[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 8-67,
9-75, 17-91, 95-14, 2012-07, 2015-05.
[Ord. No. 2017-13]
As used in this chapter:
Shall mean any individual, corporation, partnership, joint
venture, firm or other legal entity, and the singular shall include
the plural.
Shall mean the surface of any pedestrian walkway within a
street right-of-way and parallel thereto whether such surface is of
concrete, macadam, stone, gravel, flagstone, slate or other material.
Shall mean any street or road shown upon the Tax Map of the
Township and shall include all parts of the full right-of-way thereof
as shown thereon.
Shall mean the surface of any street right-of-way which is
available for vehicular travel whether such surface is of concrete,
macadam, stone, gravel, dirt or other material.
[Ord. No. 2017-13]
No person shall cause:
a.
Any earth, soil, stone, rock, dirt, mud, dust, wastes, debris or
other material of any kind whatsoever to be placed, spilled, dropped,
thrown, scattered, blown, tracked, washed by water or otherwise deposited
upon any street unless such material shall be removed as soon as reasonably
practicable in a manner that will leave the street in an unobstructed,
safe and clean condition;
b.
Any water to flow upon any street pavement or sidewalk pavement,
subject to freezing conditions;
c.
Any damage to any tree or plantings within any street;
d.
Any bulldozer, grader, street roller, backhoe or other vehicle or
equipment having metal cleated treads to be operated upon, across
or along the surface of any street pavement or sidewalk pavement;
e.
Any bulldozer, grader, sheet roller, backhoe or other vehicle or
equipment to be operated upon, across or along any street pavement,
street curbing or sidewalk pavement, unless adequate means are used
to prevent any damage to such pavement or curbing;
f.
Leaves or other material to be burned upon any street pavement or
sidewalk pavement; or
g.
Any culvert, gutter, storm drain or catch basin to be blocked, obstructed
or interfered with in any manner.
[Ord. No. 2017-13]
No person shall, unless such person shall have a currently valid
permit issued pursuant to the provisions of this section:
a.
Make any opening or excavation in, or disturb the surface of any
street;
b.
Construct, install, repair, remove, alter or otherwise affect any
street pavement, sidewalk pavement, curb, gutter, culvert, catch basin,
manhole, storm sewer, sanitary sewer, pipeline, conduit, underground
cable, or any connection with any of the foregoing, in, upon, over,
under or along any street; or
c.
Erect, place or maintain any barricade, barrier, wire, cable or other
object in, upon, across, along or above any street; unless such person
shall have a currently valid permit therefor issued pursuant to the
provisions of this section.
d.
Construct, install, alter or otherwise affect any utilities within
a municipal easement.
[Ord. No. 2017-13]
Notwithstanding any provision of this section, this section
shall not apply to the installation of overhead electric and telephone
wires, cables and poles by public utility companies, to work within
a street solely for the purpose of the maintenance of earth surface,
or to work related to sanitary sewer installation or maintenance,
provided that the street pavement or sidewalk pavement is not affected.
[Ord. No. 2017-13]
a.
County Roads. Application for a permit to open or do any work upon
a County road shall be made directly to the County of Morris and the
applicant shall comply with all County rules and regulations and the
special terms and conditions of any permit issued by the County of
Morris.
b.
Township Streets, Right-of-Ways, and Easements.
1.
Form of Application. Every application for a permit to undertake any of the activities enumerated in subsection 19-1.3 of this chapter shall be made on forms obtained from the office of the Construction Code Official.
2.
Application shall be made in writing for a permit for any excavation
within any roadway, the maintenance of which is the responsibility
of the Township, for any purpose whatsoever. The application shall
state the purpose of the excavation, namely, sewer, water, gas, telephone
or any other purpose. The application shall be accompanied by an engineered
plan, or sketch, drawn to scale, of the area to be disturbed, including
proposed dimensions and restoration details, and shall also be accompanied
by an application.
3.
Submission of Plans. The permittee shall submit an engineering plan
or sketch in duplicate to the Township for approval. The plan shall
have sufficient details to illustrate the proposed work to be performed.
All temporary stock-piling areas and equipment storage areas shall
also be identified on the plan.
4.
Review of Application. The Township Engineer or Director of Public Works shall review every application and either approve the issuance of a permit, with or without modifications or conditions endorsed thereon, or disapprove the application for reasons endorsed thereon. Whenever the issuance of a permit is approved, the Township Engineer shall calculate the fee therefor in accordance with the provisions of subsection 19-1.6b of this chapter.
5.
No opening or excavation shall be permitted within the surface of
any public road, street or right-of-way under the control of the Township
upon which a permanent pavement has been placed within five years
of the date of the application of such pavement, except in the event
of an emergency. Notwithstanding the foregoing, the Township Engineer
may issue a permit for a road opening or excavation on a public road,
street or right-of-way upon which a permanent pavement has been placed
within less than five years from the date of application upon a demonstration
by the applicant that denial of the permit would cause undue hardship.
6.
Street openings within the paved or improved surface of any road,
street or right-of-way shall be restricted between November 1 and
April 15, except that the Township Engineer, after consultation with
the Superintendent of Public Works, shall have the authority to waive
these requirements in instances where he determines that suitable
weather conditions exist.
[Ord. No. 2017-13]
a.
Issuance of Permit. Upon approval of the issuance of a permit by
the Township Engineer or Director of Public Works, the Township Clerk
shall issue the permit upon payment of the fee required by paragraph
b., and filing of the certificate of insurance required by paragraph
c., below. The application and any modifications or conditions shall
constitute the terms of the permit issued.
b.
Fee. Application shall be made in writing for a permit for any excavation
within any roadway, the maintenance of which is the responsibility
of the Township, for any purpose whatsoever. The application shall
state the purpose of the excavation, namely, sewer, water, gas, telephone
or any other purpose. The application shall be accompanied by an engineered
plan, or sketch, drawn to scale, of the area to be disturbed, including
proposed dimensions and restoration details, and shall also be accompanied
by an application fee of $100 and an escrow deposit to cover the costs
of inspections of:
1.
$300 for all openings up to 50 linear feet.
2.
$500 for all openings consisting of from 50 to 100 linear feet.
3.
$1,000 for openings more than 100 linear feet.
If a hardship waiver is obtained for a road opening permit where
the road was paved within five years, the permit fee shall be increased
as follows:
c.
Certificate of Insurance. Every person, including a public utility
company, to whom a permit is issued pursuant to this section shall
file a certificate of insurance naming the Township as an additional
insured showing that the person or persons performing the work for
which the permit is issued is currently insured as follows:
1.
Workers Compensation Insurance as required by the laws of the State
of New Jersey.
2.
Employer's Liability Insurance with limits equal to or greater than
that of the Workers Compensation Insurance.
4.
Commercial Umbrella or Excess Liability Insurance equal to or greater
than $1,000,000.
5.
Commercial Automobile Liability with limits not less than $1,000,000
combined single limit.
d.
Expiration of Permit. Every permit shall state thereon the date by
which the work covered by the permit shall be completed, and the permit
shall expire upon such date or six months after the approval of the
permit whichever occurs later.
e.
Performance Guarantee. Whenever any street pavement or sidewalk pavement
is to be opened or excavated, the applicant shall deposit an additional
amount calculated as follows:
1.
No person shall be granted a permit to open any street or roadway
or do any work within a Township right-of-way unless a restoration
deposit in accordance with the following schedule has been submitted
to guarantee the proper restoration, replacement or repair of property
damaged or destroyed by the permittee:
2.
The minimum required deposit shall not be less than $500 and the
Township Engineer may require deposits in excess of those listed above
when, in his opinion, costs will exceed the stipulated amounts.
3.
In lieu of posting a cash guarantee for the restoration deposit,
the permittee may post a combination of cash and surety bond or irrevocable
letter of credit, except that the minimum deposit of $500, shall be
cash only. The cash portion shall be not less than 50% of the total
amount required and in the form of a certified check or money order.
The remaining balance shall be guaranteed by the posting of a surety
bond or an irrevocable letter of credit in form satisfactory to the
Township Attorney. Upon written request by a permittee, the Township
Engineer shall cause an inspection of the excavation to be made and
shall submit his recommendations to the Township Council for determination
of a satisfactory restoration deposit.
4.
In the event that a utility company or other similar entity will
be regularly excavating within the Township, a restoration deposit
in the form of a surety bond may be posted with the Township Clerk.
The form and amount of said bond shall be approved by the Township
Engineer prior to the issuance of any street opening permits.
The purpose of this guarantee is to ensure the Township's ability
to restore the disturbed pavement to its original or better condition
upon the applicant's inability or perform same. The guarantee may
be in the form of cash, certified check, or bond acceptable to the
Township Attorney.
[Ord. No. 2017-13]
Copies of approved applications, permits and any extensions
thereof shall be forwarded by the Township Clerk to the Township Engineer,
the Manager of the Department of Public Works, and Chief of Police.
If any contemplated project will completely obstruct any thoroughfare or make a length of more than 200 feet of any thoroughfare inaccessible for vehicular traffic for a period in excess of 24 hours, then a period of not less than 72 hours shall elapse after the issuance of the permit before the operation may be started. Unless otherwise approved by the Township Engineer, where an excavation is to extend the full width of the road, only 1/2 of the excavation shall be made at one time, and shall be properly backfilled in accordance with subsection 19-1.8 of this chapter before the other half is excavated.
[Ord. No. 2017-13]
a.
General. A permit issued pursuant to this section does not carry
with it any right to make connections with any sanitary sewer or public
utility. Separate permits to make such connections must be obtained
from the Township Clerk or utility company concerned.
Whenever the work done under any permit requires that water, gas or other public utility services will be interrupted, the person to whom the permit has been issued under subsection 19-1.6 of this chapter shall notify affected users of the periods of time when the services will not be available. Such notice shall be delivered in writing at least 24 hours prior to the interruption of service.
The applicant shall notify the Township Engineer and the Department
of Public Works of its intent to commence any work in the Township's
right-of-way no later than 48 hours prior to the commencement of work.
The applicant shall supply a current New Jersey "One-Call" confirmation
number, to document compliance with the underground utility location
law.
b.
Traffic Protection. Every person to whom a permit is issued pursuant
to this section shall be responsible for protecting both vehicular
and pedestrian traffic from accident or injury. Such person shall
provide suitable barriers, notices, caution signs, and nighttime flashing
lights. All signs and signals shall be in accordance with the provisions
of Title 39 of the New Jersey Statutes and amendments and supplements
thereto.
c.
Inspection of Work. The Township Engineer may determine that the
nature of the proposed work requires inspection to insure that the
approved plans and specifications are complied with.
d.
Backfill and Replacement of Pavement. Every person to whom a permit is issued pursuant to this section shall backfill any excavation with temporary or permanent pavement in accordance with subsection 19-1.11.
e.
Conformance to Residential Site Improvement Standards. Every person
to whom a permit is issued pursuant to this section shall perform
any and all work to the Residential Site Improvement Standards as
set forth at N.J.A.C. 5:21-1.1 et seq., the provisions of which are
incorporated herein as though set forth at length.
f.
As-Built Drawing. If deemed necessary, upon completion of the entire
work, the permittee shall file plans with the Township Engineer showing
in full detail all the completed work.
[Ord. No. 2017-13]
The Township Engineer shall inspect the completed work no later
than two years following inspection and completion of the work and
determine whether additional work is necessary to correct any construction
or road condition deficiencies that may have become apparent. If additional
work is deemed necessary, the Township Engineer shall notify the applicant
by certified mail of the applicant's obligation to perform the additional
work.
Failure of the applicant to make required repairs within 10
days of the date of the above-referenced certified mailing will authorize
the Township to make such repairs and utilize the performance guarantees
as well as to secure from the applicant any additional monies that
may be needed to restore the street properly according to the Township
Engineer.
The Township shall be authorized to make such immediate repairs
as may be necessary to correct emergency road conditions resulting
from any road opening work at the cost of the applicant.
[Ord. No. 2017-13]
a.
It shall be the duty of the permittee to properly guard any excavation
and storage piles by erecting suitable bafflers during the day and
lights during the night, or warning signs and by providing a watchman
if deemed necessary by the police and/or the Superintendent of Public
Works, or his designee, and/or the Township Engineer. All traffic
control devices used on road or street construction or maintenance
work shall conform to Chapter IV, "Work Zone" of the Manual on Uniform
Traffic Control Devices (MUTCD). The permittee shall be liable for
any neglect in safeguarding the traveling public. If the excavation
extends the full width of the road, only one-half of the excavation
shall be made at one time which shall be backfilled before the other
half is excavated, so as not to interfere with traffic.
b.
The plan for proposed interruptions or detouring of traffic shall
be submitted to the Police Department for approval. Permittee shall
notify the Municipal Clerk, Police Department, Fire Department, Emergency
Medical Services and Transportation Coordinator of all boards of education
serving the project area of approved traffic detour plans at least
48 hours prior to their implementation. Interference with pedestrian
or vehicular traffic shall be reduced to a minimum and no greater
part of the roadway shall be opened at any time than that approved
by the Engineer. Transverse openings shall be restricted so that not
more than one-half of the traveled way shall be obstructed at any
time. Work shall be scheduled and executed to present a minimum of
inconvenience to the public. Where feasible, transverse subsurface
installations shall be made by the boring or jacking method. Steel
plates shall be used as a protection on openings maintained overnight
in the traveled way.
[Ord. No. 2017-13]
a.
Any Township road surface, sidewalk, curb, gutter, shoulder or grassed
areas disturbed or destroyed by the permittee shall be restored by
the permittee at his cost and expense to the same or better condition
than it was before commencement of the work. No roads shall be encumbered
for a longer period than is necessary to execute the work. If the
work is not completed to the satisfaction of the Township Engineer
within a reasonable time, and after due notice to the permittee, the
Township Public Works Department may finish the work and deduct the
cost of the same from the total deposit. After the work is completed
by the Township, any balance remaining from the total escrow deposit
shall be returned to the permittee.
b.
The entire excavation shall be backfilled with dense graded aggregate,
or other suitable, well-drained, select material. The Township Engineer
shall approve all backfill material used by the permittee. The backfill
material shall be placed and tamped in layers not exceeding one foot
in depth.
c.
Temporary pavement replacement shall be completed daily. During the
interval between completion of backfill and the time of placement
of base paving, all areas shall be maintained in a safe and satisfactory
condition for normal traffic use. This shall be done by the use of
minimum twelve-inch thickness of dense graded aggregate (DGA) or an
approved equal. All new pavement replacement shall be made in kind,
except that in no case shall it be less than a total of six inches
compacted thickness. Unless otherwise directed by the Township Engineer,
temporary pavement shall consist of six-inch compacted thickness bituminous
stabilized base course (NJDOT No. I-2) applied and rolled over a six-inch
thickness of DGA to remain permanently in place as a sub-base. The
finish surface of this course shall be brought to the existing pavement
elevation. Pavement replacement in areas requiring more than six inches
overall thickness shall consist of a minimum of three lifts of asphalt,
and in no case shall one individual lift exceed four inches compacted
thickness. The temporary pavement shall remain in place for a minimum
of six months.
d.
After the approved settlement period, the permittee shall complete
final restoration by using a milling machine to remove the top two
inches of temporary pavement and a six-inch width of the existing
pavement along either side of the road opening. The milling shall
be conducted so as to produce clean and straight edges. The temporary
surface shall be broom swept free of dirt and debris. The existing
temporary pavements surface shall receive a tack coat of asphaltic
oil, Grade RC-O, or emulsified asphalt, Grade RS-1. The surface course
shall then be placed and rolled even with the existing pavement. A
two-inch thick (compacted thickness) bituminous concrete surface course
of FABC Mix I-5 top (NJDOT No. I-5) shall be placed thereon, adequately
crowned to provide drainage.
e.
For gravel surfaces, the surface course shall be six inches compacted
thickness of Type 5, Class A, soil aggregate, or dense graded aggregate
(DGABC).
f.
All materials and methods of construction shall comply with the New
Jersey Department of Transportation Standard Specification for Road
and Bridge Construction, dated 2007, and all revisions and amendments
thereto.
g.
Unless otherwise approved by the Township Engineer, all construction
details shall comply with New Jersey Residential Site Improvement
Standards.
h.
When it becomes necessary to open the paved section of any road,
such opening shall not be less than two feet wide nor more than three
feet at the top, nor shall any opening be less than eight feet square
and the sides of such opening shall be perpendicular at the top converged
towards the bottom so that the width at the bottom shall be less than,
but not greater than, the width at the surface of the pavement.
i.
The permittee shall cut all pavement with saw or other equipment
approved by the Engineer prior to excavation. The permittee shall
cut back existing pavements using a milling machine, or equal means,
to produce straight and clean lines along the existing pavement prior
to placing final pavement.
j.
Shoulders shall be replaced in kind or as otherwise directed by the
Engineer. Where conditions require, surface treated gravel shoulders
or any portion thereof shall be restored by applying two inches of
bituminous material in place of the oil treatment. The base of all
shoulders shall be restored as originally constructed.
[Ord. No. 2017-13]
Street openings may be made without the necessity of a written
application in emergency situations, such as broken or frozen water
mains or ruptured gas mains or other situations which would endanger
public life, health and safety, provided that notice shall be immediately
given to the Police Department and Department of Public Works and
that written application for a permit shall be made to the Department
of Public Works for approval by the Township Engineer as soon as practical
and, in any event, not exceeding 48 hours from the start of the excavation.
The Township Engineer may impose special conditions to restore the
structural integrity of the new pavement.
[Ord. No. 2017-13]
a.
No person shall place material of any description whatsoever, or
vehicles or other equipment of any nature, upon any road or street,
so as to interfere with the flow of water along the gutters or with
traffic.
b.
No excavation shall be opened for a distance of more than 200 feet
at any single time. All excavations shall be backfilled and all equipment
removed from the public right-of-way at the end of each day's work
and at such times as may be required for noninterference with snow
removal.
c.
The Township Engineer, Department of Public Works and the Police
Department shall be notified 48 hours in advance of the exact time
of starting work on all excavations, and 72 hours in advance of the
replacement of the pavement base and surface courses.
d.
All work performed and material furnished shall be in compliance
with the rules, regulations and specifications of the Township.
e.
Work shall be completed to eliminate interference with subsurface
utilities and their appurtenances unless permission for interference
has been obtained from the proper authorities. No excavation which
could endanger or damage trees or shrubbery shall be made without
the Engineer's approval. Blasting is not generally approved and will
only be permitted by special consent of the Township Engineer.
f.
The Township Engineer reserves the right to impose special conditions
when warranted.
g.
The permittee shall indemnify and hold harmless the Township of Chatham,
its officers, employees and agents against all suits and costs of
every name and description and from all damages and injuries.
h.
If required by the Township Engineer, permittee shall provide adequate
public notice, to all impacted roads, not later than 72 hours prior
to the construction.
[Ord. No. 2017-13]
The Township Engineer is hereby designated as the officers to
enforce the provisions of this section. This provision shall not,
however, be construed as depriving members of the Township Police
Department of the power to prosecute violations of this section.
[Ord. No. 2017-13]
Any person who violates any of the provisions of this section
or who fails to comply with any of the requirements hereof shall be
liable to a fine of not more than $200 or to imprisonment for not
more than 90 days, or to both such fine and imprisonment. Each and
every day such violation continues shall be considered a separate
offense.
[Ord. No. 2015-05]
a.
Mailboxes.
1.
Posts, stanchions or other support upon which mail-boxes are placed
may be located in the Rights-of-Way in accordance with United States
Post Office Regulations. Mailboxes which exceed United States Post
Office Regulations are not a permitted structure and remain in the
Rights-of-Way solely at the expense and liability of the abutting
property owner.
2.
Should the Township, through its required maintenance activities,
destroy a post and/or mailbox properly placed in the Rights-of-Way,
the Township may reimburse the property owner the sum of $50 for parts
and labor or replace and install the post and/or mailbox with one
of the Township's selection. The property owner shall notify the Township
in writing whether the property owner seeks payment of $50 or replacement
as provided herein.
[Added 5-13-2021 by Ord.
No. 2021-11]
As used in this section, the following terms shall have the
meanings indicated:
The cost of processing an application for a right-of-way
permit, including, but not limited to, all professional fees such
as engineering and attorney costs incurred by the Township.
A small box-like or rectangular structure used to facilitate
utility or wireless service from within the municipal right-of-way.
The part of the electric system, after the transmission system,
that is dedicated to delivering electric energy to an end user.
A pole that is in lawful existence within the municipal right-of-way.
A cabinet that is not attached to an existing pole and is
touching or directly supported by the ground.
The surface of, and the space above or below, any public
street, road, place, public way or place, sidewalk, alley, boulevard,
parkway, drive held by the Township as an easement or in fee simple
ownership. This term also includes rights-of-way held by the County
of Morris where the Township's approval is required for the use
of same pursuant to N.J.S.A. 27:16-6. This term shall not include
private roadways.
A long, slender, rounded piece of wood, concrete or metal.
A device that is attached to a pole and used to transmit
radio or microwave signals and shall include, but not be limited to,
small cell equipment and transmission media such as femtocells, picocells,
microcells, and outside distributed antenna systems.
A cabinet that is proposed to be placed on an existing or
proposed pole.
A pole that is proposed to be placed in the municipal right-of-way.
An agreement that sets forth the terms and conditions for
use of the municipal right-of-way and includes, but is not limited
to, municipal franchise agreements.
An approval from the Township setting forth applicant's compliance with the requirements of this § 19-3.
Existing poles within the same right-of-way which are located
within 500 linear feet of the proposed pole carrying electric transmission
lines shall not be considered part of the "surrounding streetscape."
The Township Committee of the Township of Chatham.
Companies subject to regulation by the New Jersey Board of
Public Utilities under Title 48 of the Revised Statutes.
Electric, telephone, or cable service.
The B-1 Business Center District, and B-2 Neighborhood Business District; PI-1 Professional and Institutional Districts; Planned Commercial District Zones as designated in § 30-75 of the Revised General Ordinances of the Township of Chatham.
Any zones permitting single-family, two-family, or multifamily
residences, assisted-living residences, nursing homes, and/or residential
health care facilities.
[Added 5-13-2021 by Ord.
No. 2021-11]
a.
No person shall operate or place any type of pole-mounted antenna,
cabinet or pole within the municipal right-of-way without first entering
into a right-of-way agreement pursuant to the provisions of this section.
[Added 5-13-2021 by Ord.
No. 2021-11]
a.
Notwithstanding any franchise or right-of-way agreement to the contrary, all antennas, poles and cabinets proposed to be placed within the municipal right-of-way by a utility regulated by the Board of Public Utilities, or any other entity with legal access to the municipal right-of-way, shall be subject to the standards and procedures set forth in this § 19-3 and shall require right-of-way permits for the siting of poles, antennas and cabinets in the municipal right-of-way.
[Added 5-13-2021 by Ord.
No. 2021-11]
a.
No pole, antenna or cabinet shall be installed within the municipal
right-of-way without the issuance of a right-of-way permit.
b.
Pole siting standards:
1.
Height. No pole shall be taller than 35 feet or 110% of the average
height of poles in the surrounding streetscape, whichever is higher.
2.
Location, safety and aesthetics. No pole shall be erected in the
right-of-way unless it:
(a)
Is used to bring utility service across the right-of-way to
an existing or proposed development from an existing pole; or
(b)
Is replacing an existing pole; or
(c)
Approved pursuant to a land development application by either
the Township's Zoning Board of Adjustment or Planning Board pursuant
a land use application; or
(d)
Located on the opposite side of the street from the electric
distribution system; and
(e)
For sites in residential zones, is 200 linear feet from any
other existing pole or proposed pole along the same side of the street,
or for sites in nonresidential zones is 100 linear feet from any other
existing pole or proposed pole along the same side of the street;
and
(f)
Is not located in an area with underground utilities; and
(g)
Does not inhibit any existing sight triangles or sight distance;
and
(h)
Allows adequate room for the public to pass and re-pass across
the municipal right-of-way; and
(i)
Is finished and/or painted, constructed and otherwise camouflaged,
in conformance with best available stealth technology methods, so
as to blend in compatibly with its background and so as to minimize
its visual impact on surrounding properties, and to permit the colocation
of additional pole-mounted antennas thereon.
c.
Ground level cabinet site standards.
1.
Ground level cabinets are prohibited in residential zones.
2.
Ground level cabinets are permitted in nonresidential zones, provided
that each ground level cabinet:
(a)
Is less than 28 cubic feet in volume; and
(b)
Is finished and/or painted to blend in compatibly with its background
to minimize its visual impact on surrounding properties; and
(c)
Does not inhibit an existing sight triangles or sight distance;
and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
d.
Pole-mounted antenna and pole-mounted cabinet siting standards.
1.
Pole-mounted antennas are permitted on existing poles in all zones,
provided that each pole-mounted antenna:
(a)
Does not exceed three cubic feet in volume; and
(b)
Is finished and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, to blend in compatibly
with its background to minimize its visual impact on surrounding properties;
and
(c)
Does not inhibit sight triangles or sight distance; and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
2.
Pole-mounted cabinets are permitted on existing poles in all zones,
provided that each pole-mounted cabinet:
(a)
Does not exceed 16 cubic feet; and
(b)
Is finished and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, to blend in compatibly
with its background to minimize its visual impact on surrounding properties;
and
(c)
Does not inhibit sight triangles or sight distance; and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
3.
The Township may also require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna or pole-mounted cabinet and the structure
on which it is proposed to be mounted.
[Added 5-13-2021 by Ord.
No. 2021-11]
a.
Preapplication meeting. While not required by the Township, prior
to making a formal application with the Township for use of the municipal
right-of-way, all applicants are advised to meet with the Township
Engineer to review the scope of applicant's proposal.
b.
The Township Committee shall, by resolution, approve or disapprove every right-of-way permit application based on the recommendations provided to it pursuant to Subsection e below.
c.
All applications made under this § 19-3 which trigger Federal Communications Commission shot clock rules pursuant to the Federal Communications Commission Order "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; Accelerating Wireline Broadband Deployment by the Removal of Barriers to Infrastructure Investment." WT Docket No. 17-79; WC Docket No. 17-84 shall be processed on an expedited basis.
d.
Every application for a proposed pole must include a stamped survey
prepared by a New Jersey licensed surveyor demonstrating that any
such proposed pole is located within the municipal right-of-way. An
application which does not include such a survey shall immediately
be deemed incomplete.
e.
The Township Engineer shall review applications made pursuant to this § 19-3 and advise the Township Committee of his or her recommendation to approve or disapprove same. If he or she recommends that an application be disapproved, the factual basis for that recommendation must be transmitted to the Township Committee in writing.
[Added 5-13-2021 by Ord.
No. 2021-11]
a.
The Township Committee may, by resolution, waive any siting standard set forth in § 19-3.4 where the applicant demonstrates that strict enforcement of said standard:
1.
Will prohibit or have the effect of prohibiting any interstate or
intrastate telecommunications service pursuant to 47 U.S.C. 253(a);
or
2.
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(II); or
3.
Will violate any requirement set forth by the Federal Communications
Commission Order "Accelerating Wireless Broadband Deployment by Removing
Barriers to Infrastructure Investment; Accelerating Wireline Broadband
Deployment by Removing Barriers to Infrastructure Investment." WT
Docket No. 17-79; WC Docket 17-84.
[Added 5-13-2021 by Ord.
No. 2021-11]
b.
Deposit towards anticipated municipal expenses.
1.
In addition to the right-of-way permit fee, the Township Engineer may, in his or her own discretion, require the posting of a $2,000 deposit towards anticipated municipal expenses related to an application made pursuant to this § 19-3.
2.
Applicant's deposit towards anticipated municipal expenses shall
be placed in an escrow account. If said deposit contains insufficient
funds to enable the Township to perform its review, the Chief Financial
Officer of the Township or designee shall provide applicant a notice
of insufficient balance. In order for review to continue, the applicant
shall, within 10 days post a deposit to the account in an amount to
be mutually agreed upon.
3.
The Chief Financial Officer or designee shall, upon request by the
applicant, and after a final decision has been made by the Township
Committee regarding his or her pending right-of-way permit application,
and subject to review by the Township Engineer, refund any unused
balance from applicant's deposit towards anticipated municipal
expenses.
[Added 5-13-2021 by Ord.
No. 2021-11]
Any applicant for a right-of-way permit shall, as a condition
to the issuance of same, permit the colocation of pole-mounted antennas
onto any new pole to the maximum amount that colocation is technically
feasible which, in any event, shall not be less than two pole-mounted
antennas.
[Added 5-13-2021 by Ord.
No. 2021-11]
a.
Any approval received pursuant to this § 19-3 does not relieve the applicant from receiving consent from the owner of the land above which an applicant's facility may be located as may be required under New Jersey law, or the owner of any existing pole on which the facility may be mounted.
b.
Applicant must, in addition to receiving a right-of-way permit, also
receive all necessary road opening permits, construction permits and
any other requirement set forth in the Revised Ordinances of the Township
of Chatham or state statutes.
c.
The Township's consent for use of county roads, as required pursuant to N.J.S.A. 27:16-6, shall take the form of a right-of-way permit subject to the standards and application process set forth in this § 19-3. No such applicant shall be required to enter into a right-of-way agreement with the Township.
d.
Applicant must comply with all applicable state, local and federal
regulations including.
[Ord. No. 93-13 § 1]
All sidewalks in the Township shall be constructed in accordance
with the plans and specifications entitled, "Standard Construction
Details, Chatham Township, dated January 10, 1982," as may be amended
from time to time, which plans and specifications are on file in the
office of the Township Clerk.
[Ord. No. 93-13 § 2]
All sidewalks shall be kept at all times clean and neat by the
occupant or owner of the lot or premises in front of which the sidewalks
are constructed. The grass and weeds on either side of a paved sidewalk
or the traveled portion of any sidewalk shall be kept cut to a height
not exceeding six inches. In all cases where at any time the sidewalk
is not kept clean and neat as required by this section, a written
or printed notice may be given personally or by certified mail to
the owner or occupant of the lot or premises in front of which such
sidewalk is located, by any member of the Police Force or the Code
Enforcement Officer, requiring such occupant or owner to cause such
sidewalk to be cleaned and made neat within 72 hours after the mailing
or delivery or such notice.
[Ord. No. 93-13 § 3]
Where the owner or owners of vacant land in front of which the
sidewalk may be located shall be nonresidents of the Township, no
notice need be served, but the Public Works Manager, upon receiving
notice thereof from the Chief of Police or the Code Enforcement Officer,
is hereby authorized to clean such sidewalk and certify the cost thereof
to the Township Committee, which is authorized to assess, by resolution,
upon the lot or lots of land in front of which such sidewalk may be
located the cost thereof with interest, which resolution shall set
forth the name of the owner, a description of the lot owned and the
amount assessed thereof and be entered at length in the minutes. A
copy thereof, certified by the Township Clerk, shall, within 10 days
thereafter, be delivered to the Collector of Taxes for the Township,
who shall at once enter the same in a book provided for that purpose,
to be called "Sidewalk Assessments." Such assessment shall become
and remain a lien on the lot and shall be enforced in the manner herein
provided for assessments for public improvements.
[Ord. No. 93-13 § 4]
The owner of every garden apartment development, nursing home,
office building and shopping center and the owner of every other property
within the Township to which the public is invited for business purposes
shall remove all snow and ice from the full width of public sidewalks
abutting their respective premises and from the driveways, parking
areas, walkways, steps and fire hydrants located upon such premises
within six hours of daylight after any snowfall or accumulation of
ice occurs. In the event that ice may be so frozen as to make removal
impracticable, the owner shall cause the aforesaid public sidewalks,
walkways and steps to be thoroughly covered with sand, ashes, sawdust
or rock salt within six hours of daylight after any snowfall or accumulation
of ice occurs.
[Ord. No. 93-13 § 5]
In the event of a violation of the provisions of subsection 19-10.4, the Township may undertake the removal of all snow and ice from the sidewalk abutting a public street or road, and the Township may undertake the removal of all snow and ice from driveways, parking areas, walkways, steps and fire hydrants located upon any garden apartment development, nursing home, office building, shopping center or any other property within the Township to which the public is invited for business purposes. The cost of such removal shall be certified to the Township Committee by the Superintendent of the Township Department of Public Works. The Township Committee shall examine the certificate and, if found to be correct, shall cause the cost to be billed to the owner of such abutting premises or to the owner of any other premises mentioned in subsection 19-10.4 as to which snow or ice removal work has been performed by the Township, as the owner appears from the latest Township tax records. Unless promptly paid, such cost shall be charged against the premises and be added to and be part of the taxes next to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
The provisions of this section shall not relieve any owner, tenant or occupant of any penalty under subsection 19-10.7.
[Ord. No. 2009-19 § 1]
No person, including any property owner, shall place, or allow
or cause to be placed, snow or ice upon any street, road, sidewalk
or municipal right-of-way, nor, without the owner's permission, upon
the lands of any property near, adjoining or across the street from
the property from which the snow or ice has been removed. No such
person shall place such snow or ice in a manner that will obstruct
or impede vehicular or pedestrian traffic or block access to any street,
road or sidewalk. No person shall place any snow or ice upon or near
any fire hydrant. In the event that the plowing of snow or ice in
a driveway cannot reasonably be accomplished without moving some snow
or ice onto a street, road or right-of-way, such snow or ice shall
be immediately plowed back onto the property from which it was moved.
[Ord. No. 93-13 § 7]
[Ord. No. 93-13 § 7]
The continuation of such violation for each successive day shall
constitute a separate offense, and the person or persons allowing
or permitting the continuation of the violation may be punished as
provided above for each separate offense.
