[Ord. No. 6-27-78 § 2; Ord. No. O-05-06]
No person shall throw, put, place or cause to be thrown, put or placed, into, upon or within any public street or public place within the Borough any article or material whatsoever whereby the safe, free and unobstructed use of the same by the public may be anyway impeded or interfered with, or shall put, deposit or leave any paper, advertising matter, circulars, rubbish, refuse or other material in or upon any of the public streets or public places within the Borough provided, however, that cans or other suitable receptacles containing garbage or refuse may be placed upon such portion of the public right of way of any street in such manner as not to obstruct pedestrian or vehicular traffic and provided further that such cans or receptacles may be placed upon that portion of the right-of-way designated therefor only upon days or evenings prior to the days when the Borough Sanitation Department collects garbage and trash in that area and that such cans and receptacles shall be removed completely from the public right-of-way within six hours after garbage and trash collection is made. Refuse and recycling containers shall be no larger than forty-five gallon containers. Any container that does not conform to the provisions of this section shall not be utilized. The collector shall have the authority to refuse collection for failure to comply herewith.
[Ord. No. 6-27-78 § 3]
No person in the performance of his customary work shall encumber or obstruct any public street or public place within the Borough with any article or material whatsoever unless such encumbrance or obstruction is authorized by a written permit issued by the Borough Clerk as hereinafter provided.
[Ord. No. O-06-2016]
a. 
It shall be unlawful for any person, partnership, business, corporation, public utility, authority or any other entity to cut into, excavate, open, tunnel, undermine, occupy, deposit materials or disturb in any manner, any of the streets, roads, sidewalks, curbs, public easements or any portion of the right-of-way of the Borough for any purpose without first making written application to the Borough Clerk and obtaining a permit from the Borough Clerk consistent with the requirements of this section. Before the issuance of the permit, the applicant shall have filed with the Clerk a restoration/reconstruction bond or guaranty for performance approved by the Borough Engineer as to the amount and the Borough Attorney as to the form of same, signed by the applicant and guarantor and conditioned upon compliance with this section. The bond shall ensure the restoration of any disturbed area in accordance with Subsection 20-2.7 of these regulations.
[Ord. No. O-06-2016]
a. 
Applicant shall submit a written application for the issuance of such permit to the Borough Clerk, signed by the person making the application or by a duly authorized agent, and containing the following information:
1. 
Name, address and telephone number, and e-mail of the person or entity for whom the work is to be performed.
2. 
Location of the work area, including a map or sketch for projects of 200 square feet or less.
3. 
Plans prepared by a licensed professional engineer in the State of New Jersey showing existing roadway elevations, existing utilities, proposed utilities, profiles, cross sections, proposed roadway grades, and construction details.
4. 
A written outline or plan describing the work to be performed including a description of proposed materials, chosen utility locations, any anticipated conflicts, impacts to residents or businesses and need for the opening.
5. 
Number of square feet of surface to be opened for non-linear openings and total length of openings for linear projects.
6. 
Cubic content of material to be excavated.
7. 
Type of surface to be removed or disturbed.
8. 
Cubic content of material to be borrowed or imported.
9. 
Approximate date and time of commencement and estimated date of completion with an agreement by the applicant to refill or resurface the opening or excavation so that the street surface shall be restored to the same condition, or better, in which it was before.
10. 
The types of proposed traffic control devices and procedures to be utilized for the project, which devices and procedures shall be in conformity with the guidelines set forth in the Manual of Uniform Traffic Control Devices, current edition, hereinafter called the "MUTCD." The names and telephone numbers of at least two persons responsible on a twenty-four-hour call basis to handle emergency repairs for the contractor.
11. 
Proof that all applicable local, County, regional, State and Federal approvals/permits required to perform the work have been received.
b. 
The Borough Engineer shall review the application for a Road Opening Permit and make a determination of completeness within 30 days of submission. An application will be deemed complete when the information required by this section, inclusive of the nonrefundable permit application fee, have been received by the Borough and approved for administrative completeness by the Borough Engineer. In the event an application is deemed incomplete, the permit will be considered denied. If resubmitted within 90 days, all previously paid fees will be credited. In no case shall a permit be issued without compliance with this section.
c. 
Within 30 days of the Borough Engineer's determination that the application is complete, the Borough Engineer shall review submitted materials for technical compliance with these regulations and shall advise the Borough Clerk, who will issue a permit with conditions deemed to be reasonably necessary to carry out the purposes of this section, (i.e. a conditional permit subject to submission of further documents specifically required by this section) or decline to issue a permit consistent with the requirements of this section.
[Ord. No. O-06-2016]
An applicant shall furnish to the Borough proof, in writing to the Borough Clerk, that the applicant has in force, and will maintain in force during the performance of the proposed permit activities, liability insurance, naming the Borough of Monmouth Beach, its agents, employees and servants, as an additional insured. The insurance provided shall be in an amount not less than $300,000 for any one person, and $1,000,000 for any one accident, and shall include property damage insurance of not less than $100,000, duly issued by an insurance company authorized to do business in this State. All insurance shall provide that written notice of cancellation must be given to the Borough at least 30 days prior to effective cancellation date.
[Ord. No. O-06-2016]
a. 
For each road opening permit, the applicant shall pay to the Clerk an application fee as follows:
Application Fee Schedule
Type of Opening
Required Application Fee
Minor Openings (up to 200 S.F.)
$250
Major Linear Openings (Length/Width > 3.0)
$250 plus
•
$5 L.F. for the first 500 feet
•
$4 L.F. for the next 500 feet
•
$3 L.F. for the next 500 feet
•
$2 L.F. for the next 1,500 feet
•
$1 L.F. for all additional length
Major Non-Linear Openings (Length/Width < 3.0)
$250 plus
•
$3 S.F. for the first 300 S.F.
•
$2 S.F. for the next 200 S.F.
•
$1 S.F. for all additional area
b. 
For each road opening permit, the applicant shall pay to the Clerk an inspection fee as follows:
Inspection Fee Schedule
Type of Opening
Required Application Fee
Minor Openings (up to 200 S.F.)
$300
Major Linear Openings (Length/Width > 3.0)
$300 plus
•
$8 L.F. for the first 1,000 feet
•
$5 L.F. for all additional length
Major Non-Linear Openings (Length/Width < 3.0)
$300 plus
•
$5 S.F. for the first 500 S.F.
•
$3 S.F. for all additional area
c. 
_____
1. 
For road opening permits of 200 square feet or less, the applicant must furnish to the Borough a cash deposit or surety bond (restoration) to guarantee that the opening made by the applicant will be properly restored. The bond amount shall be $20 per square foot. A minimum performance guarantee of $500 shall be required.
2. 
In the case of openings more than 200 square feet, the applicant must furnish to the Borough a cash deposit or surety bond (restoration bond) to guarantee that the opening made by the applicant will be properly restored as required by Subsection 20-2.7. The amount of the restoration/reconstruction bond shall be calculated by the Borough Engineer consistent with the same procedure as outlined in N.J.S.A. 40:55D-1 et seq. for posting of performance bonds.
3. 
In addition, for road openings of more than 200 square feet, upon completion of the work in a satisfactory manner, the restoration/reconstruction bond or cash deposit shall be released in return for a maintenance bond or cash guarantee that the road, street, or highway over the same will remain in good condition for two years after the closing by the applicant. The minimum amount of each maintenance bond shall be 25% of the amount of the cash or surety bond, but shall not be less than $500.
4. 
In lieu of a performance bond per job, any utility regulated by the BPU or any contractor expecting to request multiple permits per year, may post a blanket performance guarantee in the minimum sum of $10,000 with the Borough on an annual basis. Ninety percent may be by surety pursuant to Subsection 20-2.1 and this section and 10% by cash or certified check. In the event the Borough Engineer determines that the cost of proper restoration of the area disturbed and pavement surface will exceed the amount of the blanket performance guarantee, an additional performance guarantee for that particular job, in an amount to be determined by the Borough Engineer, shall be posted by the permittee prior to the issuance of any permit(s).
[Ord. No. O-06-2016]
If an applicant fails to restore any street, highway or road to its original condition as required by this section, the Borough shall provide applicant with notice and reasonable opportunity to cure. In the event an applicant refuses to cure, the Borough may perform the restoration work on its own and proceed against the applicant, person, corporation or entities or others to recover any damages or costs of monies, including attorneys fees, the Borough may have lost or sustained or incurred and further, at its option, the Borough may file suit or take action to pursue its remedies according to law or equity and take action on the bond and guaranties that may be filed with the Borough Clerk as herein provided.
[Ord. No. O-06-2016]
Any person excavating, opening, or in any manner using any of the streets of the Borough for any purpose whatsoever under a permit herein shall place upon same and any earth, dirt, building material, appliances or equipment in the area immediately proximate as well as upon the excavation or opening suitable and sufficient signs, lights and warnings that shall be kept and maintained during the time of such excavation or occupation or use of the streets as covered by this section and as set forth aforesaid in accordance with the MUTCD (Manual on Uniform Traffic Control Devices), latest edition. Same shall be the sole responsibility of the applicant and its successors or assigns and failure to comply may result in forfeiture of the guaranty posted in the discretion of the Borough Committee and further the Borough or public entities or law enforcement authority seeking damages, fines or penalties with respect to same under this or other regulations or laws.
[Ord. No. O-06-2016; amended 6-23-2020 by Ord. No. O-06-20]
Unless authorized by the Department of Public Works, all excavations shall require milling and restoration of the excavation work area extending from curb to curb, or edge of pavement to edge of pavement, to encompass the entire road width.
a. 
Once the excavation work area has been properly saw cut and the backfill tamped and compacted, the permittee shall install no less than six inches of hot mix asphalt (HMA) material base course to the trench surface. If the distance from the edge of the excavation work area to the existing curb is less than two feet, the permittee shall be required to excavate to the curb and evenly install six inches of hot mix asphalt (HMA) material base course in the entire area.
b. 
The partially restored pavement shall be allowed to settle for no less than 90 days and no more than 180 days. If at any time during the settlement period the trench becomes unacceptable as determined by the Director of Public Works or Traffic Safety Officer, the permittee shall be notified of the condition requiring repair, and such repair shall be performed by the permittee within 24 hours of such notification by the Director of Public Works or Traffic Safety Officer. If the repair is not made in the time specified, the Borough may make the repair, and any cost thereof will be charged against the permittee's cash repair deposit and/or maintenance bond. At the end of the period of time of settlement required by the Department of Public Works, an inspection shall be performed by the Department.
c. 
At the time set forth in Subsection b above, the permittee shall be required to mill the excavation work area surface as specified and install no less than two inches of hot mix asphalt (HMA) material surface course. The permittee shall also be required to provide a tack coat on all existing bituminous and concrete surfaces and a hot-poured, rubber asphalt joint sealer (per Section 914 of NJDOT Standard Specifications for Roads and Bridges 2017). As an alternative to the provisions in this subsection, but only if the Director of Public Works deems it acceptable, the permittee may utilize infrared treatment as the final restoration of the pavement.
d. 
Unless otherwise authorized by the Department of Public Works, all excavations shall require milling and restoration of the excavation work area extending from the curb to WRB (or edge of pavement) of the road. If the excavation work area will be within 200 feet or more of a previous excavation made within one year (by the same permittee along the same side of the road), the permittee shall be required to mill and restore curb to curb.
e. 
The pavement restoration shall extend 10 feet past the limits of the trench excavation in each direction.
f. 
If the excavation extends beyond a curbline of any intersecting street, the restoration shall extend through the entire intersection to the opposite curbline.
g. 
The permittee shall be required to satisfactorily replace any facilities, including, but not limited to, curb, pavement, sidewalk, line striping, etc., that are affected by the excavation and restoration work, at the permittee's expense. Such work shall be performed according to Borough standards.
h. 
Traffic striping shall be replaced in kind.
a. 
When the final pavement restoration is approved, as required in § 20-2.7.1 above, the Department of Public Works shall notify the Borough Clerk, in writing, that he/she may release the cash repair deposit or performance guarantee posted by the permittee at the onset of the project, subject to the retainage requested hereinbelow. Such release shall be subject to the permittee agreeing to maintain the restored excavation work area for a period of two years from the date of final approval of the work and posting a maintenance bond to guarantee the same. The permittee shall also agree to satisfactorily repair any adjacent structures, including, but not limited to, curb, pavement and sidewalk, that are damaged as a result of any excavation work area settlement during this period of time. In furtherance of these agreements, the Borough Clerk shall retain as a cash retainage 50% of the cash repair deposit and/or performance guaranty during the two-year maintenance period.
b. 
If an inspection reveals that the restored excavation work area beocmes unaceptable, the Department of Public Works shall notify the permittee that he must repair the area in accordance with the aforementioned procedure within 30 days from the date of notification or sooner if safety on public conveyances in involved. If the permitteee fails to repair the trench within this time, the Department of Public Works shall notify the Borough Clerk, and he/she shall allow the Borough to utilize the permittee's cash retainage and maintenance bond to pay for the cost of repairing the excavation work area. If the restoration costs exceeds the maintenance bond, the permittee shall be liable for said additional costs.
c. 
Upon termination of the two-year maintenance period, any remaining portion of said maintenance bond that has not been expended shall be returned to the permittee without interest.
d. 
The permittee may be required to place a temporary surface over opening made in paved traffic lanes. Except when the permanent replacement pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the existing pavement shall be tamped into place, properly graded and topped with a minimum of two inches of bituminous patch material which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restorations in safe travelling condition until such time as permanent restorations are made. If, in the judgment of the Director of Public Works, it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions or any other reason, he may direct the permittee to lay a temporary pavement of steel plate or other suitable material designated by him over such cut or excavation, to remain until such time as the repair of the original pavement may be properly made.
e. 
Acceptance or approval of any excavation work by the Department of Public Works shall not prevent the Borough from asserting a claim against the permittee and his or its surety under the surety bond required hereunder fro incomplete or defective work if discovered within 24 months from the completion of the excavation work. The presence of a representative of the Department of Public Works or the Borough Engineer during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.
f. 
The applicant and its agent shall completely backfill the excavation and replace as great a portion as possible of the material excavated, compacting it by flushing, tamping or other suitable means, and supply additional material where there is a deficiency. Whenever the Borough Engineer shall deem the material unsatisfactory for backfill, the applicant shall backfill the trench with sand, or other acceptable material compressed as required, and shall remove all excess material from the premises. If tamping alone is employed, the material shall be placed in layers not exceeding six inches in thickness, moistened as directed, and each layer adequately tamped until thoroughly compacted.
g. 
As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the applicant and shall be completed to the satisfaction of the Superintendent of Public Works at the end of each working day. From time to time, as may be ordered by the Superintendent of Public Works, and in any event immediately after completion of the work, the applicant shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work, and upon failure to do so within 24 hours after having been notified to do so by the Superintendent of Public Works, the work may be done by the Superintendent of Public Works and the cost thereof charged to the applicant. The applicant shall also be liable for the cost thereof under the surety provided hereunder.
h. 
In the case of an opening or trench in the earth shoulder, the applicant shall restore the top four inches of the trench or opening with material capable of supporting the growth of grass and shall fertilize and seed the surface with grass seed in accordance with NJDOT and SESC specifications using a seed mixture approved by the Borough Engineer.
i. 
Whenever an opening is made in a pavement that has a concrete base, 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 and the edge of the old concrete shall be beveled so as to make the concrete four inches wider at the top than at the bottom. The new concrete pavement or foundation shall be made three inches thicker than the original concrete and shall be reinforced with three-eighths-inch round reinforcing steel rods spaced six inches on center or equivalent thereof.
j. 
All pavement openings for which any permit is granted shall be backfilled and plated at the end of each working day and replaced by the applicant by a temporary pavement of a hot mix asphalt, mix HMA 12.5M64 at a minimum at the end of each work week. Temporary pavement thickness shall be a minimum of three inches. Permanent pavement is to be restored by the applicant no less than 30 days nor more than 90 days after completion of the project, unless this time is extended by the Borough Engineer, depending on road and weather conditions.
k. 
The applicant shall be responsible to replace any traffic markings in accordance with current NJDOT specifications and in accordance with the current MUTCD. Temporary pavement markings shall be required as part of temporary pavement installation in accordance with current NJDOT specifications.
l. 
No person shall open a roadway for a greater distance than 500 feet per work zone at one time without written approval from the Borough.
m. 
Traverse openings involving the full width of the highway shall be for no longer than one day and such openings shall be in a manner that results in only 1/2 of the roadway being excavated at any one time and with adequate provision for the use of the street by the traveling public and appropriate warnings and signing in accordance with the MUTCD, latest edition, unless a detour plan has been approved.
n. 
In the event of a snow or ice storm, the applicant will be required to take whatever steps the Superintendent of Public Works deem necessary to secure the traveled way for snow removal operations. When the contractor is advised that snow removal operations will commence on a day or time certain, all work on the shoulders and traveled way shall stop and they shall be cleared of all dirt, etc., and then backfilled so as not to interfere with Borough snow operations until the weather permits resumption of work.
o. 
Once work is complete except for final paving, the applicant shall maintain the trench/opening and re-grade the sub-grade as required until final paving is installed. In case all the work has not been completed Subsections 20-2.5 and 20-2.7 shall apply.
p. 
The applicant shall maintain safe crossings for two lanes of traffic at all intersections where possible, and safe crossings for pedestrians and bicyclists at intervals not more than 300 feet.
q. 
No work may commence before mark-out by the appropriate agencies. Right-of-way or property monuments and/or markers, traffic control devices and other public entity-maintained devices in the right-of-way shall not be removed or disturbed unless permission to do so is first obtained in writing by the Borough Engineer and property owner as applicable.
r. 
No person shall divert or pump service or other waters onto or across the Borough roads or do any act upon property abutting Borough that will cause damage or create an unsafe condition.
s. 
The applicant shall not interfere with any existing utility without the consent of the utility owner and shall provide proof of such consent prior to construction in the area of the existing utility. The applicant shall not be authorized to use Borough rights-of-way or Borough-owned lands for storage without the written consent of the Borough. Additional bonding may be required to protect areas authorized for staging and storage of materials.
[Ord. No. O-06-2016]
a. 
The excavation and all piles of excavated materials or any material used in the work to be performed in the opening for which a permit is issued shall be carefully guarded and lighted by the applicant, who shall be liable for damages caused in the prosecution of the work or failure to properly guard or maintain the same.
b. 
Traffic directors and/or Police Officers shall be provided by the applicant or traffic control is required by the Chief of Police or his designee. The applicant shall pay all costs associated with the use of Monmouth Beach Police personnel, if they are required, or the required traffic directors.
c. 
The Borough Council hereby finds and declares that problems of traffic control occur when traffic must be moved through or around road or street construction, maintenance operations and utility work above or below ground which requires blocking the roadway and obstructions are or can become dangerous when not properly controlled. In order to better promote the public health, safety, peace and welfare, it is necessary to establish controls and regulations directed to the safe and expeditious movement of traffic through construction and maintenance zones and to provide safety for the work forces performing these operations.
d. 
The Borough of Monmouth Beach in the County of Monmouth, State of New Jersey, does hereby adopt the current manual on Uniform Traffic Control Devices, latest Edition, hereafter known as "MUTCD," except as hereby supplemented and amended, as it controls and regulates whenever construction, maintenance operations or utility work obstructs the normal flow of traffic. Any person, contractor or utility who fails to comply with the provisions of MUTCD while performing such work is in violation of this section.
e. 
Preconstruction meetings. It shall be the responsibility of the person, contractor or in the case of a public utility as required under the Public Utility Agreement, Section 16:25-9.2, wishing to conduct work on, under or above the roadway to contact the Chief of Police and/or his Traffic Bureau designee, hereafter referred to as the "Monmouth Beach Police Department," in order to arrange a preconstruction meeting and to submit a copy of the construction/permit plans, as well as plans for the safe movement of traffic, during such period of construction of work. Any person, contractor or utility who fails to comply with this section prior to the start of such work or whose traffic control plan(s) are not approved by the Monmouth Beach Police Department is in violation of this section.
f. 
Emergency contact phone numbers. The person, contractor or utility shall provide the Monmouth Beach Police Department with at least two emergency contact phone numbers to be called in case of emergency problems at the construction or maintenance site prior to the start of any work. If for any reason emergency contacts cannot be reached or if the emergency contact person does not respond to a call from the Police Department to correct a hazardous condition, the Borough may respond to correct such hazardous condition. The reasonable fees for such emergency services by the Borough shall be charged to the person, contractor or utility responsible for such condition.
g. 
Safety specifications.
1. 
All work shall be done in such a manner as to cause a minimum of interference with traffic. There shall be no construction, maintenance operations or utility work on any roadway in the Borough before the hours of 7:00 a.m. or after 9:00 p.m. This time limit may be adjusted to permit work prior to 7:00 a.m. or after 9:00 p.m. by the Monmouth Beach Police Department.
2. 
All excavations shall be kept properly barricaded at all times and during the hours of darkness shall be provided with proper warning lights and/or barrels and/or devices required by the Monmouth Beach Police Department. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property.
h. 
Road closings and/or traffic detours shall not be permitted unless approved by the Monmouth Beach Police Department. A 24-hour minimum advance notice is required.
i. 
Uniformed traffic control officers, or traffic directors, approved by Monmouth Beach Police Department, shall be posted at all construction or maintenance sites when determined by the Police Department that the same is necessary to provide for the safe and expeditious movement of traffic.
j. 
The Monmouth Beach Police Department shall have the authority to order work stopped, including the removal of equipment and vehicles, stored material within the street right-of-way, backfilling of open excavations and/or related work, in order to abate any nuisance and/or safety hazard or for any violation of this section.
k. 
Traffic control devices and materials.
1. 
The contractor shall present to the Monmouth Beach Police Department Traffic Safety Officer all traffic control devices and materials necessary to execute proper maintenance and protection of traffic operations for the project. The number and type of traffic control devices deemed necessary shall also be reviewed by the Police Department Traffic Safety Officer. The contractor shall have all traffic control devices and materials present for examination at least five working days prior to the start of work.
2. 
All traffic control devices supplied for municipal capital projects are to be in good condition, acceptable to the Monmouth Beach Police Department. Traffic devices damaged under the work contract as a result of carelessness or mishandling by the contractor, i.e. running over cones or barrels with their equipment or splashing tar on traffic control devices, etc., shall be replaced by the contractor within two working days.
3. 
The Monmouth Beach Police Department reserves the right to reject any traffic control device which in its sole opinion does not satisfy the criteria of MUTCD specifications, is damaged or otherwise incapable of providing the function for which it was intended. The contractor shall replace the deficient traffic control devices and all materials within two working days of notification by the Police Department Traffic Safety Officer. Upon completion of a municipal contract project, all traffic control devices and materials become the property of the Borough of Monmouth Beach.
[Ord. No. O-06-2016]
a. 
The applicant, in accepting a permit under this section, shall be deemed to have agreed to be liable for, and to indemnify and save harmless the Borough from and against, any and all loss or costs or damages incurred by reason of any damage to any property, injury to any person or any loss of life resulting from its negligence or the negligence of its agents, employees, or subcontractors in undertaking or performing the work covered by the permit, or in failing to properly guard or maintain the opening or excavated material, equipment, or materials to be incorporated in the work.
b. 
No permit will be approved for openings scheduled during the period from Memorial Day through Labor Day, except in cases of emergency. The Borough Engineer may issue a permit during the above time period upon an affirmative showing by the applicant that the scope of work and weather will allow the work to be completed in a manner consistent with the intent of these regulations, or when deemed necessary by the Borough Committee.
c. 
Construction equipment shall not be positioned or stored on any street or right- of-way after working hours unless approved by the Superintendent of Public Works and Borough Engineer.
d. 
Applicant shall provide a traffic control plan that complies with the current edition of the MUTCD.
e. 
Applicant shall notify the Monmouth Beach Borough Office of Emergency Management and Borough Clerk 48-hours prior to any work and shall provide updates to the work schedule as applicable.
f. 
Construction shall only be permitted between the hours 7:00 a.m. and 9:00 p.m. Monday through Friday inclusive, or as may be extended or expanded by the Monmouth Beach Borough Governing Body.
[Ord. No. O-06-2016]
a. 
No permit shall be issued by the Borough Clerk to any person which would allow an excavation or opening in a street surface which was paved or improved less than five years prior to the date of the application with exception to the following:
1. 
The applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted.
2. 
An emergency condition exists.
3. 
Major projects, as defined by this section shall be permitted subject to the entire roadway being resurfaced within the project limits in accordance with this section.
Applicant may make a request for a waiver of the permit moratorium of this section in writing to the Mayor and Committee which waiver may be granted by the Mayor and Committee in their sole discretion.
b. 
No permit shall issue for projects which do not directly service and/or benefit the residence, businesses or properties immediately adjacent to the proposed improvement if such proposed improvement is proposed on the following roadway types, as defined by the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21):
1. 
Residential Access.
2. 
Residential Neighborhood.
3. 
Rural Street.
4. 
Rural Lane.
5. 
Cul-de-Sac.
6. 
Alley.
7. 
Multifamily Access Cul-de-sac.
8. 
Multifamily Court.
[Ord. No. O-06-2016]
In case of the sudden break or bursting or damage of any gas or water main or pipes or underground utilities or any public utility damage whatsoever where immediate repair is necessary in order to protect the public health, safety and welfare and to prevent the discontinuance of essential public services, it shall not be necessary to obtain a permit pursuant to the procedures herein set forth before beginning such repair, provided, however, the permit shall be applied for and obtained within three days after the occurrence of such emergency and this section shall not be construed to exempt any person, corporation or entity repairing the pipes, conduits or utilities or any public utilities whatsoever from any provision of this section requiring a permit for excavation and road openings or from any other provisions of this section and compliance with all filings as required with the Borough Clerk and Engineer.
[Ord. No. O-06-2016]
Nothing contained in this article shall be construed as requiring the issuance of a permit for the performance of any opening or excavation by the Borough or its employees.
[Ord. No. O-06-2016]
Any person violating any of the provisions of this section, in addition to any other remedy at law or equity, shall be liable, upon conviction, to the maximum penalty permitted by law. The penalties set forth herein are subject to being imposed upon any persons, corporation, entities, and/or others violating any provisions of this section and the Court shall have the ability to impose each penalty set forth or impose one of them or any combination of them or all of them, all in the discretion of the Court.
[Ord. No. O-06-2016]
The Borough may, at any time, revoke or annul any permit, or extension endorsed thereon for cause, or for performing work not in accordance with the permit granted, or for failure or neglect to pursue the work in accordance with such permit, or for any conditions which might prove to be dangerous or injurious to any person or interests of the Borough as an additional but not exclusive remedy. Every person or entity receiving a permit, or any extension thereof, shall accept the same subject to the foregoing provisions and conditions, without any liability or responsibility attaching to the Borough for any loss or damage that might result by reason of such revocation.
[Ord. No. O-06-2016]
The applicant shall indemnify and save harmless the Borough, its officers, professionals, agents and employees from any loss, injury or damage resulting from any negligence or fault of the applicant, its agents, servants or employees or contractors in connection with the performance of any of the work covered by the permit. The terms and provisions of this article shall be deemed a covenant by such applicant to so indemnify and save harmless the Borough of Monmouth Beach.
[Ord. No. 6-27-78 § 1]
Before commencing the work of constructing or reconstructing curbs, paving gutters or laying sidewalks, the lines or grades for the same shall first be obtained from the Borough Engineer.