitute a separate violation.
In addition, the Township reserves the right to increase the
fine to the equivalent cost for milling and repaving the roadway (minimum
of two inches as determined by the Engineering Department) at the
time of the disturbance. The extent and limits will be as determined
by the Township Engineer. The fine shall be calculated utilizing the
most recent public bid prices for paving operations within the Township
of Edison.
[1999 Code § 12.08.010]
The owner or owners, occupant or occupants, tenant or tenants
of premises abutting or bordering upon any street in the Township
shall remove all snow and ice from the abutting sidewalks of such
streets or, in the event of ice which may be so frozen as to make
removal impracticable, shall cause the same to be thoroughly covered
with sand or ashes, within twelve (12) hours of daylight after the
same shall fall or be formed thereon.
a.
No owner or operator of premises having parking spaces reserved for
handicapped drivers, and no tenant, contractor or other person may
block access to such parking stalls reserved for handicapped drivers
by plowing, piling or placement of snow or ice in such spaces.
[1999 Code § 12.08.020]
The owner or owners, occupant or occupants, tenant or tenants
of premises used by the public or business invitees shall remove all
snow and ice from the sidewalks, streets and parking areas used by
the public in the transaction of business thereat or, in the event
of ice which may be so frozen as to make removal impracticable, shall
cause the same to be thoroughly covered with sand or ashes, within
twelve (12) hours of daylight after the same shall fall or be formed
thereon.
[1999 Code § 12.08.030]
In case such snow or ice shall not be removed from such sidewalks or public and business areas as provided in subsections 19-2.1 and 19-2.2, the same may be removed forthwith and under the direction of the Director of Public Works, and the cost of such removal as nearly as can be ascertained shall be certified by the Director of Public Works to the Governing Body. The Governing Body shall examine such certification and if found to be correct shall cause such cost to be charged against such real estate so abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien and a tax upon such real estate or land and be added to, recorded and collected in the same way and manner as the taxes next to be levied and assessed upon such premises and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or fines imposed by the provisions of this section shall not constitute any bar to the right of the Township to collect the cost as certified for the removal of said snow or ice in the manner authorized.
[1999 Code § 12.08.040]
This section is adopted pursuant to the authority conferred
by N.J.S.A. 40:65-12.
[1999 Code § 12.08.050; New; Ord.
No. O.1859-2014]
Any person, firm or corporation violating any of the provisions
of this section shall be liable to a fine of fifty ($50.00) dollars
for a first offense, one hundred ($100.00) dollars for a second offense
and two hundred ($200.00) dollars for any subsequent offense. Each
and every day in which said violation exists shall constitute a separate
violation.
[1999 Code § 12.08.060]
This section is authorized by N.J.S.A. 40:48-2.47 and shall
apply only to the owners of real property on which there has been
constructed a multiple-dwelling housing development containing three
(3) or more units of dwelling space which are occupied or are intended
to be occupied by three (3) or more persons who live independently
of each other.
[1999 Code § 12.08.070]
The owner or owners of any multifamily dwelling complex as described in subsection 19-3.1 above, which complex contains any private street, driveway, parking lot, highway, lane, alley or other roadway which is open to the public or to which the public is invited, shall remove all snow and ice from such streets, driveways, parking lots, highways, lanes, alleys or other roadways within twelve (12) hours of daylight after the same shall fall or be formed thereon.
[1999 Code § 12.08.080]
The owner or owners of any multifamily dwelling complex as described in subsection 19-3.1, which complex contains any sidewalk open to the public or to which the public is invited, shall remove all snow and ice from such sidewalks or, in the event of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand and ashes within twelve (12) hours of daylight after the same shall fall or be formed thereon.
[1999 Code § 12.08.090]
Any owner or owners who fail to comply with the requirements hereinabove set forth shall be liable, upon conviction of a complaint in the Municipal Court, to a fine of up to two hundred fifty ($250.00) dollars for a first offense and to the penalty stated in Chapter I, Section 1-5 for subsequent offenses. Each twenty-four (24) hour period (calendar day) following the twelve (12) hour period described in subsection 19-3.2 may be considered a separate violation.
[Ord. No. O.1598-2007§ 2; Ord. No. O.1657-2008§ I; Ord. No. O.1938-2016]
a.
It is the duty of any owner of abutting lands in the Township to
construct, repair, alter or relay any sidewalk, curb, gutter or drywell,
or section thereof.
b.
In the event that a sidewalk, curb, gutter or drywell falls into
disrepair, the Department of Public Works, may by resolution presented
to the Township Council, cause a notice in writing to be served upon
the owner or occupants of said lands, requiring the necessary specified
work to said sidewalk, curb, gutter or drywell to be done by the owner
or occupant within a period of not less than thirty (30) days from
the date of service of such notice. Whenever any lands are unoccupied
and the owner cannot be found within the Township, the notice may
be mailed, postage prepaid, to his, her or its post-office address
if the address can be ascertained. In the case where the owner is
a nonresident of Edison Township or his, her or its address cannot
be ascertained, then the notice may be inserted for four (4) weeks,
once a week in a local newspaper.
c.
In the event the owner or occupant of such lands fails to comply
with the requirements of the notice, it shall be lawful for the Department
of Public Works, upon the filing due proof of service or publication
of the aforesaid notice to cause the work to be done and paid out
of the municipal funds available for that purpose. The Department
of Public Works shall certify the cost of such work. Upon the filing
of a certificate, the amount of the cost of work shall become a lien
upon the abutting lands in front of where such repairs took place.
d.
In the event that the property owner fails to satisfy the lien on
said property, the Township reserves the right to collect said funds
from the property owner in a court having competent jurisdiction.
e.
Exception. The Township Council may provide for the repair or reconstruction
of any sidewalk, curb, gutter or drywell at public expense under the
conditions hereinafter stated; both of which much exist:
1.
When any sidewalk, curb, gutter or drywell previously constructed
or reconstructed as a local improvement under N.J.S.A. 40:65 et seq.
is dilapidated or in need of repair or reconstruction, where such
condition is not attributable to the acts of negligence of the abutting
property owner or his predecessor in title nor that of any one for
whose acts or negligence they are chargeable; and
2.
When the abutting property owner or his predecessor in title shall
have paid within twenty (20) years then last past, or shall pay, in
full with interest all the assessment for the laying or relaying of
sidewalk, curb, gutter or drywell in front of his property (at least
to the extent that the installments of such assessments are then due.)
3.
The Planning Board and/or Board of Adjustment shall not grant any
requests for waivers for any property within a two (2) mile radius
of any school property line. Any property outside the two (2) mile
radius of any school property line, an applicant seeking a waiver
from the required sidewalk installation pursuant to Chapter XIX and/or
the Code will be considered on the basis of whether the requested
waiver is reasonable and within the general purposes and intent of
the Chapter XIX and/or the Code, and/or that literal enforcement of
Chapter XIX and/or the Code is impractical and will exact undue hardship
because of the peculiar conditions pertaining a certain property and
can be granted without substantial detriment to the public good and
without substantially impairing the intent and purpose of the Township's
Master Plan and Zoning Ordinances and redevelopment plan if applicable.
[Ord. No. O.1938-2016]
f.
Curbs, Sidewalks and Gutter Improvements. Notwithstanding anything to the contrary as set forth in paragraphs a. through e. of this Section 19-4, the Township may undertake as a local improvement under N.J.S.A. 40:56-1 et seq., the cost of which, or a portion thereof, may be assessed upon the lands in the vicinity thereof benefited thereby, the repair and/or installation of a sidewalk and the curbing or recurbing, guttering or reguttering of a sidewalk in, upon or along a street, alley or other public highway, or portion thereof on a priority of needs basis as determined by the Township based upon the Maser Consulting Group study entitled "Township of Edison Curb and Sidewalk Management System" dated August, 2005, revised October, 2005. The procedures set forth in N.J.S.A. 40-56-1 et seq. for the undertaking of such local improvement shall govern. The Township's Director of the Department of Public Works shall determine priorities for the undertaking of any such local improvement based upon the condition of such curbs, sidewalks and gutters and any other practical considerations he or she may deem appropriate under the circumstances. The Director of the Department of Public Works shall provide his or her recommendations to the Township Council in writing in connection with any local improvement appropriation ordinance. The Township Council may, by resolution, provide that the owner of any real estate upon which any assessment for such improvements shall have been made may pay such assessments in such equal yearly or quarterly installments, not exceeding ten (10) years in duration, with legal interest thereon (not to exceed three (3%) percent) and at such time in each year as the Township Council shall determine. The Township Council may fix the yearly installments in such amount as in its opinion are equitable and just.
g.
Low and Very Low Income Subsidy. The Township may subsidize the payment
of up to one hundred (100%) percent of the cost of the repair or reconstruction
of any sidewalk, curb or gutter which is dilapidated or in need of
repair or reconstruction for any single family dwelling occupied by
a household meeting the Council on Affordable Housing ("COAH") Region
3 low income and very low income limits in the year in which the application
is made for such subsidy. The Township may also subsidize fifty (50%)
percent of the cost of the repair or reconstruction of any sidewalk,
curb and gutter which is dilapidated or in need of repair or reconstruction
for any single-family dwelling occupied by a household meeting up
to two (2) times the COAH Region 3 moderate income limits in the year
in which the application is made for such subsidy. Eligibility for
any such subsidiary shall be determined by the Department of Planning
and Engineering which shall certify such eligibility to the Director
of the Department of Public Works. The amount of any subsidy provided
to any household certified as to income eligibility by the Department
of Planning and Engineering shall be dependant upon the overall amount
of funding available in the Township's sidewalk, curb, gutter and
drywell waiver fund or in any Township capital improvement fund. The
Director of the Department of Public Works shall require, as a condition
to the release of any funds to an income eligible household, the presentation
of a written proposal from a reputable contractor who shall perform
the work. The Director of the Public Works may reject any proposal
which he determines, in his or her reasonable discretion, is not appropriate
to perform the work. Once the proposal has been approved by the Director
of Department of Public Works, payment shall be as specified by the
Director of the Department of Public Works.
[Ord. No. O.1980-2017]
Before a public utility places, replaces or removes a pole or
an underground facility located in the Township of Edison, the public
utility shall notify both the Township Engineer and the Township Code
Official in writing, which may be by fax or e-mail, at least, but
not less than, twenty-four (24) hours before undertaking any excavation
related to the placement, replacement or removal of the utility pole
or underground facility, which pole or underground facility is used
for the supplying and distribution of electricity for light, heat
or power, or for the furnishing of water service or telephone, television
or other telecommunications service on or below a public right-of-way
in the Township. The Township Council of the Township of Edison shall
notify any public utility that provides service in the Township of
the application of the provisions of this section.
For the purposes of this section, underground facility means
one (1) or more underground pipes, cables, wires, lines or other structures
or conduits used for the supplying and distribution of electricity
for light, heat or power or for the providing of water service, or
for the furnishing of telephone, television or other telecommunications
service.
[Ord. No. O.1980-2017]
After completing the placement, replacement or removal of a
pole or an underground facility pursuant to this section, the public
utility shall remove from such right-of-way any pole or underground
facility no longer in use, as well as any other debris created from
such placement, replacement or removal, including without limit any
wires or appurtenances to any such replaced or removed pole or underground
facility, and restore the property including, but not limited to,
the installation of a hot patch as needed to restore the property
within the right-of-way to its previous condition as much as possible.
As used in this section, hot patch means the installation of a mixture
of asphalt to restore property within the right-of-way to its previous
condition subsequent to the construction or excavation of a site required
for the placement, replacement or removal of a pole or an underground
facility pursuant to this section.
[Ord. No. O.1980-2017]
For the purposes of this section, pole means, in addition to
its commonly accepted meaning, any wires or cable connected thereto,
and any replacements therefor which are similar in construction and
use.
[Ord. No. O.1980-2017]
In the event a public utility does not meet the requirements of subsection 19-5.2 of this section concerning the removal of debris, including without limit any wires or appurtenances to any such replaced or removed pole or underground facility, and the restoring of property including, but not limited to, the installation of a hot patch, within a right-of-way to its previous condition within ninety (90) days of placement, replacement or removal of a pole or an underground facility, said public utility will be fined up to an amount not to exceed one hundred ($100.00) dollars each day, until the requirements of subsection 19-5.2 are met, except that if the public utility is unable to complete the installation of a hot patch due to the unavailability of asphalt material during the period of time from November through April, the public utility shall not be required to complete the hot patch installation until sixty (60) days immediately following the end of the November through April period. At least five (5) business days prior to the end of the ninety (90) day period established by this subsection, the Township shall notify the public utility that the penalties authorized by this subsection shall begin to be assessed against the utility after the end of the ninety (90) day period, unless the utility complies with the requirements of subsection 19-5.2 of this section. Any penalty imposed shall be collected or enforced in a summary manner, without a jury, in any court of competent jurisdiction according to the procedures provided for by the New Jersey Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq. The Superior Court, Middlesex County and the Edison Township Municipal Court shall have jurisdiction to enforce the provisions of this section. In the case of removal or replacement of a pole or an underground facility utilized by two (2) or more public utilities, the public utility last removing its pipes, cables, wires, lines or other structures shall be liable for the removal and restoration required under subsection 19-5.2 of this section, unless a written agreement between the public utilities provides otherwise.
[Ord. No. O.1980-2017]
Under emergency conditions which significantly impact the placement, replacement or the removal of a pole or underground facility resulting from natural forces or human activities beyond the control of the public utility, or which pose an imminent or existing threat of loss of electrical, water, power, telephone, television or other telecommunication service, or which pose an imminent or existing threat to the safety and security of persons or property, or both, or which require immediate action by a public utility to prevent bodily harm or substantial property damage from occurring, the provisions of subsection 19-5.1 of this section shall not apply when a public utility undertakes any construction or excavation related to the placement, replacement or removal of a pole or an underground facility in response to such an emergency, provided that the public utility undertaking such construction or excavation notifies the Township Engineer and the Township Code Official at the earliest reasonable opportunity, and that all reasonable efforts are taken by the public utility to comply with the removal and restoration requirements of subsection 19-5.2 of this section after responding to the emergency.
