[Adopted 5-12-1908 by Ord. No. 60; readopted 8-1-1967 by Ord. No.
476 (Ch. 221, Art. I, of the 1975 Code); amended
in its entirety 6-11-2018 by Ord.
No. 2018-009]
No person shall encumber or obstruct the free use of any public
right-of-way, street, sidewalk, road or public place within the Borough
with any article or thing whatsoever required for operations on or
connected with his adjacent premises, without having first obtained
a permit therefor as herein provided.
No person shall throw, put or place, or cause or permit to be
thrown, put or placed, into, upon or within any public street, sidewalk,
road or highway in the Borough any substance, matter or thing whatsoever
whereby the safe, free and unobstructed use of the same by the public
may be in any way impeded or interfered with, or whereby the same
may be rendered unsightly in appearance. No person shall put, deposit
or leave any rubbish or refuse in or upon any of the sidewalks, gutters,
public streets, roads or places within the Borough.
No person shall establish, change or construct any culvert,
driveway or approach thereto on any public street or road until a
permit shall have been granted therefor as herein provided. Whenever
any person shall desire to establish, change or construct any culvert,
driveway or approach thereto, the proper lines and grades shall be
established by a licensed New Jersey professional engineer and reviewed
by the Borough Engineer, and the work shall be done in accordance
therewith.
No person or persons using the public streets or roads of the
Borough shall chain, tie or block the wheels of any vehicle in any
manner so that they will not revolve; provided, however, that this
provision shall not apply when said roads or streets are covered with
snow or ice or both.
A.
No person shall permit any animal belonging to him to run at large
in any street, road or public place of the Borough, or tie or tether
any such animal in any public place or upon any unenclosed lot in
such manner as to allow the animal to stray or go upon a public road,
street or place.
B.
No person shall ride any bicycle or similar vehicle within the Borough
unless said person complies with the provisions of N.J.S.A. 39:4-10
concerning lights and reflectors. No person shall ride any bicycle
or similar vehicle or drive or pass over or upon any sidewalk within
the Borough with any vehicle, except baby carriages and conveyances
used and occupied by invalids, or children's velocipedes or tricycles
when used by children under 10 years of age, except at driveways constructed
across such sidewalk. In case it should be necessary to cross said
sidewalk at a place other than at a regularly constructed driveway,
the sidewalk and curb shall be protected by planks, boards or other
material so that the sidewalk or curb will not be broken or injured.
No person shall build or construct any bay window, store window or projection from a building which shall extend more than one foot into any public street without permission from the Building Department. Notwithstanding the foregoing, any such bay window, store window or projection shall be subject to all other applicable regulations of the Borough of Edgewater, including the provisions of § 240-114D.
No person shall build or construct any areaway, cellar opening
or entrance over the line of any public street or sidewalk without
providing the same with an iron covering resting on a level with the
street when closed, nor build nor construct any such areaway, cellar
opening or entrance extending more than three feet over the line of
any such street or sidewalk.
A.
No person, persons, firm or corporation, municipal or private, nor
any utility company, public or private, or licensed contractor shall,
for any purpose, open, disturb, excavate, bore, tunnel or drive under
or in any way impair the surface or subsurface within the limits of
any Borough right-of-way, street, road, highway, park or public place,
or any sidewalk, gutter or pavement thereon, for any purpose whatsoever
without first obtaining a road opening permit from the Building Department
of the Borough.
B.
Only such persons, firms, corporations, companies or contractors
to whom or to which permits have been granted shall be permitted to
perform such work and then only in the manner herein required and
only as specifically allowed in the permit. Assignment of rights under
any permit issued hereunder is prohibited, and permits purportedly
assigned shall be immediately void. Contracting or subcontracting
work to a person, firm or corporation to whom or to which no permit
has been granted is prohibited.
C.
Nothing contained in this section shall be construed as requiring
the issuance of a permit for the performance of any work done by the
Borough of Edgewater or under a contract with the Borough for the
construction of municipal improvements.
A.
Any person, firm, corporation, company or contractor desiring to
excavate or in any way dig up or disturb the surface of any public
right-of-way, street, road, highway, park or public place in the Borough,
or who or which shall desire to encumber or obstruct the free use
of any right-of-way, street, road, highway or public place in the
Borough with any article or thing required for operations on or connected
with his adjacent premises, or who or which shall desire to establish,
change or construct any sidewalk, culvert, gutter, driveway or approach
thereto on any public street or road shall make an application to
the Building Department for a permit therefor and must maintain adequate
protective devices by day, including lights by night, to ensure the
safety of the public. The Construction Official may grant such permit,
and in such case the excavating, digging up or otherwise disturbing
of the location specified shall be in strict accordance with the permit
granted. As a prerequisite to the granting of such permit, the applicant
shall give a satisfactory performance guarantee to the Borough. The
applicant shall comply with the terms of the permit with all reasonable
speed and shall restore the site thereof to a condition equivalent
to or better than that which existed at the time the permit was granted.
B.
The applicant shall protect the worksite and any such excavations
without cost to the Borough and shall save the Borough harmless from
all or any loss or damage which may be incurred by reason of the work
done under such permit. The performance guarantee herein provided
for shall remain in force, and the obligor and surety therein mentioned
shall remain liable thereon, until a certificate from the Superintendent
of Public Works certifying that the terms of said guarantee have been
fully complied with has been filed with the Building Department. Special
care must be taken in backfilling and compacting all trenches, and
all paved surfaces or portions of streets removed must be replaced
with new materials. All turf areas shall be restored to a full stand
of grass.
A.
The Construction Official shall not issue a permit unless the applicant
has deposited as security for faithful performance a certified check
made payable to the Borough of Edgewater or filed a bond with a surety
satisfactory to the Borough Attorney, the amount thereof to be based
upon the value of the required restoration work as calculated by the
Construction Official.
B.
A public utility applicant may, in lieu of the security required
above, deposit an annual corporate bond in the amount of at least
$20,000. The surety bond shall be renewed annually. In the event that
a public utility applicant applies for a permit for road opening and/or
road openings and the required security deposit fee exceeds the $20,000,
the public utility applicant shall file a surety bond in an amount
equal to the difference between the $20,000 and the required security
deposit. For all non-public-utility applicants, the surety bond shall
be at least $1,000. A certified check for a lesser amount may be deposited,
however, in an amount commensurate to the value of the restoration
work to be performed as calculated by the Construction Official.
C.
Upon satisfactory completion of all work permitted or required under
the permit, a maintenance guarantee will be posted with the Borough.
If the security deposit is $2,000 or less, the Borough of Edgewater
will retain 100% of the security deposit as security for maintenance
of the work for a period not to exceed one year from the date of completion,
provided that if the security deposit is in the form of a certified
check, the permittee may deposit a surety bond of $2,000 satisfactory
to the Borough Attorney to replace the certified check. If the security
deposit is greater than $2,000, then the Borough will release or refund
the security deposit with the approval of the Construction Official,
upon the posting of a surety maintenance bond in the amount of 15%
of the security deposit but not less than $2,000. All bonds posted
for maintenance guaranty purposes and certificates of insurance shall
contain a provision that the same shall remain in full force and effect
for a period not to exceed one year after the last work under any
permit has been completed and accepted by the Borough.
No permit shall be issued until the applicant furnishes the
Construction Official with satisfactory proof that he is insured against
injury to persons and damage to property caused by any act or omission
of the applicant, his agents, employees or subcontractors in the course
of the work to be performed under the permit. The insurance shall
cover all hazards likely to arise in connection with the work, including,
but not limited to, collapse and explosion, and shall also insure
against liability arising from completed operations. The limits of
the policy of insurance shall be for injury to any one person, for
injuries to more than one person in the same accident, and an aggregate
for property damage for a single incident. All commercial limits shall
be a minimum of $10,000,000 in coverage. The Construction Official
may waive the requirements of this section for a public utility upon
the presentation of satisfactory proof that it is capable of meeting
claims against it up to the amount of the limits of the insurance
policy which would otherwise be required. The minimum graduated limits
for residential road opening are hereby established:
|
Number of Units
|
Insurance
|
|---|---|
|
1 to 10
|
$2,000,000
|
|
11 to 50
|
$3,000,000
|
|
51 to 100
|
$5,000,000
|
|
100 or more
|
$10,000,000
|
In cases of emergency, such as the opening of drains or the
repairing of drains, sewer, gas or water pipes, when sudden stoppages
or breaks have occurred, the permit herein provided for may be granted
by the Construction Official or Superintendent of Public Works upon
such terms and conditions as herein provided as he may deem proper.
All permits granted shall recite by whose order the same are
granted and shall be signed by the Construction Official and shall
have the Seal of the Borough affixed thereto. A record thereof shall
be kept by the Building Department. Each permit shall be numbered
and recorded. Each permit shall specify fully the name and residence
or post office address of the person, firm or corporation to whom
it is granted, the place or places at which the work is to be done
or the obstruction placed, the character of the work or obstruction,
and the time within which it is to be completed or removed. No permit
shall be valid except for the place, time and work specified for therein.
The applicant for such permit shall pay a fee of $50 to the
Building Department for preparing and recording each excavation permit
granted hereunder.
A.
Each applicant obtaining an excavation permit shall, before its issuance,
pay to the Building Department the sum of $50 per opening. The Borough
shall have the option of billing public utilities on an annual lump-sum
basis based upon the number of openings made by the utility in the
prior calendar year, subject to an adjustment in the current calendar
year based upon the actual number of openings made.
B.
In addition, the applicant shall post with the municipality such
fees that are reasonably anticipated to be required to reimburse the
Borough for the cost of plan review and inspections as may be required
by the Construction Official, Superintendent of Public Works or the
Borough Engineer. The amount of such deposit and the scope of such
review and inspection shall be subject to the reasonable discretion
of the Construction Official. All moneys remaining on deposit at the
completion of the work not required for the reimbursement of review
and inspections shall be promptly returned to the applicant.
C.
No fee shall be required for any permit to be issued to a municipal
agency.
A.
A tunnel or excavation may be commenced without a permit where an
emergency has arisen which makes it necessary to commence work immediately,
provided that an application for a permit is filed simultaneously
with the commencement of work, together with an estimate of fees required
and the estimated performance guaranty. In such an emergency, the
filing of the application and posting of fees and estimated performance
guaranty may be delayed until the next business day subsequent to
the commencement of work where the emergency has arisen subsequent
to the close of business of the next previous day. When issued, the
permit shall be retroactive to the date on which work began.
B.
The Construction Official may issue permits to other public bodies
without a fee.
C.
No permit shall be issued between December 1 and March 15, except
for an emergency.
All applications for street openings shall be filed with the
Construction Official and shall contain the following information:
A.
The name, address and telephone number of the applicant.
B.
The name, address and telephone number of the party to be reached
in case of an emergency.
C.
The name of the street where the opening is to be made and the street
number of the abutting property.
D.
The Borough Tax Map blocks and lots of properties abutting and lying
adjacent to the portion of the street to be opened.
E.
The name, address and telephone number of the property owner for
whose benefit the opening is to be performed.
F.
The character and purpose of the proposed work.
G.
The nature of the surface in which the opening is to be made.
H.
The estimated time when work is to be commenced and completed.
I.
Plans and specifications, to be filed in quadruplicate, showing the
exact location and dimensions of all openings.
J.
The name and address of the person who is to perform the work.
K.
An acknowledgment that the applicant agrees to replace, at its own
cost and expense, the street, curb, gutter, sidewalk and all other
disturbed areas in accordance with the current Borough standards within
45 days from the date of the commencement of work; provided, however,
that, upon commencement of work and completion of the first day of
work, the areas shall be temporarily restored by the placement of
a stabilized base course or maintained as determined in the reasonable
judgment of the Superintendent of Public Works until the final surface
course has been placed on the area. The placement of the final surface
may be delayed in the event of the winter season to a date no later
than April 15.
A.
The Construction Official may refuse the issuance of a permit if
such is in the interest of the public safety, convenience, health
or welfare.
B.
If a permit is refused by the Construction Official, an appeal may
be taken to the Mayor and Council, which, after hearing, may direct
the issuance of a permit or sustain the denial thereof.
Permits shall be issued under the authority of the Construction
Official in accordance with the provisions of this article and the
regulations which such official may establish in the interest of the
public safety and welfare. The Construction Official shall determine
the initial time limit during which the permit shall be valid.
All permits issued under this article shall be subject to the
following rules and regulations:
A.
All excavations shall be kept properly barricaded at all times and
during the hours of darkness shall be provided with proper warning
lights. This regulation shall not excuse the permittee from taking
any other precaution reasonably necessary for the protection of persons
or property.
B.
All work shall be done in a manner which causes a minimum of interference
with travel on the street affected. No street shall be closed to traffic
unless the closing is approved by the Chief of Police. The Police
Department shall be informed of all street closings at least 24 hours
in advance except where the work is of an emergency nature, when notice
shall be given to the Police Department when work commences.
C.
All refuse and material shall be removed upon completion of each
day's work.
D.
All excavations shall be completely backfilled by the permittee and
shall be compacted by tamping or other suitable means in the manner
prescribed by the Superintendent of Public Works. Where the Superintendent
of Public Works determines that the excavated material is unsuitable
for backfill, the permittee shall backfill the excavation with dense
graded aggregate, sand and gravel or other suitable material, which
shall be placed in layers not exceeding six inches in depth and thoroughly
compacted in the manner prescribed by the Superintendent of Public
Works. Upon completion of the work, the permittee shall remove any
excess material and leave the premises in a clean condition. If the
Superintendent of Public Works determines that a backfilled excavation
has settled or caved in, he shall notify the permittee, who shall
promptly repair the deficiencies.
G.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
H.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable state laws
and regulations.
I.
If the work is not completed within the time specified in the permit
or any extension granted by the Construction Official or is not performed
in accordance with the regulations set forth in this section and any
other regulations that may be established by the Construction Official,
then the Superintendent of Public Works may complete the work or cause
the work to be completed and restore the surface of the street. The
cost of completing the work and restoring the street shall be charged
to the permittee and may be deducted from his deposit or recovered
by an action in any court of competent jurisdiction.
The permittee shall restore the surface of the street in accordance
with the following rules, regulations, and requirements:
A.
The Superintendent of Public Works, at his discretion, will determine
if an infrared heater is to be used in combination with the installation
of the below hot asphalt mix in order to restore the roadbed to a
satisfactory condition.
B.
The restoration of a street foundation or surface shall not commence
until the Superintendent of Public Works determines that settlement
of the subsurface is complete and the area properly prepared for restoration.
C.
The foundation shall be restored to a width of 12 inches wider than
the width of the trench, except where deemed unnecessary in the reasonably
exercised judgment of the Superintendent of Public Works.
D.
The street surface pavement shall extend 12 inches wider than the
width of the foundation and six inches longer than the length of the
foundation.
E.
In all cases, the foundation shall be constructed of such material
and in such manner as will best serve its intended purpose as deemed
appropriate by the Superintendent of Public Works.
F.
Temporary restoration shall consist of a minimum of six inches of
hot mix asphalt, Mix I-5, compacted and brought to grade and shall
be maintained by the permittee to grade.
G.
Permanent restoration shall consist of a minimum of eight inches
of hot mix asphalt, Mix I-2, and two inches of hot mix asphalt, Mix
I-5, surface course applied with appropriate tack coat to adjacent
pavement surface.
A.
A permit shall apply only to the person to whom it is issued and
shall not be transferable.
B.
Work under a permit shall commence within 45 days of the issuance
thereof. If work is not begun within that time, the permit shall automatically
terminate until extended in writing by the Construction Official.
C.
Copy of permit required; revocation.
(1)
A copy of the permit, together with a copy of the plan indicating
approval by the responsible municipal official, shall be kept in the
possession of the person actually performing the work.
(2)
Revocation.
(a)
A permit may be revoked for any of the following reasons:
[1]
Violation of any provision of this article or any
other applicable rules, regulations or ordinances.
[2]
Violation of any condition of the permit issued.
[3]
Performing work under the permit in a manner which
endangers life or property or which creates any condition which is
unhealthy, unsanitary or is otherwise contrary to the public health,
safety concerns or general welfare.
(b)
The procedure for revoking a permit shall be the same as for
its issuance, with the initial hearing before the Construction Official
and with a right of appeal to the Mayor and Council; provided, however,
that the responsible municipal official may provide that the revocation
shall not become effective if the applicant corrects the violation
within a definite time period.
D.
The Mayor and Council, Construction Official or Superintendent of
Public Works may impose special conditions when deemed necessary for
the protection of the public health, safety concerns or general welfare.
A.
The Construction Official may make any rules and regulations deemed
necessary for the administration and enforcement of this article,
provided that the same shall not be inconsistent with or alter or
amend any provision of this article. Such regulations shall be effective
only upon approval by the Mayor and Council.
B.
Utility companies shall report to the Mayor and Council, the Borough
Engineer, and the Superintendent of Public Works, on an annual basis,
their intentions with regard to prospective work requiring future
street openings in the Borough for the purpose of coordinating such
activity with pavement and resurfacing projects anticipated by the
Borough.
C.
Except in the case of an emergency, the Borough shall have the right
to schedule street openings with utility companies in a manner which
will create the least disturbance to pavement courses, and particularly
those areas that have been recently resurfaced.
