Borough of Ramsey, NJ
Bergen County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Litter control — See § 3-3.
Traffic — See Ch. 7.
Municipal lots and on-street parking areas — See Ch. 8.
Shade trees — See Ch. 20.
Subdivision regulations — See Ch. 22.
[For state law relating to sidewalks, see N.J.S.A. 40:65-1 et seq.]
[1961 Code § 7.01; 1972 Code § 93.001]
Except as permitted by this Code, no person shall cause or maintain any obstruction on any street, alley, sidewalk or public place in the Borough without the consent of the Council.
[1961 Code § 7.02; 1972 Code § 93.005]
A tradesman may place merchandise on the sidewalk in front of his place of business for a period not exceeding 15 minutes while receiving or delivering merchandise. Merchandise shall be placed near the curbline so the travel of persons on the sidewalk is not impeded.
[Ord. No. 640 § 1]
a. 
No person shall ride, drive or propel any bicycle along any sidewalk in the Borough. Further, no person shall ride, drive, lead or propel any shopping cart (which is provided by a merchant for the convenience of patrons while on his premises) along any street, alley, sidewalk or public place used for pedestrian traffic.
b. 
Any shopping cart found abandoned on any street, alley, sidewalk, or public place in the Borough will be retrieved by the Road Department and brought to the Borough garage. The owner of any cart shall be given 60 days notice to reclaim the cart, and shall pay a charge of $5 in reclaiming each cart. In the event that any such cart is not reclaimed within the fifty-day period, the Borough may destroy and/or dispose of the cart.
c. 
Any person violating this section shall, upon conviction, be subject to the penalty stated in Chapter 1, Section 1-7.
[1961 Code § 7.03; 1972 Code § 93.010]
a. 
No person shall ride, drive, lead or propel any wagon, wheel or hand barrow, or other wheeled machine, except children's carriages or vehicles used by a handicapped person, along any sidewalk in the Borough.
[1961 Code § 7.05; 1972 Code § 93.020; Ord. No. 640 § 2; Ord. No. 1238 § 1]
a. 
Removal of snow and ice. The owner, occupant or tenant of any lot or land fronting on any street or public place within the Borough shall, within 24 hours after a snowfall has ceased, remove the snow and ice from any sidewalk for the full width thereof on both sides of Main Street between Central Avenue and Island Avenue. On all other streets within the Borough, the snow and ice shall be removed for a reasonable width along the adjoining sidewalks to allow passage on the sidewalks. Such sidewalks to the widths provided shall be kept clear until the next snowfall. In the event snow or ice shall remain 24 hours after cessation of the snowfall or storm, the Borough may serve written notice on the owner, occupant or tenant, and take action to remove such snow or ice.
For lots or land bounded by more than one street, adjoining sidewalks on each street are included.
For the purpose of this subsection, a written notice to either owner, occupant or tenant of the affected lot or land concerning the action to be taken shall be considered binding.
b. 
Maintenance of grass and weed removal. The owner or occupant of any lot or land fronting on any street or public place within the Borough shall, within 10 days after notice to do so, cut to a height not exceeding two inches above the level of the ground, all grass and weeds, and remove all impediments and obstructions from all portions of the sidewalk area of such street or public place. For the purpose of this Paragraph b, the sidewalk area is defined as follows:
On streets or public places having curbs, the area between the curb and the property line.
On streets or public places having no curbs but having sidewalks, the area between the property line and a line drawn parallel, between the property line and the center line of the street, a distant 10 feet from the property line, measured at right angles.
c. 
Borough to designate person to remove snow or ice or remove or cut weeds. In case such owner or occupant fails to remove such snow or ice or to cut the grass and weeds or to remove all impediments and/or obstructions, the Borough may designate some person to do such work.
d. 
Assessment of costs. In case of the removal of snow, ice or other impediments or obstructions, and the cutting of grass and weeds by the Council, the cost thereof, as nearly as the same can be ascertained, shall be charged against the lands abutting upon or bordering the street or public place from which such removal or cutting is made, with interest, and shall forthwith become a lien upon lands and shall be added to and form a part of the taxes assessed and levied, and shall be certified to by the person whose duty it is to collect the Borough taxes and shall be collected in the same manner and at the same time as other taxes. Any person violating any of the provisions of this section shall, upon conviction, be subject to the penalty established in Chapter 1, Section 1-5.
e. 
Notwithstanding anything to the contrary continued in this section, if a new street is installed that borders the side or rear property of existing developed single-family lots, the new property owners, who are being serviced by the new street, shall maintain in accordance with Paragraphs a, b, c and d of this section, the area of sidewalk and grass within the newly dedicated roadway. A restrictive covenant setting forth these provisions shall be recited in the deeds for such newly created lots.
[1961 Code § 7.06; Ord. No. 552; 1972 Code § 93.025]
Sidewalks and/or curbs shall be installed along the entire frontage of property where there already are existing sidewalks and/or curbs along the lot or lots immediately adjacent thereto. Driveway entrances shall also be installed in accordance with municipal requirements.
[1961 Code § 7.06; Ord. No. 552; 1972 Code § 93.025]
No person shall construct a sidewalk, curb, driveway or driveway entrance along any street in the Borough without first having obtained a permit to do so. No permit shall be issued for a driveway or driveway entrance to a public street from property being used in whole or in part for a nonresidential purpose until site plan approval or site plan waiver for the driveway or driveway entrance is obtained from the Ramsey Planning Board.
[1961 Code § 7.06; Ord. No. 552; 1972 Code § 93.025]
Applications for permits for sidewalks, curbs, an driveways shall be made in writing to the Borough Engineer accompanied by a fee of $5 and a detailed plan or sketch of the property and street adjacent thereto, showing the details of construction, the manner in which drainage along the street will be taken care of, the location of the driveway and proposed driveway entrance, the location of sidewalks and curbs, if any, the location of the paved portion of the street, the proposed grade between the driveway on the property and the paved portion of the street, and the location of all trees measuring eight inches or more in diameter at 18 inches above ground level and wooded areas in the street right-of-way, including the sidewalk area, and on the property within 15 feet of the front property line.
[1961 Code § 17.06; Ord. No. 552; 1972 Code § 93.025]
No person shall construct or replace a sidewalk, curb, driveway or driveway entrance except in accordance with specifications prepared by the Borough Engineer, approved by resolution of the Council and on file with the Borough Clerk. The specifications may be amended by resolution of the Council.
[1961 Code § 17.06; Ord. No. 552; 1972 Code § 93.025]
No driveway entrance shall be constructed except as follows:
a. 
Where there are existing sidewalks and curbs in the area, the driveway entrance shall extend from the curb to the sidewalk and shall be constructed of concrete at least six inches in thickness and shall be at least one inch but not in excess of two inches above the road level where the apron meets the existing road.
b. 
Where there are no existing sidewalks and curbs, the driveway entrance shall meet the abutting road at such grade as shall be approved by the Road Department when application is made and shall be so constructed that the driveway will not interfere with drainage along the road. Where this is not feasible, special approval of the Road Department shall be secured at the time of application for the proposed method of elimination of interference with drainage along the road.
c. 
Where there are no existing curbs, gutters shall be provided by the applicant along the entire frontage along the street to take care of drainage along the property, which gutters and the grade shall be constructed in accordance with specifications now or hereafter adopted by resolution of the Council.
[1961 Code § 17.06; Ord. No. 552; 1972 Code § 93.025]
No person, including the owner or contractor or any of their employees or agents, shall in constructing sidewalks, curbs, driveways and driveway entrances, or in any other part of his building operations, close, obstruct or interfere with any drain, pipe, brook or drainage ditch along or crossing the road abutting the property or permit the same to be done without making adequate provision for the disposition of the drainage in a manner approved by the Road Department.
[1961 Code § 7.06; Ord. No. 552; 1972 Code § 93.025]
Driveways between the property line of the owner and the paved portion of the street shall not exceed 20 feet in width. No other portion of the property between the property line of the owner and the paved portion of the street shall be paved.
[1961 Code § 7.07; 1972 Code § 93.030; Ord. No. 830 § 1]
a. 
All concrete sidewalks constructed, reconstructed, paved, repaved, improved and repaired shall be of concrete pavement four feet in width, except where there are already sidewalks of a lesser or greater width, in which event the new sidewalks shall be made to conform in width to the existing sidewalk, and all such sidewalks and driveways shall be constructed and repaired in all respects in accordance with the provisions of the specifications now or hereafter adopted by the Council, entitled "Specifications for Concrete Sidewalks and Driveways." All such sidewalks and driveways shall be located at such a place between the curb and the property line as may be approved by the Council.
b. 
Whenever a private driveway crosses a sidewalk, it shall not be greater than 12 feet in width and shall cross the sidewalk at right angles or nearly so.
c. 
All sidewalks and driveways shall be constructed, reconstructed, paved, repaved, improved and repaired to the grade of the streets as now established or as may be established for that purpose of the Council. Grades shall be furnished to any property owner or the owner's contractor upon application to the Borough Clerk. No sidewalks or driveways shall be constructed, reconstructed, paved, repaved, improved or repaired without 48 hours' notice in writing being first given to the Borough Clerk.
d. 
The construction, reconstruction, paving, repaving, improving and repairing of all sidewalks and driveways shall be the responsibility of the owners of abutting lands and all such work shall be under the supervision and to the satisfaction of the Road Department.
[1961 Code § 7.04; 1972 Code § 93.015; amended 1-25-2006 by Ord. No. 2-2006]
No person, persons, partnership, association or corporation shall excavate, dig, test drill, tunnel, construct, reconstruct or otherwise disturb any public street, road, highway, curb, sidewalk, bridge, culvert, utility structure or other public improvement or facility located within, over or under any public right-of-way, easement or publicly owned property in the Borough of Ramsey for the purpose of laying, changing, repairing, connecting, constructing or maintaining any water, gas or sewer pipe or any electric, telephone or telegraph pipes or conduits, or for any other purpose, whatsoever, without having first obtained a permit from the Borough of Ramsey, in accordance with the rules, procedures and specifications hereinafter set forth, and without having first paid the required fees or posted bonds as required by this section unless specifically exempted.
The words, terms or phrases listed below shall, for the purpose of this section, be defined and interpreted as follows:
APPLICANT
Any person, persons, partnership, association or corporation who makes application for a permit.
BOROUGH
The Borough of Ramsey, Bergen County, New Jersey.
EMERGENCY
Any unforeseen and unexpected circumstance or occurrence which causes a clear and immediate danger to persons or damage to property and which requires immediate opening or repair.
ENGINEER
The licensed professional engineer duly appointed as Borough Engineer, or the Engineer's authorized deputy, representative or inspector.
OPENING
Any excavation, removal, repair, construction, reconstruction, drilling or tunneling within the rights-of-way of roads or easements owned, regulated and within the responsibility of the Borough, and including excavation, drilling or cutting through pavement, curbs, gutters, drainage facilities, sidewalks, shoulders, embankments, utility lines or structures. Test holes of small diameter, whether drilled, driven or cut, are to be considered openings, except that one application, one permit and one fee will apply to a series or group of such test holes.
PERMITTEE
Any applicant, as defined above, who has been issued a permit and is obligated to fulfill all terms and conditions of this section.
PERSON
Any natural person or persons, owner, partnership, firm, association, utility, corporation or properly constituted authority, and shall include for purposes of this section the developer, applicant, agent, contractor, engineer or other person representing such person.
ROAD
This is a general term and is a roadway, alley, highway, easement or right-of-way, improved or unimproved, over which there is a public right of passage.
TEMPORARY SURFACING
Surfacing not exceeding 60 days in duration.
TRAVELED WAY
That portion of a road which, when constructed, is intended to accommodate vehicular passage or travel.
UNIMPROVED ROAD
Any road whose traveled way is surfaced with cinders, dirt, gravel or stone without bituminous or cement binder; any road that may exist within an approved major subdivision but which is not yet accepted for ownership, maintenance or legal jurisdiction by the Borough.
In the event of an emergency, where repairs to existing facilities must be made immediately and the person charged with the responsibility for making the repairs would be unduly delayed or the health, safety or convenience of the public might be adversely affected in seeking a permit through hereinafter specified channels, then and in that event the opening may be made to remove, correct or repair the condition causing the emergency without making prior application for a permit. As soon as the emergency condition has been corrected and the emergency no longer exists, the person having caused the opening to be made shall forthwith apply for a permit and comply with all the provisions of this section. A permit may be issued by the Mayor, Council Liaison, Borough Engineer or Borough Administrator.
a. 
Application. Application for a permit must be made on standard forms provided by the Borough Engineer and must be filled out completely in the number of copies specified on the form and filed with the Engineer along with the required permit fee and other exhibits that may be required, either under the terms of this section or as outlined on the form.
b. 
Drawings. The applicant shall file, along with the permit form, appropriate engineering drawings, in triplicate, which show the following details:
1. 
Key map, showing schematically the location of the proposed opening relative to surrounding streets or other key landmarks.
2. 
Existing facilities, such as pavement, curbing, sidewalk, driveways, drainage and utilities, in the working area.
3. 
Details of the proposed opening and work to be done, including excavation, plan, profile and appropriate sections of the opening and construction details.
c. 
Insurance.
1. 
Except as provided in Subsection 17-3.10b1, relative to New Jersey public utility corporations, the applicant shall file, along with the permit form and as part of each application, a certificate of insurance, acceptable to the Borough, showing that the applicant is covered by public liability insurance during the period required for the proposed improvement in the following minimum amounts:
(a) 
For personal injury to one person: $1,000,000.
(b) 
For personal injury for one accident: $1,000,000.
(c) 
For property damage: $100,000.
2. 
Except as provided in Subsection 17-3.10b1, relative to New Jersey public utility corporations, the applicant shall file, along with the permit form and as a part of each application, a certificate of insurance, acceptable to the Borough, showing that the applicant is covered by workmen's compensation insurance during the period required for the proposed improvement.
d. 
Save harmless agreement. The applicant shall file, along with the permit form, an agreement, in writing, to save the Borough harmless from any loss, injury or damage whatsoever resulting from the course of construction, whether directly or indirectly connected with the work or from any negligence or fault of the applicant or its agents, servants, representatives or contractors in connection with the performance or the work covered by the plans, and provide a separate insurance rider to cover such a clause.
e. 
The applicant shall file, along with the permit form, an estimate of the cost of the improvement or opening work to be done and an estimate of the starting and completion dates. Cost schedules are subject to review and approval by the Engineer.
a. 
Cash deposit. Unless otherwise provided for in this section under Paragraphs b and c of this subsection, the applicant shall deposit with the Borough Engineer, along with the permit form and prior to the start of construction, a minimum sum of $50 with each application and an additional sum of 15% of the estimated cost of the improvement or opening as filed under Subsection 17-3.4e above. The moneys so filed shall be used to pay the cost of engineering, inspection, legal services, unrepaired damages or other legitimate costs to the Borough assignable directly to the project. Within two months after completion and final approval of the project or opening, which also means two months after the expiration of the eighteen-month maintenance period specified in Subsection 17-3.9 below, all unexpended moneys remaining shall be returned to the applicant, except for an additional amount of $25, which shall be retained by the Borough as its final application fee.
b. 
Surety bond. The applicant may, in lieu of the above cash deposit, submit a surety bond in the same amount which, upon approval of the Borough Attorney, shall have the same force and effect as a cash bond. Said bond shall by its terms provide for payment of any damages by or from acts of the permittee and save the Borough harmless from any suits at law or otherwise which may result directly or indirectly from the work performed under the permit. In the event that this surety bond device is used, the bond will remain in effect and not be released until the costs and final fee calculated above under Paragraph a has been paid by the permittee to the Borough.
c. 
Public utilities. Public utility corporations of the State of New Jersey may, in lieu of the above cash deposit (Paragraph a) or surety bond (Paragraph b), file a corporate bond on a yearly basis in the amount of $10,000. Such corporation bond would cover all construction operations of the public utility corporation within the Borough, thereby exempting said utility from the necessity of filing care or surety bonds for individual opening projects. However, such public utility corporations operating under the terms and protection of a corporation bond will still be required to make application for each opening permit, to file the minimum fee of $25 and to pay all costs to the Borough as calculated under Subsection 17-3.5a of this section.
a. 
Permit data. If all required exhibits and fees have been received to the satisfaction of the Borough Engineer, the Engineer will issue the opening permit, which shall be in a form set forth and approved by the Borough. The permit shall contain the following data:
1. 
A listing of the supporting documents, plans, specifications, etc., that are the basis for the permit.
2. 
A brief description of the location of the proposed opening and the work contemplated.
3. 
A termination date.
4. 
The method and amount of fees paid.
b. 
Renewal of permit. An opening permit may be renewed for a period of time not to exceed the total time of the original permit, upon request of the permittee and upon payment of an additional fee of $10.
c. 
Nontransferability. Opening permits issued under the provisions of this section are not transferable.
d. 
Expiration of permits. Permits issued under the provisions of this section will expire at 12:00 midnight of the day indicated on said permit or the day of expiration of any extension to said permit. Permits may also be revoked at any time it is found by the Borough Council that the permittee has failed to comply with the provisions of this section or the permit, provided that written notice has been given to the permittee of such failure and the permittee has failed to correct the defect complained of in said notice. If after permit revocation it becomes necessary for the Borough to either complete the work or to refill and repair the opening, the cost of such work by the Borough will be deducted from any deposit fees that may have been paid by the permittee, or if a surety or corporation bond has been given, then said bond will be declared to be in default to the extent of said unpaid costs. Reinstatement or revoked permits will occur only after favorable recommendation of the Borough Engineer.
Except for emergencies, at least 24 hours before the permittee plans to commence work under an opening permit, the permittee will advise the Police Chief, the Borough Engineer and Borough Administrator.
a. 
General. The work shall be done in an efficient and workmanlike manner and in accordance with the plans and specifications, using proper tools, machinery, materials and manpower to effect a quality and expeditious job. Failure to perform in a manner satisfactory to the Engineer according to the standards set forth herein may result in revocation of the permit as provided in Subsection 17-3.6. Where the Engineer deems it necessary for the protection of the public or the proper installation of the permittee's facilities, the Engineer may order a cessation of work by the permittee pending such action by the governing body, provided that such cessation order by the Engineer may in no event exceed three days in duration. Except under emergency conditions, the opening work will be conducted between the hours of 8:00 a.m. and 8:00 p.m., except Sundays and holidays (New Year's Day, Memorial Day, July Fourth, Labor Day, Thanksgiving Day and Christmas Day), when no opening work will be permitted unless otherwise permitted by the governing body.
b. 
Supervision. The permittee shall have a qualified supervisor at the site of the opening work during all working hours.
c. 
Inspection. The Borough Engineer or his authorized representatives shall be given access to the construction site during progress of the work in order to observe and inspect the work. All materials, including excavated materials, are subject to inspection and approval by such Borough officials. Where the planned opening will be made through, adjacent to or near an existing public utility facility, the permittee shall notify said utility company, whose representative shall be given access to the construction to observe and inspect that portion of the work involving said utility facility.
d. 
Removal of existing features. The existing pavement, blacktop or concrete shall be cut in a straight line or lines, prior to any subsurface excavation, which shall be confined to the area between the cuts. If pavement, curbing, sidewalk or other surface construction becomes damaged, ragged or zigzagged when it comes time to repave or replace the facility, then the edges shall be cut or recut in a straight line or lines to the satisfaction of the Borough Engineer, in general parallel with the lines of the excavated trenches and in a width from center line to curb sufficient to accommodate the entire excavation and to create a smooth finished appearance when the construction is completed. When cutting through reinforced concrete pavement, the saw cutting will be done in such a way as to permit the exposing of existing reinforcement, which is not to be cut but is to be exposed, retained and allowed to project into the excavation at least 18 inches. These exposed bars will later be reformed to tie into the patched concrete.
e. 
Protection of unpaved areas. On banks and slopes on improved or unimproved Borough roads or grass-planted areas, the topsoil shall be saved and carefully replaced to a four-inch depth after the opening has been refilled and resettled. The topsoil shall be raked evenly and shall have rye grass seed, other acceptable grass seed or approved sod placed thereon. The permittee will be responsible for turf growth through two mowings. If insufficient topsoil is available from the excavation, then the permittee will bring new topsoil in and place the same as required above.
f. 
Backfilling.
1. 
After the required work or construction has been completed in the open excavation, the backfilling shall be done using excavated material, if acceptable to the Borough Engineer, or if excavated material is unacceptable, using imported clean shale, bank-run gravel, quarry-blend stone or other acceptable material. In placing backfill, the permittee or the permittee's contractor shall use a mechanical or vibrating tamping device or machine placing fill in six-inch to ten-inch compacted lifts, as directed by the Borough Engineer.
2. 
On unimproved (unpaved) roads and shoulders, the backfill shall be brought up to within seven inches (after compaction) of the existing surface grade. There shall then be placed five inches of two-and-one-half-inch crushed stone ballast, which shall be bound on top only with Grade B screenings or bank-run gravel, quarry-blend stone or slag or thoroughly compacted. The remaining two inches shall be three-fourths-inch crushed stone quarry blended with sufficient fines to make a tight stable surface.
3. 
On improved (bituminous pavement) roads, the backfill should be brought up to a level, relative to the original pavement, where a proper base and bituminous pavement can be constructed as follows: Two inches of bituminous concrete stabilized base course, Mix I-2, followed by 1 1/2 inches of bituminous concrete top course Mix I-5. The top course shall be flush with the existing pavement. The joint between the existing pavement and the replacement pavement shall be sealed with a rubberized asphalt sealer approved by the Borough Engineer.
4. 
On improved roads (portland cement concrete pavement), the backfill shall be brought up to a level, relative to the original pavement, where a proper and complete concrete surface pavement can be reconstructed at least to the total thickness of the original pavement, and provided further that a minimum of eight inches of concrete pavement shall be reconstructed. Reinforcement, using No. 3 longitudinal reinforcement bars spaced six inches center to center, shall be set in the new concrete, overlapping with the old, exposed bards and at the same approximate vertical positioning. End surfaces of existing concrete pavement are to be thoroughly cleaned, soaked with water and coated with a brush coat of neat cement prior to placing new concrete in contact with the same. Concrete shall be four-thousand-psi concrete conforming to the requirements specified in Section 914 of the Standard Specifications for Road and Bridge Construction (2001) of the New Jersey Department of Transportation.
g. 
Shoulders. Where shoulders are unimproved, backfilling and surface repairs shall be as specified for unimproved roads, Subsection 17-3.8f2 above. Where shoulders are of bituminous pavement, the provisions of Subsection 17-3.8f3 above shall apply. Where shoulders are of portland cement concrete, the provisions of Subsection 17-3.8f4 above shall apply.
h. 
Curbs, gutters, sidewalks, driveways, etc. Where the opening involves cutting through existing curbs, gutters, sidewalks, driveways and any other surface structures, the permittee or permittee's contractor shall rebuild or replace such surface structures as closely as possible duplicating the original as to dimensions, grade, appearance and materials. Curbs and gutters shall be reconstructed of four-thousand-pound concrete; sidewalks, concrete aprons and other miscellaneous structures shall be reconstructed of concrete of 4,000 psi.
i. 
Existing pipes, utilities and subsurface structures. Any existing subsurface pipes, utilities, lines, drains, foundations, abutments, inlets or other structures that may be disturbed, damaged or removed during the necessary opening work are to be replaced, reconstructed or repaired under the direction of the Borough Engineer and the appropriate officials of the utility company whose facility may be involved. Such replacement, reconstruction or repair shall be made using materials, methods and standards of workmanship at least equal to those of the existing feature or, in the case of a public utility facility, to the standards imposed by said utility. Caution and care shall be exercised by the permittee not to disturb such existing structures or facilities exposed by the opening and found to be in or adjacent to the opening.
j. 
Other ordinances. If and when the Borough may have adopted other ordinances detailing standards or specifications for the construction of any structures or facilities covered by Paragraph d through i above, then such ordinance provisions shall govern the standards to be applied for openings or excavations under this section.
k. 
Temporary surfacing. Pending the actual repaving or reconstruction operations stated above, the permittee or permittee's contractor shall provide a temporary pavement or surface over the compacted refilled opening or such material as shall be directed by the Borough Engineer. The contractor shall maintain, refill and temporarily repave said surface from time to time as may be required by the Borough Engineer until a permanent pavement has been constructed, to provide a properly graded traveling surface. Where bituminous concrete temporary pavement is indicated and warranted, as determined by the Borough Engineer, such temporary pavement shall be constructed two inches thick of bituminous concrete, Mix I-2 or equivalent material approved by the Engineer.
l. 
Tunneling. In cases where it becomes necessary to resort to tunneling operations to accomplish the opening work in a most practical way, then the backfill in such tunnel shall be rammed soil composed of a mixture by volume of one part cement to six parts of aggregate material, such as sand or three-fourths-inch quarry blend stone. Tunneling shall be permitted only with the approval of the Engineer and when the need for tunneling is indicated on the application for a permit. Jacking or drilling is not considered to be tunneling.
m. 
Drilling. Drilling will be permitted when the need is indicated on the application for the permit and when the Borough Engineer certifies that in the Engineer's opinion other existing structures or utilities will not be disturbed or damaged thereby.
n. 
Blasting. No blasting shall be allowed, unless approved by the Engineer or his designee. Blasting work shall be done only by an experienced and, where required, licensed dynamiter and only after all required safety precautions have been taken and other necessary permits, if any, obtained. The Engineer may require a permittee to give such notice as the Engineer may designate to the property owners in the areas which the Engineer indictes may be affected by the blasting.
o. 
Surplus materials. The permittee or permittee's contractor shall remove all surplus or unusable fill, debris and other materials from the job site at the permittee's own expense. The area shall be left cleaned up at the end of the work, to the satisfaction of the Borough Engineer. Machinery, vehicles and tools of the contractor shall be promptly removed from the job site when the work has been completed.
a. 
Safety precautions.
1. 
The permittee and the permittee's contractor shall keep all openings, all excavated materials and all other machinery, tools or other materials properly guarded and shall place and maintain barricades, temporary fencing, guards or other appropriate warning devices at all times during the progress of the work. Adequate flashing warning lights shall be operated at the opening site to warn the public from one hour before sunset until one hour after sunrise. The permittee and the permittee's contractor shall at all times comply with all state safety regulations outlined in the Construction Safety Code of the Department of Labor and Industry, Bureau of Engineering and Safety, State of New Jersey, effective November 15, 1963, as may be amended from time to time.
2. 
The permittee or the permittee's contractor is required to contact the New Jersey One Call System (1-800-272-1000) for a utilities markout, in accordance with New Jersey State law, prior to commencing work.
b. 
Cleanliness. If dust, dirt, air pollution, poor housekeeping or detrimental material is allowed to exist, occur or continue as a result of the work to the point where the public is unduly inconvenienced or disturbed, in the opinion of the Borough Engineer, the Engineer may stop the work until the situation complained of is eliminated. Streets are to be kept broom cleaned on a daily basis. If dust persists, streets may be required to be hosed clean. The Borough Engineer may direct the permittee or the permittee's contractor to spread dust-inhibiting chemicals.
c. 
Maintenance of traffic. At all times during the course of construction, at least 1/2 of the traveled way shall be kept open for public vehicular travel, unless the permittee or the permittee's contractor provides and marks, to the satisfaction of the Borough Police Chief, a suitable detour which is approved in advance and marked in accordance with the direction of the Borough Police Department. The permittee shall, at all times, make provisions for local residents to have access to their properties and shall maintain the roadway and adjacent area free from needless obstruction. During all working hours that single-line traffic is necessary, the permittee shall provide flagpersons as necessary. No length of street, road, shoulder or embankment shall be left open at any one time in access of 500 linear feet.
d. 
Protection of private property. Prior to starting work on the opening, it shall be the responsibility of the permittee to advise each nearby or adjacent property owner, whose property will be temporarily inconvenienced or disturbed by the project, when the work will be commenced and what effect the work will have on the owner's use of the owner's property. The permittee will be solely responsible for any damage, inconvenience or disruption to nearby or adjacent properties and will save the Borough harmless from any claims arising from the conduct of the work. It will be the permittee's obligation and responsibility to arrange for any rights of entry or easements needed. The permittee shall not store tools, machinery, materials, dirt or debris on private property nor use water, electricity, telephone or other private facilities without first obtaining permission from the property owner.
e. 
Maintenance of newly reconstructed surface facilities. The permittee assumes the responsibility of refilling the excavation, as it may sink, consolidate or break out from time to time, whether the repair is temporary or permanent, and keeping the surface level and smoothly blended with the surrounding undisturbed pavement. After permanent repavement and approval by the Borough, the permittee shall be responsible for maintaining the opening site for a period of 18 months, refilling, compacting, repaving, repairing damage, restoring turf or shrubbery, all as directed by the Engineer when necessary, and, in the case of undue trench settlement, may be required to reopen the trench or excavation to ascertain the cause of undue settlement and to remedy the fault, all as required by the Engineer.
a. 
Final release. All openings made and restored under terms of this section and any permits issued shall be subject to final release and acceptance, in writing, by the Borough Engineer. No deposit money shall be returned or bond released until after said written release has been effected. This release will not normally be effected until the expiration of the eighteen-month period specified above in Subsection 17-3.9e.
b. 
Exemptions.
1. 
The provisions of this section shall not apply to any person, partnership, firm, corporation or contractor making openings or doing construction or repair construction work as defined herein on Borough roads, public improvements, public property easements or facilities under or in pursuance of a contract entered into between such person, partnership, firm, corporation or contractor and the Borough, insofar as this section applies to fees, bonds or other deposits required or to applications for permits as covered in Subsection 17-3.1, 17-3.3, 17-3.4, 17-3.5 and 17-3.6 herein. Subsection 17-3.2 and 17-3.8 herein shall apply to such work done under contract with the Borough, and these sections shall be construed as being included in all contract provisions for work involving openings. The provisions of this section also shall not apply to work being done on openings in the Borough by working forces of the Borough.
2. 
The provisions of this section shall not apply to opening work involved within the rights-of-way of roads or easements owned, regulated and within the responsibility of the County of Bergen and the State of New Jersey or their various departments, bureaus or agencies.
3. 
The provisions of this section shall not apply to the installation, erection, replacement or maintenance of wood utility poles for electric distribution, telephone or telegraphy installations nor to such other appurtenances, such as stub poles, anchors, guys or ground lines, incidental to those poles where such poles and appurtenances belong to any of the franchised public utility companies operating with the Borough.
c. 
Major subdivisions. The provisions of this section shall apply to openings involved within newly developed major subdivisions in the Borough, whenever it is intended that the Borough will accept the roads, easements or utility facilities within the Borough street system or for Borough maintenance and responsibility, except that whenever the subdivision construction work, including such proposed openings, is covered under a surety or performance bond arrangement or a cash deposit, as a condition imposed for subdivision approval, then no additional deposit, arrangement or permit procedure will be required under this section.
d. 
Filing of plans. At the conclusion of the work, the permittee shall file with the Borough Engineer three sets of as-built plans or drawings showing dimensionally all subsurface facilities as finally located and installed, and also showing changes, if any, made to surface features. Revisions made to old plans by the permittee previously filed will be annotated and dated for any new opening revisions.
Any person who shall violate any of the provisions of this section shall, upon conviction thereof, be punished by a fine of not more than $200 or be imprisoned in the county jail for not exceeding 90 days, or both.
[Ord. No. 821 § 1]
The property described in a certain easement agreement between East Brook Estates and the Borough of Ramsey dated September 15, 1976, and recorded in the Bergen County Clerk's Office on October 14, 1976, in Book 6171, page 29, which property is described as follows:
BEGINNING at a point in the northerly end of Knollwood Drive distant easterly along the same 16 feet from its intersection with the dividing line between lots 30-3 and 30-4, Block 35A and running thence northeasterly about 34' to the southwesterly corner or Lot 31F16; thence (2) along the southerly line of Lot 31F16, N89° -56E 211.29' to a previously given easement in the northeasterly corner of Lot 30-4 all as known on Final Subdivision Map Knollwood Homes, Tax Map Lot 30, Block 35-A, Sheet 32, Borough of Ramsey, Bergen County, New Jersey, prepared by Ernest T. Chick/Meno Nershi, dated July 28, 1976, filed shall be used as a pedestrian walkway only. No vehicles, motorcycles, mopeds, snowmobiles, bicycles or other items of a similar nature, whether motorized or nonmotorized, shall be used upon the aforesaid easement.
[Ord. No. 522]
The basic standards set forth in Subsections 17-5.1 through 17-5.8, inclusive, shall apply to all public improvements hereafter constructed in the Borough in connection with subdivisions of property by the Planning Board under Chapter 32, Subdivision Regulations, in connection with approval of site plans for garden apartments, shopping centers, and uses permitted in the B-3 Highway Commercial District and Industrial Park District, and in connection with any other construction of public improvements generally.
[Ord. No. 522]
a. 
Pavement for streets 50 feet in width shall be constructed 30 feet wide from curb to curb with a total depth of 7 1/2 inches, made up of the following courses:
1. 
Four-inch thickness of macadam base course;
2. 
Two-inch thickness of modified penetration macadam intermediate course.
3. 
One and one-half-inch thickness of hot-mixed bituminous concrete wearing course.
b. 
Where streets are in excess of 50 feet in width, the width of pavement from curb to curb may be increased accordingly.
[Ord. No. 522; amended 4-11-2007 by Ord. No. 11-2007]
All curbing on newly laid out and constructed roads shall be constructed of Belgian block in accordance with the construction standards and specifications of the Borough unless concrete curbing is approved by the Planning Board.
[Ord. No. 522]
Sidewalks shall be constructed of concrete not less than four feet wide and four inches in thickness within the ten-foot sidewalk and curb area of the dedicated portion of the street. At driveways, the sidewalks shall be not less than six inches in thickness and a concrete apron six inches in thickness shall be constructed between the curb and sidewalk at the driveway.
[Ord. No. 522]
Storm drains and storm drain appurtenances adequate to properly drain property in the area and adequate to properly drain the street adjacent thereto shall be constructed and installed to the line, grade, size and type approved by the Borough Engineer. Plans shall be submitted to the Borough Engineer for his approval before any work is commenced. In general, channels will be permitted only where the size of the pipe or pipe arch which would be required to contain the flow of the same exceeds 42 inches in diameter or its hydraulic equivalent. The lining of channels with paving, rip-rap, or other type of lining may be required if in the judgment of the Borough Engineer the same will improve drainage or maintenance.
[Ord. No. 522]
Water mains and appurtenances shall be constructed and installed at the locations and of a size and type approved by the Board of Public Works Water Department, and in such a manner as to adapt itself and be most advantageous to the water system of the Borough and its connection. Such water mains shall be at least eight inches in diameter, of cement-lined cast iron or asbestos-cement pressure pipe.
[Ord. No. 522]
Sanitary sewers shall be constructed, installed and properly connected with an approved system, if there is one, and shall be adequate to handle all existing and future development. Where trunk lines and grades for a municipal system have been established for the area in which a new subdivision is located, a sewerage system shall be constructed and installed to provide a connection between all properties in the subdivision and the nearest part of the municipal system, whether or not the municipal system has been actually established and completed. Sanitary sewers generally and sewer systems in developments and appurtenances thereto shall be constructed and established to the line, grade, location, size and type approved by the Borough Engineer and in such a manner as to function properly and efficiently for the purpose of sanitary sewerage disposal.
[Ord. No. 522]
Workmanship, materials used, methods and procedures for the installation of all of the municipal improvements provided for, shall be in accordance with detailed specifications and drawings, and any amendments and supplements adopted and approved by resolution of the governing body, the Planning Board, and the Board of Public Works of the Borough and on file with the Borough Clerk.