Ordinance No. 19-25

Introduced: November 25, 2019
Public Hearing: December 9, 2019
Status: Adopted

An Ordinance of the Township of Vernon, County of Sussex, State of New Jersey, and Supplementing Chapter 500 of the Municipal Code of the Township of Vernon Entitled “Streets and Sidewalks” to Authorize a Deadline for Excavation of Newly Improved Streets and Rights of Way

Note: Strikeouts are deletions. Underlines are added material.

WHEREAS, the Township of Vernon expends significant resources to repave, patch, and upkeep the Township roadways; and

WHEREAS, a determination has been made that it is in the best interests of the Township to provide written notice of street paving to owners of utility infrastructure located in or under affected streets and to provide a 45-day time limit for completion of work in the road or right of way prior to the street paving.

NOW, THEREFORE, BE IT ORDAINED by the by the Township Council of the Township of Vernon as follows:

SECTION 1. Chapter 500 of the Municipal Code of the Township of Vernon is hereby supplemented as follows:

§ 500-20.1. Notices of Street Paving and Repairs; Deadline.

Whenever the Township Council enacts an ordinance or resolution providing for the paving or repaving of any street or sidewalk, the Municipal Clerk shall promptly mail a written notice thereof to each person owning sewers, mains, conduits, or other utilities, in or under said street or sidewalk. Such notice shall notify such persons that any application for an excavation permit for openings, cuts or excavations for work to be done in or under said street or sidewalk prior to such paving or repaving shall be submitted promptly in order that the work covered by such excavation permit may be completed not later than 45 days from the date of enactment of such ordinance or resolution. The Municipal Clerk shall also promptly mail copies of such notice to any governmental agencies or departments or other persons who may desire to perform excavation work in said street or sidewalk.

§ 500-20.2. Performing Repairs.

Within said 45 days, every owner, person, agency or utility receiving notice as prescribed herein shall perform such excavation work subject to the provisions of this article and other relevant sections of Chapter 500, as may be necessary to install or repair sewers, mains, conduits, utility installations or other work in said street or sidewalk. In the event any owner, person, agency or utility shall fail within said forty-five-day period to perform such excavation work, any and all rights of such owner, person, agency or utility or their successors in interest to make openings, cuts or excavations in said street or sidewalk shall be prohibited and forfeited for a period of five years from the date of enactment of said ordinance or resolution. During said five-year period, no excavation permit shall be issued to open, cut or excavate in said street or sidewalk unless, in the judgment of the Business Administrator, an emergency exists which makes it absolutely essential that the excavation be permitted. Any excavation granted by the Business Administrator under this subsection shall be conducted in accordance with the standards set by the Township Engineer.

§ 500-20.3. Time period.

Every Township department or official charged with responsibility for any work that may necessitate any opening, cut or excavation in said street or sidewalk is directed to take appropriate measures to perform such excavation work within said forty-five-day period so as to avoid the necessity of making any openings, cuts or excavations in the new pavement in the Township’s streets or sidewalks during said five-year period.

SECTION 2. Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity of constitutionality of any other sections or parts thereof.

SECTION 3. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

SECTION 4. This Ordinance shall take effect immediately upon final passage, approval, and publication by law.

Note: Strikeouts are deletions. Underlines are added material.