In and on any public street, highway, avenue or alley in the Borough of Bellmawr, the grade of which has been lawfully established or which hereafter may be established, gutters, curbs and sidewalks shall be set or reset, laid or relaid, altered, repaired, constructed and maintained at the expense of the abutting property owner as provided by law.
[HISTORY: Adopted by the Mayor and Council of the Borough of Bellmawr as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-16-1972 by Ord. No. 4-72 as Ch. 87 of the 1972 Code]
All gutters, curbs and sidewalks hereafter set, reset, laid, relaid, altered, repaired or constructed shall be done in compliance with the regulations of the Department of Public Works of the Borough of Bellmawr and under the supervision of such officer or employee as the Director of Public Works may designate.
Whenever any gutter, curb and/or sidewalk is required to be set, reset, laid, relaid, repaired or constructed in the Borough of Bellmawr, application by the owner of the abutting lands, or his contractor, for a permit shall first be made to the Department of Public Works, specifying grade, dimensions, mix materials and the method of construction or repair to be used. The Director of Public Works or such officer or agent as he shall designate shall examine said specifications and register his approval or disapproval thereof. Upon approval thereof, a permit shall be issued to the applicant for such construction and/or repairs.
All grades and specifications shall be furnished by the Borough Engineer at the expense of the adjoining landowner.
The owners of lots, tracts and parcels of land fronting or abutting on any public street, highway, avenue or alley in the Borough of Bellmawr shall, at his, her or their own cost and expense, set, reset, lay, relay, alter, repair, construct and maintain gutters, curbs and sidewalks in front of or adjoining the same when notified so to do by the Director of Public Works, pursuant to a resolution adopted by the Mayor and Council of the Borough of Bellmawr.
Whenever the Mayor and Council of the Borough of Bellmawr shall deem necessary the construction, repair, alteration or relaying of any gutters, curb or sidewalk in the Borough of Bellmawr, they shall, by resolution, specify the improvements to be made. Upon the adoption of such resolution by the Mayor and Council, they shall cause a notice, in writing, to be served upon the owners or occupiers of the lands so designated, requiring the necessary specified work to said gutters, sidewalks and/or curbs to be done by the owners or occupiers within a period of not less than 30 nor more than 90 days from the date of service of such notice.
A.
Service of such notice upon owners or occupiers of said lands shall be made as follows:
(1)
If residents in the Borough of Bellmawr, either personally or by leaving the same at their usual place of residence with a member of the family above the age of 14 years, or by leaving the same at their usual place of business with a member of their business staff above the age of 14 years.
(2)
If such lands are occupied, a copy of such notice may be attached to the improvements thereon in a conspicuous place.
(3)
If such lands are unoccupied and the owners are not residents of the Borough of Bellmawr, said notice shall be mailed, postage prepaid, to his, her or their last known post office address.
(4)
If the owners are nonresidents of the Borough of Bellmawr and his, her or their post office address cannot be ascertained with reasonable certainty, then said notice shall be published in a newspaper circulating in the Borough of Bellmawr at least twice and not less than 40 days before the improvements and/or repairs are made by the Borough.
B.
Each such notice shall contain a description of the property affected thereby, sufficiently definite to identify the same; the plate, block and lot by which said property is designated on the Official Tax Map of the Borough; the name or names of the owner and/or owners as recorded in the tax records of the Borough; and a brief description of the required improvements and/or repairs.
C.
Proof of service of any such notice shall be filed within 10 days thereafter with the Borough Clerk of the Borough of Bellmawr and with the Collector of Taxes of said Borough.
If the owners or occupants of such lands shall not comply with the requirements of such notice, it shall be lawful for the Director of Public Works to cause the required work to be done by direction of himself and under his jurisdiction. Upon its completion, the cost thereof shall be certified by him under oath to the Borough Clerk. The Director of Public Works shall keep an accurate account of the cost thereof and shall submit the same to the Mayor and Council at a regular meeting. Said Mayor and Council shall examine such report and the proof of service of notice requiring said work to be done, and if properly made and satisfied of the correctness thereof, said Mayor and Council shall approve and confirm such report and direct that it be filed with the Borough Clerk and the Collector of Taxes of the Borough, who shall record the amount of such costs as a sidewalk, water and/or curb assessment in the book in which other assessments of the Borough of Bellmawr are recorded. Before confirming the report, the Mayor and Council shall give notice to the owner or owners named therein of the time and place fixed for examination of the report. The notice shall be served in the same manner as required for service of notices before consideration by the Mayor and Council of assessments for benefits for local improvements. Said costs shall thereupon be and become a lien upon the abutting lands adjacent to which said work was done, to the extent that assessments for such improvements are liens, and shall bear interest from the date of such certification and confirmation at the same rate which other unpaid liens held by the Borough of Bellmawr bear.
The cost of any such improvement, if it becomes a lien as set forth herein, shall be collected in the manner provided by law for the collection of other assessments or liens. In addition thereto, the Borough of Bellmawr, at its option, may maintain an action to recover the amount thereof against the owner of said lands in any court of competent jurisdiction.
The Mayor and Council may each year include in its annual budget or tax ordinance an appropriation for gutter, curb and/or sidewalk repairs in addition to any existing maintenance fund, out of which appropriation all costs of construction and/or repairs of gutters, curbs and sidewalks during the year may be charged when it becomes necessary for the Director of Public Works to make such repairs and/or construction pursuant hereto. All moneys recovered or paid to the Borough under the provisions of this article, other than penalties as hereinafter set forth, shall be credited to the account out of which such work was paid.
The failure of any applicant, owner, his contractor, servant or agent to construct or repair such gutters, curbs and/or sidewalks in accordance with the specifications filed by him for the purpose of securing a permit under the terms of this article shall be and constitute a violation hereof.
Any person violating any provision of this article shall, upon conviction thereof, be subject to a fine not exceeding $2,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of a court of competent jurisdiction. Each and every day that such violation shall continue shall be a further and separate offense under the terms of this article, subject to the penalties herein prescribed.
[Adopted 3-16-1972 by Ord. No. 4-72 as Ch. 92 of the 1972 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
No person (defined to mean any corporation, company, association, firm, partnership or individual) shall make an excavation in or tunnel under any street for the laying of gas, water or sewer or for any other purpose without first obtaining a permit from the Director of Public Works.
B.
A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for permit is made as soon thereafter as is practical. The permit shall be retroactive to the date on which the work was begun.
C.
The Director of Public Works may issue permits to municipal public bodies without fee.
A.
Applications for a permit shall be made to the Director of Public Works and shall contain the following information:
(1)
The name and address of the applicant.
(2)
The name of the street where the opening is to be made and the street number, if any, of the abutting property.
(3)
The nature of the surface in which the opening is to be made (whether sewer, water or gas and whether new construction or the repair of an existing street).
(4)
The character and purpose of the work proposed.
(5)
The date when the work is to be commenced and date when work is to be completed.
B.
Each application shall state the identity and address of the applicant, the company performing such construction, the location where the excavation or tunnel is to be made, the approximate dimensions of the opening and the period during which the permit shall be valid. The original of each permit shall remain on file with the Director of Public Works with a copy to remain on file with the Department of Public Works.
[Amended 2-27-2025 by Ord. No. 01:02-25]
A.
Before the issuance of any such permit, the applicant shall deposit with the Clerk of the Borough the following amounts:
(1)
A minimum deposit of $1,000 in cash or certified check, which shall cover an excavation no larger than 30 square feet in area.
(2)
A minimum deposit of $2,000 in cash or certified check, which shall cover any excavations greater than 30 square feet in area, but no larger than 50 square feet in area.
(3)
An additional amount for all street openings in excess of 50 square feet, to be computed at $1 per square foot in excess of 50 square feet.
(4)
An additional amount, based on the unit prices in the preceding subsection, if the area actually excavated exceeds that estimated at the time application was made.
B.
The amount deposited shall be retained by the Borough for a period of 18 months from the date of the reconstruction of the road, to guarantee the proper performance of the work done by the applicant and the maintenance thereof in good condition by the applicant for said eighteen-month period.
C.
In addition to the above deposit, the applicant shall pay a nonreturnable fee to be used to pay the cost of personnel employed to process the application and permit and to inspect the work performed as follows:
(1)
Resident: A nonreturnable fee in the amount of $100 for each and every proposed opening of not more than 100 square feet in area and an additional sum of $100 is required for each additional area of 100 square feet or fraction thereof up to 300 square feet.
(2)
Business: A nonreturnable fee in the amount of $100 for each and every proposed opening of not more than 100 square feet in area and an additional sum of $100 is required for each additional area of 100 square feet or fraction thereof up to 300 square feet.
D.
Guaranty bonds:
(1)
Private applicants. When the amount of the deposit, as determined under § 400-15, would exceed $2,000 the applicant may, at his or her option, furnish a guaranty bond with corporate surety for the full amount of such deposit instead of making the required deposit. Said bond shall unconditionally guarantee that the applicant will make the proposed street opening, backfill same and restore the pavement in accordance with requirements of the Borough and maintain same for a period of 18 months from the date of the resurfacing of said road.
(2)
Public utilities. When the applicant is a public utility as defined by the statutes of the State of New Jersey, the Borough may accept in lieu of the required deposits and fees previously set forth herein, a guaranty bond to the Borough in the sum of $50,000. Such bond shall guarantee payment of the amount that would have been deposited in the event of failure of the applicant to comply with this article. Such bond shall guarantee that the public utility will make the proposed street opening, backfill the same and restore the pavement in accordance with the requirements of the Borough. Such bond shall also include a thirty-six-month guaranty. The Borough, at its option, may accept a corporate bond. Where the estimated cost of restoration exceeds $50,000, the public utility shall supply an additional bond to cover such expenses. Said bond shall not be considered to be filed until it is approved and accepted by resolution of the Borough Council. In the event that, after proper filing of a bond by a public utility as aforesaid, said public utility shall fail to abide strictly by the provisions of this article, the Borough Council may, by resolution and without prior notice to the public utility, revoke any privileges for street opening which may have previously been granted under its guaranty bond, and revoke said bond and return it to the public utility, and require cash deposits for all future street openings made by said public utility, as well as cash deposits for all openings not properly restored as of the date of revocation of said bond. The public utility must also pay a nonreturnable fee to be used to pay the cost of personnel employed to process the application and permit and to inspect the work performed in the amount of $100 for the first 20 square feet or part thereof of any opening and $50 for each additional 15 square feet or part thereof up to 300 square feet. In those cases where the Borough Engineer, upon inspection, determines that the opening, based on his or her experience and expertise, will be one out of the ordinary due to the underground conditions or work involved, or where the proposed opening involves construction of a longitudinal pipe main serving more than one property, or in any case where the area to be opened exceeds 300 square feet, or where the Director of Public Works or his designee has determined final restoration to be a complete mill and overlay of the roadway, applicant shall also pay the actual cost of and any and all inspections.
E.
If the roadway in which the street opening is being made is less than five years old since it was last paved and improved, the fee will be $2,000 paid by all applicants for any permit for each opening or excavation to any public street, roadway or highway in the Borough.
If the Supervisor of Roads determines that an excavation for which a permit has been issued is of greater dimensions than those stated in the permit, the Supervisor of Roads shall notify the Director of Public Works, who shall then notify the permittee that an additional deposit shall be required.
[Amended 2-27-2025 by Ord. No. 01:02-25]
A.
No permit shall be issued until the applicant has furnished the Director of Public Works with satisfactory proof that he is insured against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors done in the course of the work to be performed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the policy of insurance shall be $250,000 for injury to any one person, $500,000 for injuries to more than one person in the same accident and an aggregate of $100,000 for property damage for a single incident.
B.
Qualified utilities, as defined as utilities regulated by the New Jersey Board of Public Utilities, shall be exempt from this section, provided that proof of liability insurance is on file with the Director of Public Works.
[Amended 2-27-2025 by Ord. No. 01:02-25]
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 such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the Department of Public Works. It shall be the responsibility of the Department of Public Works to notify the Department of Public Safety of any such street closing. The Department of Public Works shall be informed of all street closings at least 24 hours in advance when practical.
C.
The Department of Public Works may, upon application by the permittee, extend the time limit during which the permit shall be valid.
D.
If the Department of Public Works determines that any backfilled excavation has settled or caved in, it shall so notify the permittee, who shall promptly continue backfilling with the materials specified until the Department of Public Works determines that settlement is complete.
E.
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.
F.
Utilities shall notify the Department of Public Works a minimum of one week in advance of scheduled street openings.
G.
Street openings shall be straight cut by saw/jackhammer.
H.
All work shall be done in accordance with Borough of Bellmawr standard details and specifications.
I.
Nothing contained within this chapter shall pertain when the applicant is a contractor performing work for the Borough.
[Amended 2-27-2025 by Ord. No. 01:02-25]
A.
Whenever any sidewalk, curb or gutter is broken up or excavated, it shall be restored to its proper condition as soon as practicable by the person having broken up or excavated it, at his or her own expense, to the satisfaction of the Borough Engineer or Director of Public Works or his or her designee.
B.
In the event of an excavation involving the Borough sewer system, the applicant must notify the Borough to inspect any excavation, including any repairs before said excavation is backfilled. All backfilling and restoration shall be done under the supervision of and in the manner prescribed by the Director of Public Works or his or her designee. Failure to call for inspections or failure to backfill and restore in the manner prescribed by the Director of Public Works or his or her designee shall result in the forfeiture of applicant's deposit and may result in failure to issue subsequent permits.
C.
Any person making any opening or excavation shall perform initial restoration of all such openings in those areas of the paved roadways or shoulders where the original pavement has been removed, disturbed or destroyed by the construction activity and backfill them in accordance with the following procedure, so that the roadway or surface is replaced in a condition as near as possible as it was prior to the opening or excavation.
(1)
All fill material shall be deposited in layers not exceeding six inches and each layer shall be rammed or tamped with pneumatic or power-driven mechanical tampers approved by the Borough Engineer or Director of Public Works or his or her designee.
(2)
Broken or crushed stone to be used in replacing the stone base shall be cast in separate piles and kept clean and separate from other excavation material and shall be carefully replaced to a minimum thickness of eight inches. The stone base shall be tamped and keyed with mineral filler.
(3)
All foundations shall be restored to a width six inches wider than the width of the excavation and six inches longer than the length of the excavation. All foundations shall be restored with the same type of material and to the same depth as existed prior to making the excavation, or a minimum of four inches, in accordance with the requirements of the NJDOT Standard Specifications for Road and Bridge Construction, latest edition.
(4)
The street surface shall be restored to a width six inches wider than the width of the restored foundation and six inches longer than the length of the restored foundation. All surfaces shall be restored with the same type of material and to the same depth as existed prior to making the excavation, or a minimum of two inches, in accordance with the requirements of the NJDOT Standard Specifications for Road and Bridge Construction, latest edition.
(5)
When filled, the excavation shall be level and flush with the finished grade of the street adjacent to the opening. A temporary patch shall be constructed by the permittee, consisting of two inches compacted thickness of cold patch material, Grade A or Grade B, as defined in the NJDOT Standard Specifications for Road and Bridge Construction, latest edition. The initial restoration shall be constructed within 24 hours after tamping of the backfill. Permittee shall, to the satisfaction of the Borough Engineer or Director of Public Works or his or her designee, maintain the surface of the trench until permanent restoration is made.
(6)
No permittee shall commence permanent surface restoration of any street for a minimum of 30 calendar days from the date of initial surface restoration, or until the Borough Engineer or Director of Public Works or his or her designee has deemed that settlement of the subsurface is complete and the area properly prepared for restoration.
D.
Following initial restoration and approval by the Borough Engineer or Director of Public Works or his or her designee that settlement of the subsurface is complete, any person making any opening or excavation shall perform permanent restoration of all such openings in accordance with the following procedure:
(1)
Permanent restoration with a bituminous street or alley. Whenever an opening is made in a pavement that has a bituminous surface, the pavement shall be cut out 18 inches wider than the width of the trench, that is to say, nine inches wider on each side thereof. The permanent pavement restoration shall consist of bituminous surface course to match existing in thickness, or a minimum of two inches (compacted thickness) of bituminous stabilized surface course, HMA 9.5M64 or equivalent as approved by the Borough Engineer or Director of Public Works or his or her designee.
(2)
Permanent restoration with a concrete street or alley. Whenever an opening is made in a pavement that has a concrete surface course, the pavement shall be cut out 18 inches wider than the width of the trench, that is to say, nine inches wider on each side thereof. The new concrete pavement shall consist of concrete surface course to match existing thickness, or a minimum of six inches, and shall be reinforced with 3/8 inch round reinforcing steel spaced six inches center or equivalent thereof.
(3)
If more than two individual excavations would be required within a 100-foot length, a single trench must be used rather than individual excavations. If more than one excavation or trench would occur within a 100-foot length, the applicant will be required to mill the existing roadway to a depth of two inches extended 10 feet beyond the extreme limits of trenches and install a two-inch-thick lift of bituminous stabilized surface course, HMA 9.5M64 or equivalent as approved by the Borough Engineer, for the entire length from curb-line to curb-line and or as approved by the Borough Engineer or Director of Public Works or his or her designee.
(4)
In cases where an applicant proposes multiple road openings on the same street, the Borough may require final restoration of the surface course to include a complete mill and repave if the aggregate of the openings exceeds 10% of the roadway surface area. The permanent restoration work for the closing of the street opening shall require mill and repave with two-inch-thick lift of bituminous stabilized surface course, HMA 9.5M64 or equivalent as approved by the Borough Engineer, from curb to curb for a length of 50 feet in both directions from any disturbance. The surface pavement material and sealant around the entire perimeter must be in accordance NJDOT Standard Specifications for Road and Bridge Construction, latest edition, and all work must be completed in a satisfactory manner as determined by the Borough Engineer or Director of Public Works or his or her designee.
(5)
If the roadway in which the street opening is being made is less than five years old since it was last paved and improved, the permanent restoration work for the closing of the street opening shall require mill and repave with two-inch-thick lift of bituminous stabilized surface course, HMA 9.5M64 or equivalent as approved by the Borough Engineer, from curb to curb for a length of 50 feet in both directions from any disturbance. The surface pavement material and sealant around the entire perimeter must be in accordance NJDOT Standard Specifications for Road and Bridge Construction, latest edition, and all work must be completed in a satisfactory manner as determined by the Borough Engineer or Director of Public Works or his or her designee.
E.
Nothing contained within this chapter shall pertain when the applicant is a contractor performing work for the Borough.
A.
Transferability. Every permit shall apply only to the person to whom it is issued and shall not be transferable. Permits issued to utilities shall show the identity of the utility.
B.
Commencement of work. Work under a permit shall commence with 45 days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate unless extended, in writing, by the Director of Public Works.
C.
Possession of permit. A copy of the permit must be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the Borough of Bellmawr.
The permit holder shall conform to the requirements in the current Manual on Uniform Traffic Control Devices, Part VI, when required by the Borough to provide barricades and/or signs.
Before any street is improved or paved, the Department of Public Works shall give notice to all persons owning property abutting on the street and to all public utilities and authorities operating in the Borough that the street is about to be paved or improved. All connections and repairs to utilities in the street and all other work which requires excavation of the street shall be completed within 45 days from receipt of notice. The time for the completion of the work may be extended, in writing, by the Director of the Department of Public Works upon application by the person performing the work. This section shall not excuse any person from the requirement of obtaining a permit as provided in § 400-13.
Any person who shall willfully violate any provision of this article shall, upon conviction, be punishable by a fine not exceeding $2,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the Judge of the Municipal Court, and each day's failure to comply with any such provision shall constitute a separate violation.