[HISTORY: Adopted by the Borough Council
of the Borough of Pemberton as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 151.
[Adopted 5-15-1961 by Ord. No. 2-1961 (Ch.
67 of the 1975 Code)]
A.
The owner or owners, occupant or occupants, tenant
or tenants of premises abutting or bordering upon any street in the
Borough of Pemberton shall remove all snow and ice from the abutting
sidewalks of such streets, or, in the case of ice which may be so
frozen as to make removal impractical, shall cause the same to be
thoroughly covered with sand or ashes, within 24 hours after the same
shall fall or be formed thereon.
B.
In case the building is occupied by more than one
family or business unit, then the tenant or occupant of the first
floor or story thereof is hereby required to remove all snow and ice
from such portion of the sidewalks, or, in the case of ice which is
impractical to remove, cover the same with sand or ashes, within 24
hours after the same shall be formed or fall thereon.
No person, firm or corporation, the owner, tenant
or occupant of any premises abutting on any street, shall throw, place
or deposit any snow or ice into or upon any street in said Borough,
it being the intent and purpose of this provision to prohibit all
persons from throwing, casting, placing or depositing snow and ice
which accumulates within the private property belonging to said person
upon the sidewalks or streets of the Borough of Pemberton.
[Amended 8-18-1975 by Ord. No. 9-1975]
In case such snow or ice shall not be removed from such sidewalks or shall be cast, deposited, thrown or placed upon said sidewalks or streets by the owner or owners, tenant or tenants, occupant or occupants of any said premises as provided in §§ 176-1 and 176-2 hereof, the same shall be removed forthwith by or under the direction of the Borough Police Department, and the cost of such removal as nearly as can be ascertained shall be certified by the Police Department 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 article shall not constitute any bar to the right of the Borough of Pemberton to collect the cost as certified for the removal of said snow or ice in the manner herein authorized.
Any person, firm or corporation violating any
provision of this article shall, upon conviction, be subject to a
fine not exceeding $1,250, a term of imprisonment not exceeding 90
days or a period of community service not exceeding 90 days, or any
combination thereof, and each and every day on which said violation
exists shall constitute a separate offense.
[Adopted 10-15-1984 by Ord. No. 9-1984 (Ch. 37 of the 1975 Code)]
It shall be unlawful for any person to dig up,
break, excavate, tunnel, undermine or in any manner break up any street
or cause to be made any excavation in or under the surface of any
street for any purpose, or to place, deposit or leave upon any street
any earth or other excavated material obstructing or tending to interfere
with the free use of the street, unless such person shall first have
obtained an excavation permit therefor from the Borough Clerk as herein
provided.
A.
There shall
be a five-year moratorium on the issuance of a street opening permit
following the completion of any paving or repaving of a public street,
unless the Borough Clerk, with the approval of the Borough Engineer,
has determined that there is an emergency which, if untended, would
create a substantial risk to the health or safety of the residents.
[Added 3-20-2017 by Ord.
No. 2017-3]
The procedure for obtaining an excavation permit
is as follows:
A.
The application for an excavation permit shall be
made to the Borough Clerk, in writing, signed by the applicant on
forms prepared by the Borough specifying the place, kind of excavation
and the time required to make such opening and backfill for same and
such other information required to elicit compliance with this article.
B.
No excavation permit shall be issued by the Borough Clerk until the applicant has paid in cash or certified check to the Borough Tax Collector the cost of permit fee; plus cash, certified check or an approved surety bond for performance guaranty, as provided for in § 176-7 of this article. A statement of payment from the Borough's Tax Collector's Office shall be obtained and presented to the Borough Clerk by the applicant before the permit is issued.
Payment for an excavation permit shall be made
in the amount based on the following schedule:
A.
For paved roads of any type, there shall be a permit
fee of $30 plus an escrow or a performance guaranty of $30 per square
yard of road to be opened.
B.
For gravel road or earth shoulders, there shall be
a permit fee of $15, plus an escrow or a performance guaranty of $5
per square yard of road or shoulder to be opened.
C.
An inspection charge for any excavation of $20 for
the first 10 square yards and $10 for each additional 10 square yards
or part thereof will be required.
D.
When it is deemed unnecessary by the Borough of Pemberton
to excavate by breaking the surface of the road and the result can
be obtained by driving pipes under the road, the same permit fee,
escrow or performance guaranty and inspection charge must be made
based on the area which would otherwise have been excavated road will
be allowed in sheet asphalt, bituminous concrete, bituminous macadam,
brick or concrete surfaces except in the presence of the Borough Engineer.
E.
Quantity takeoffs for determination of the amount
to be posted for an excavation permit performance guaranty will be
prepared by the Borough Engineer based on the plan submitted by the
applicant. If the applicant's excavation will exceed the limits of
construction as shown on the plan, the Borough Clerk must be immediately
notified and provided with a revised plan, and all payments will be
adjusted accordingly.
Requirements and standards for excavation and
reconstruction shall be as follows:
A.
The road surface shall be cut vertically with a sharp
tool along straight lines, before excavating.
B.
Backfill material shall be clean granular material
deposited in layers not exceeding 10 inches in depth and thoroughly
tamped. Backfill shall be placed to a level of two inches below the
top of adjacent paved surface. For gravel roads or earth shoulders,
a layer of eight inches of thoroughly compacted gravel shall be placed
on the backfill.
C.
Temporary paving of bituminous concrete or cold patch
two-inch minimum thickness shall be placed and compacted. The applicant
shall be responsible for keeping the temporary paving flush with the
adjacent surface during the settling period.
D.
Thirty days after the initial placing of the temporary
paving, or at such later date as the Borough Engineer may direct where
there is a reasonable need for the applicant to maintain said temporary
paving for a period of time longer than 30 days, the temporary paving
and backfill shall be removed to a minimum depth of eight inches below
the adjacent surface. A base of six-inch minimum thickness shall be
constructed according to one of the following, as specified by the
Borough Engineer:
E.
A wearing surface of two-inch minimum thickness FABC-1
shall be placed and properly compacted. All joints between new and
existing paving shall be sealed.
F.
Materials and methods of construction for the reconstruction
of trench openings and the replacing of pavements thereon that may
not be specified or adequately specified herein shall conform in all
respects to the requirements set forth in the 1983 Standard Specifications
of the New Jersey State Highway Department for Road and Bridge Construction.
G.
Driveway openings shall be replaced in kind, and the
appropriate specifications for road openings shall govern the replacement
of same.
H.
Where a series of openings or holes less than 25 feet
apart and four or more in number are to be made, the existing bituminous
surface shall be removed between the openings and to a width of not
less than two feet in all directions beyond the base excavations in
such series. Where an opening or trench parallel to the street and
more than 100 feet in length is to be made, the existing bituminous
surface shall be removed to a width of not less than two feet in all
directions beyond the base excavations.
Any public utility, as defined to Title 48, Chapter 2, Section 13, of the Revised Statutes of New Jersey, may undertake to resurface all openings made by it, conditioned upon said utility, and remedying any defects that may thereafter appear in such restoration or damage to the street surface or subsurface that may then or thereafter occur or appear by reason of such opening, and otherwise complying with all provisions of the article, and further conditioned for the payment to the Borough of any moneys which said Borough is obliged to expend in order to restore such road or street to its original condition or remedy any defects in such restoration or street damage then or thereafter caused by such excavation. Permit application fees are required.
All applicants for an excavation permit shall
notify the Borough Clerk 48 hours before initial construction and
24 hours before continuing construction.
All applicants for a road improvement permit
shall notify the Borough Engineer 48 hours before initial construction
and 24 hours before continuing construction.
All applicants are required to make proper arrangements
with any and all utility companies affected by the proposed excavation
or construction.
It shall be unlawful for any person to place
any stone, earth, ashes, boards, tile or other pipe or any other material
in or upon any road or street so as to interfere with the flow of
water along the gutter or gutters of any such road or street.
The escrowing of moneys for future construction
may be made in lieu of pavement repairs and/or construction. The amount
of the escrow will be determined by the Borough Engineer.
The applicant shall keep the excavation and
construction areas properly protected both day and night by means
of barricades and lights and/or other means, and shall maintain such
protective measures throughout the performance of the work, and shall
interfere as little as possible with travel as determined by the Borough
of Pemberton.
