[HISTORY: Adopted by the Borough Council
of the Borough of Medford Lakes as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 145.
[Adopted 11-29-1982 by Ord. No. 179; amended
in its entirety 1-12-2011 by Ord. No. 584]
The purpose of this article is to establish regulations and
fees for the opening of municipal streets within the Borough of Medford
Lakes, hereinafter called the "Borough."
As used in this chapter, the following terms shall have the
meanings indicated:
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion of the paved or graded width.
[Added 5-10-2023 by Ord. No. 697]
The installation of conduits of any type to bring utilities
of any kind into a property from a public street or from a property
into a public street.
Permits opening of Borough streets during nonbusiness hours
and without a twenty-four-hour notice.
Any street surfaced with a pavement such as asphalt, concrete,
bituminous concrete or similar hard-surfaced pavement.
Any street surfaced with stone or slag uniformly deposited
in layers where the stone or slag has been compacted by the use of
a power roller or bound together by the application of bituminous
binder or tack or asphalt binder.
Any street surfaced with a light coat of stone or oil or
any macadam street without other treatment and any gravel or cinder
street with oil treatment.
Any person duly authorized by the Borough Council to inspect
street openings.
Includes corporations, companies, associations, societies,
firms and partnership as well as individuals.
Any walkway which is customarily preserved for pedestrian
travel but which does not include footpaths or portions of private
roads which are worn only by travel and are not improved by the Borough
or by the abutting property owners.
[Added 5-10-2023 by Ord. No. 697]
Any road, trail, highway, public way, parking area or any
right-of-way accepted or maintained by the Borough as a public street,
as well as any state, county, or other municipal street over which
the Borough has acquired jurisdiction by agreement.
Any cinder, dirt or gravel street without oil treatment and
all other streets under the jurisdiction of the Borough.
A.
No person shall make any excavation in or break up or displace the
surface of any Borough street or public place within the Borough without
first obtaining a written permit from the Borough Clerk or designee
as hereinafter provided. Such permit shall be valid for 30 calendar
days from the date of its issuance, unless an extension of time is
requested in writing and is approved by such official.
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 Chief of Police or designee is notified for the
purpose of public safety to include, but not limited to, traffic control
and the application for permit is made simultaneously with the commencement
of the work or as soon thereafter as is practical. The permit, when
issued, shall be retroactive to the date on which the work was begun.
B.
The application 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)
A Borough Tax Map block and lot number of the property for the benefit
of which the opening is being made.
(4)
Nature of the surface in which the opening is to be made.
(5)
Character and purpose of the work proposed.
(6)
Time when the work is to be commenced and completed.
(7)
Plans showing the exact location and dimensions of all openings.
(8)
The name and addresses of the person, company, or contractor who
will do the actual work.
A.
Each application must be filed by the applicant and the fees shall
be paid prior to the permit being issued.
B.
A permit shall be issued under the authority of the Borough Clerk
or designee and in accordance with the provisions of this section
and any procedures which the Superintendent of Public Works or designee
and the Chief of Police or designee may establish to carry out the
terms and intent of this article.
C.
The original of each permit shall remain on file with the Borough
Clerk or designee, and one copy each shall be filed with the Chief
of Police or designee and with the Department of Public Works.
B.
No deposit shall be charged for a tunneling operation which does
not involve injury to the surface of the street.
C.
All fees and deposits shall be payable to Borough and deposited with
the Borough Clerk or designee or his agent before issuance of the
permit.
D.
Additional costs and deposits.
(1)
When a street opening project requires an excessive amount of staff
time and/or resources, additional costs shall be imposed. All costs
incurred by the Borough for staff time after the initial four-hour
inspection period and all other direct costs and expenses incurred
by the Borough shall be paid by the applicant. The applicant will
be charged an amount equal to the actual costs incurred by the Borough
for additional staff time and/or material and/or equipment utilized
in the inspection and monitoring of the excavation.
(2)
Where a trench excavation or other opening greater than 50 square feet in the street is required, the Public Works Superintendent or designee may require an additional deposit in accordance with § 206-6 which shall be proportioned to the increased size of the excavation.
(3)
If the Public Works Superintendent or designee determines that an
excavation for which a permit has been issued is of greater dimension
than those stated in the permit, he shall notify the applicant, who
may be required to pay an additional deposit for continuing any further
work in connection with the excavation.
(4)
Where the excavation is to be made in a heavily traveled street,
or where, for any other good reason, in the sole discretion of the
Borough, the Borough stations authorized personnel near the excavation
to control traffic, the applicant shall also be charged an amount
equal to the actual expense of stationing the authorized personnel
at the excavation.
(5)
Any amounts charged to the applicant as additional costs hereunder
shall be deducted from any deposit posted by the applicant pursuant
to this section prior to the return of any deposit.
Any person may file an application with the governing body requesting permission to file a bond in lieu of cash or certified check. Such bond shall be twice the amount of the specified deposit. The bond shall be issued by a bonding or surety company authorized to do business in the State of New Jersey. The bond shall be conditioned upon the restoration of the surface and foundation of any street for which an opening permit is granted in a manner set forth in this article and acceptable to the Borough Clerk or designee. Such bond may be accepted to cover any number of separate applications by the same applicant and shall remain in force for a period not less than then 18 months. Upon approval of such bond by the Borough Attorney, as to form, sufficiency and execution, the Borough Clerk or designee is authorized to issue permits for the work so approved without a payment of the deposit set forth in § 206-6.
No permit shall be issued until the applicant has furnished
the Borough Clerk or designee with satisfactory proof that he is insured
against injury to persons and damage to property caused by any act
or omission of the applicant, his 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 minimum limits of the policy of insurance shall be $300,000 for
injuries to one person, $1,000,000 for injuries to more than one person
in the same incident, and an aggregate of $100,000 for property damage
for a single incident.
[Amended 12-17-2014 by Ord. No. 621]
Except as herein modified, the methods of construction utilized
in work performed under the provision of this article shall conform
to and comply with the most recent update to the Standard Specifications
of the New Jersey Department of Transportation.
A.
Every applicant
shall keep each opening properly guarded and shall place sufficient
lights around each opening to give adequate warning during the hours
of darkness. All work done under any permit shall be done in a manner
as to cause a minimum of interference with travel along the street
affected. Work shall be done in a manner to preserve the flow of surface
water and to cause a minimum of ponding. No street shall be closed
unless specific permission therefor has been granted by the Chief
of Police or his or her designee. The Chief of Police or his or her
designee shall be informed of all street openings at least 24 hours
in advance.
B.
Each applicant
shall, as a condition of issuance of any permit, save, hold and keep
harmless and indemnify the Borough of Medford Lakes, its officers,
agents, servants and employees, from and against any loss, damage,
claim, demand or expense arising out of any suit or claim for damage
or injury alleged to have been sustained as a result of any work done
under such permit.
C.
Upon application
being made therefor, the Public Works Superintendent or his or her
designee may extend the time during which any permit shall be valid
for such period as he shall deem advisable. In the event that the
work required to be done by an applicant shall not be completed within
the time stated on any permit or any extension thereof, then the Department
of Public Works may complete the work required to be done by the applicant
and restore the surface of the street affected. The applicant shall,
upon demand, pay to the Borough the cost of completing such work as
the applicant is required to do under the article, and such amount
may be deducted from the deposit held by the Borough Clerk or his
or her designee, or, if not sufficient to cover the cost of the work,
the difference may be recovered by the Borough in a court of competent
jurisdiction in an action against the applicant or his surety.
D.
No work
for which a permit is issued hereunder shall be conducted in such
a manner as to interfere with any utility connection to any building,
unless specific permission to interfere with such main or line is
obtained in advance from the utility involved or in the case of sewer
lines from the licensed operator of the Wastewater Department, the
Superintendent of Public Works or his or her designee. No excavation
which may result in any damage to or any destruction of any trees
or shrubbery of any Medford Lakes property shall be made unless specific
permission therefor is granted by the Enforcement Officer or his or
her designee prior to the work being done.
E.
All excavations
shall be restored at the expense of the applicant making the opening,
to the satisfaction of the Public Works Superintendent or his or her
designee, or other duly authorized designee, in compliance with the
following requirements:
(1)
The
excavation shall interfere as little as possible with travel along
the street or road, and no greater part of any street or road shall
be opened at any one time other than as the Public Works Superintendent
or his or her designee, or other duly authorized designee, shall allow
in order to prevent such interference with travel.
(2)
The
applicant shall notify the Public Works Superintendent or his or her
designee at least 24 hours prior to a street opening. The connection
to the Borough's sewer collection system shall be performed by the
applicant under the supervision and direction of the Wastewater Department's
licensed operator, or his or her designee, and requires 24 hours'
advance notice. The backfilling of trenches shall be performed by
the applicant in accord with safety regulations and the provisions
of this chapter. Inspection for each street opening application shall
be done in accordance with the directions of the Public Works Superintendent
or his or her designee. The inspector shall have the right to, and
it shall be his or her duty to, inspect said street opening and be
present to continuously inspect the backfill and street surface restoration
procedure.
(3)
Neither
such inspection nor anything else contained in this article shall
relieve the applicant from the duty to remedy any defect in such restoration
of the opening as may then or thereafter appear, or from any other
liability for such defects.
(4)
Any
material shall be installed according to the most recent update to
the Standard Specifications of the New Jersey Department of Transportation.
Further, flowable fill shall be used for all backfill to ensure a
final surface that does not settle thereby creating a pothole, ponding
or the like. Flowable fill shall be at a finished level four inches
below existing contour of the road and any area within the Borough
right-of-way. After installation of flowable fill, the applicant shall
create a final topcoat consisting of four inches of asphalt mixture
and thoroughly tamped and rolled to create a permanent patch. The
topcoat shall be installed no sooner than 24 hours and no later than
48 hours from the installation of the flowable fill. When filled,
the opening shall be flush with the existing contour of the road and
any area within the Borough right-of-way. Permanent patches must have
all edges sealed.
[Amended 6-9-2021 by Ord. No. 680]
(5)
In the
event of cold weather that prevents the use of flowable fill, the
applicant shall fill and tamp opening with clean fill and install
cold patch or other temporary patch material. Within a period of not
more than six months, the applicant shall remove the temporary fill,
install flowable fill, and replace the temporary patch with permanent
pavement. The topcoat shall be installed no sooner than 24 hours and
no later than 48 hours from the installation of the flowable fill.
In the event only the permanent asphalt material is unavailable, flowable
fill shall be at a finished level four inches below the existing contour
of the road and followed by two inches of sand and two inches of cold
patch or other temporary patch material. Temporary patches must have
all edges sealed. Within a period of not more than six months, the
applicant shall remove the temporary patch and sand and shall create
a final topcoat consisting of four inches of asphalt mixture and thoroughly
tamped and rolled to create a permanent patch. When filled, the opening
shall be flush with the existing contour of the road and any area
within the Borough right-of-way. Permanent patches must have all edges
sealed.
[Amended 6-9-2021 by Ord. No. 680]
(6)
At
any time during the period between the time of initial opening and
restoration of the road to a cured level surface in accord with the
above, where work is either partially complete or temporarily left,
the opening shall be plated to protect against open hazards and damage
to curing surfaces.
[Added 3-12-2015 by Ord. No. 623[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection E(6) as Subsection E(7).
(7)
The
Borough Clerk or his or her duly authorized designee shall not allow
the issuance of a permit unless he or she is satisfied that the applicant
has the ability to adequately undertake and perform the work provided
for herein, and has demonstrated that adequate precautions have been
taken to protect the interests of the Borough, and has provided proof
that the applicant maintains liability insurance.
F.
If tunneling
operations are required, the tunnel shall be backfilled with flowable
fill.
A.
Transferability. A permit shall apply to only the person to whom
it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence within seven
days from the date of issuance. If work is not commenced within that
time, the permit shall automatically terminate unless extended in
writing by the Public Works Superintendent or designee.
C.
Possession of permit. A copy of the permit, together with a copy
of the plan endorsed with the approval of the Chief of Police or designee,
shall be kept in possession of the person actually in charge of performing
the work and exhibited on demand to the Public Works Superintendent
or designee, any police officer to the Borough, or any municipal official.
D.
The Borough Clerk or designee may revoke a permit for:
(1)
Violation of any provision of this article or any other applicable
rules, regulations, laws or ordinances.
(2)
Violation of any condition of the permit.
(3)
Carrying on work under the permit in a manner which endangers life
or property, or which creates any condition which is unhealthy, unsanitary
or declared by any provision of this article to constitute a nuisance.
The Public Works Superintendent or other duly authorized designee
shall periodically inspect all street openings and the repair and
resurfacing thereof for the purpose of determining compliance with
the conditions imposed on the issuance of the permit and the specifications.
The Borough may, upon the recommendation of the inspector:
A.
Order a temporary stop to any street opening.
B.
Order that the applicant perform or correct work in accordance with
the directions of the Borough.
C.
Order a stop to any work and revoke the permit, in which event the
Borough shall complete or cause to be completed the work and declare
the applicant's cash deposit forfeited or notify the applicant's surety
of an intent to file a claim on the bond.
D.
Correct any work after notification to the applicant of the neglect
or refusal of the applicant to make such corrections as indicated
and, upon doing so, declare that the applicant's cash deposit is forfeited
or notify the applicant's surety of an intent to file a claim on the
bond.
E.
Take any other action deemed reasonable under the circumstances.
F.
When the work of the applicant has been completed, the Public Works Superintendent or designee shall inspect the same within 30 days from the date he has been advised by the applicant that the work has been performed. If the work meets with the standards contained in this article, the Public Works Superintendent or designee shall advise the Borough Clerk or designee that the deposit, and any amounts charged to the applicant as additional costs pursuant to § 206-6, may be forthwith released to said applicant. The applicant may substitute a bond for twice the retained amount required hereunder. All amounts owed by the applicant as additional costs shall be paid from the deposit to the Borough.
[Amended 9-22-2016 by Ord. No. 637]
The Public Works Superintendent or designee may make any rules
and regulations which he considers necessary for the administration
and enforcement of this article, but no regulation shall be inconsistent
with, alter or amend any provision of this article, or impose any
requirement which is in addition to those expressly or by implication
imposed by this article. No regulations shall become effective unless
they shall be approved by the resolution of the Borough Council. Copies
of all current regulations shall be furnished to each applicant at
the time the permit is issued.
[Amended 4-23-2014 by Ord. No. 615]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under the general penalty provisions found at § 1-15 of this Code. This, however, shall not apply against any municipal employee or officer that authorizes action by permit or otherwise in the ordinary course of their duties.
[Adopted 5-10-2023 by Ord. No. 697]
The owner(s) of every property abutting a public sidewalk or
cartway in the Borough shall comply with the provisions of this article,
whether or not the abutting property is vacant or such buildings thereon
shall have been constructed, altered or repaired before or after the
enactment of this article. Failure to comply with the provisions of
this article shall be unlawful conduct by the abutting landowner.
This article establishes minimum standards for abutting landowners
regarding sidewalks and the area between private property and the
cartway exclusive of curbing, and does not replace or modify standards
otherwise established for the construction, repair, alteration or
use of buildings or other improvements on abutting properties.
A.
Each owner, tenant(s) or persons in possession of any lands abutting
upon any public street or highway of the Borough shall clear and remove
all snow and ice from the abutting sidewalks of such street or highway
within 12 hours of daylight after the same shall fall or be formed
thereon.
B.
No person, corporation or entity shall plow, throw, place or otherwise
deposit any snow or ice removed from any parking area, driveway, sidewalk
or any other location into or upon any street, sidewalk, or other
public thoroughfare or right-of-way within the Borough.
Every property owner in the Borough shall be responsible for
the maintenance of the area within an abutting public right-of-way
between the property lines of the premises in question, extended to
the cartway line.
A.
Maintenance responsibilities, regardless of cause, shall include,
but are not limited to, the following:
(1)
All sidewalks on any and all streets, roads and public places in
the Borough shall be repaired and kept in repair at the cost and expense
of the owner or owners of the lands in front of which such sidewalks
are constructed.
(2)
Removal of any and all weeds, litter and other debris up to the cartway
within a reasonable period of time of its occurrence.
(3)
Maintaining all surfaces in level and safe condition to avoid tripping
hazards (e.g., filling any depressions due to settling of earth, repairing
uneven edges of concrete, brick or other hard surface material, etc.)
as further set forth in general construction specifications referenced
below.
(4)
Repair or reconstruction shall be done in materials of like kind
and quality to those existing materials being repaired or replaced.
For example, brick sidewalks shall be replaced with brick. Any proposed
materials shall be approved by the Borough Enforcement Officer, who
may consult with the Borough Engineer, prior to installation.
B.
Such work shall also be done in accord with the Americans with Disabilities
Act (ADA).[1] Responsibilities shall not include maintenance of any
streetlight, traffic signal, regulatory sign, public trash receptacle,
public bench, bus shelter, public bicycle rack or any equipment or
improvements owned and maintained by a public utility.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
The "Borough Enforcement Officer" shall be defined as the Zoning
and Code Enforcement Officer or any other Borough official so designated
by the Borough Manager to enforce the provisions of this article.
All Borough departments shall cooperate fully with the Borough Enforcement
Officer in the enforcement of the provisions of this article. All
violation complaints under this article may be brought by any resident
or the Borough Enforcement Officer.
A.
The Borough Enforcement Officer, or his or her designee, shall determine
the necessity of sidewalk repair or improvement or maintenance of
the area between private property and the cartway, exclusive of curbs,
and shall cause a notice, in writing, to be served upon the abutting
landowners of said lands, requiring the necessary specified work to
be done by the owner within a period of not less than 60 days from
the date of service of the notice. The Borough Enforcement Officer
may, in his or her discretion and due to inclement weather or other
good cause, extend the period for a longer period than 30 days, provided
that the extended period shall not exceed 90 days.
B.
Whenever any abutting lands are unoccupied and the owner cannot be
found within the municipality, the notice may be mailed, via both
certified and regular mail, to his or her post office address, if
the address can be ascertained. In the event that the owner is a nonresident
of the municipality or his or her post office address cannot be ascertained,
then the notice may be inserted for four weeks, once each week, in
the official newspaper of the Borough.
C.
In the event that the owner of the abutting land has not complied
with the requirements of the notice, the Borough Enforcement Officer
shall certify the costs of repair and file same with the Tax Collector.
The Borough Council shall, after the filing of said notice with the
Tax Collector and upon completion of the work, cause the same to be
paid for from the funds of the Borough and the full amount of costs,
including administrative costs, to be placed as a lien on the property.
D.
The Tax Collector shall credit all moneys from the performance of
the work to an account to be established by the Tax Collector for
performance of the work as set forth in this article by the municipality.
A.
The Borough Enforcement Officer, or such other designee(s) as may be established by the Borough Administrator, may cite a property owner in accord with Chapter 181 of this Code, governing property maintenance, in accord with the process and procedures set forth therein.
B.
Any person, firm or corporation who or which violates any provision of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. The Municipal Court of the Borough of Medford Lakes shall have jurisdiction to enforce the provisions of this article.
Sidewalks shall be constructed and maintained in accordance with the specifications set forth under § 145-35. Where brick or similar grade materials exist, replacement shall be in kind. Determinations as to whether proposed materials sufficiently comply with this section may be submitted to the Borough Code Enforcement Officer, who may consult with the Borough Engineer, and whose determination shall be final.
Absent the formal approval of the governing body, no property
owner or any other person shall cause to remove any sidewalk under
the jurisdiction of the municipality except for the repair or replacement
of existing damaged sidewalk.
Because a large amount of the curbing in the Borough is either
associated with the cartway in commercial areas or located in residential
areas and constructed of asphalt and installed by the Borough to assist
in stormwater management, the Borough will be responsible for curbing.
Nothing herein shall prevent the Borough from seeking financial recourse
against any individual who is determined to directly cause damage
to curbing.
