[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.
[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.
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For lots or land bounded by more than one street,
adjoining sidewalks on each street are included.
| |
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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.
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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:
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On streets or public places having curbs, the
area between the curb and the property line.
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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.
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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:
Any person, persons, partnership, association or corporation
who makes application for a permit.
The Borough of Ramsey, Bergen County, New Jersey.
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.
The licensed professional engineer duly appointed as Borough
Engineer, or the Engineer's authorized deputy, representative or inspector.
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.
Any applicant, as defined above, who has been issued a permit
and is obligated to fulfill all terms and conditions of this section.
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.
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.
Surfacing not exceeding 60 days in duration.
That portion of a road which, when constructed, is intended
to accommodate vehicular passage or travel.
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:
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:
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]
[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.
