[Editor's Note: The power to regulate excavation and construction in the public streets is contained in N.J.S.A. 40:67-1. The incidental power to perform work where a landowner has refused to do so and to recover the costs thereof is contained in N.J.S.A. 40:67-9.]
[1967 Code § 19-1.1; Ord. No. 07-03]
As used in this chapter:
- The installation of a pipeline, conduit or line to bring utilities of any kind to a property on a public street.
- Trenching, removing, digging in, disturbing, cutting, opening or taking up any surface, pavement or soil of any right-of-way as defined herein.
- IMPROVED ROAD
- Any road, surfaced with a pavement such as asphalt, concrete, bituminous concrete, brick or similar pavement, and any road having a concrete base.
- Any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Borough of Bound Brook as a public street, as well as any State or County road or highway over which the Borough has acquired jurisdiction by agreement.
[1967 Code § 19-1.1]
No person, company or utility shall make an excavation in or tunnel under any street, sidewalk or driveway apron within the Borough right-of-way without first obtaining a permit from the Construction Official.
A tunnel or excavation may be conducted without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for a permit is made simultaneously with the commencement of work or as soon thereafter as is practical. The permit, when issued, shall be retroactive to the date on which the work was begun. This paragraph shall be strictly construed, and in any prosecution for a violation thereof, it shall be presumed, in the absence of evidence to the contrary that no emergency existed.
[1967 Code § 19-1.3]
An application for permit shall be made to the Construction Official and shall contain the following information:
A sketch showing the area to be opened.
Name of the street where the opening is to be made and the street number, if any, of the abutting property.
The Borough of Bound Brook tax map block and lot number of the property for the benefit of which the opening is to be made.
Nature of the surface in which the opening is to be made.
Character and purpose of the work proposed.
Time when the work is to be commenced and completed.
Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimensions of all openings.
[1967 Code § 19-1.4]
Permits shall be issued under the authority of the Construction Official and in accordance with the provisions of this section and the regulations which the Construction Official may establish. The Construction Official shall determine the initial time limit during which the permit shall be valid.
[1967 Code § 19-1.5]
Each permit shall state the identity and address of the applicant, the name of the street and the location where the excavation or tunnel is to be made, the 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 Public Official.
[Ord. No. 07-03; Ord. No. 2010-06 § 6]
Fees must be paid when the application is made. The applicant shall be charged a processing fee of $150 for each permit. In addition, the applicant shall be required to post a deposit as follows:
Street. No person shall be granted a permit to open any street until and unless there is deposited with the Construction Official cash or a certified check in an amount equal to 20% in excess of the value of the work to cover the expenses of repairing or replacing the street, or other surfaces or appurtenances within the street area, as may be determined by the Division of Public Works. The amount on deposit shall be reduced to 50% after a satisfactory six-month inspection. The remaining deposit will be refunded at the time of a satisfactory final inspection 12 months after completion of the job. In the event that satisfactory compliance is not met, the amount of the remaining deposit will be forfeited.
Sidewalk or driveway apron. No person shall be granted a permit to open any sidewalk or driveway apron within the Borough right-of-way until and unless there is deposited with the Construction Official cash or a certified check in the amount of $700 to cover the expenses of repairing or replacing the sidewalk or driveway apron, or other surfaces or appurtances within the sidewalk or driveway apron, as may be determined by the Division of Public Works. The amount on deposit shall be reduced to $250 after a satisfactory six month inspection. The remaining deposit will be refunded at the time of a satisfactory final inspection 12 months after completion of the job. In the event that satisfactory compliance is not met, the amount of the remaining deposit will be forfeited.
Where the excavation is to be made in a heavily traveled street, or where for any other reason it is necessary for the Borough to station a Police Officer near the excavation to direct traffic, the applicant shall also be charged an amount sufficient to compensate the Borough for the expense of stationing the Police Officer at the excavation prior to the issuance of the permit.
[1967 Code § 19-1.7; Ord. No. 07-03; Ord. No. 2010-06 § 6]
Any private public utility, subject to regulation by the Board of Public Utility Commissioners of the State of New Jersey, which desires to obtain permits under the provisions of this chapter may, in lieu of the provisions hereof requiring deposits, make a bond which may be the bond of the public utility solely in the penal sum of an amount equal to 20% of the value of work, to cover the expenses of repairing or replacing the street, or other surfaces or appurtenances within the street area, as may be determined by the Division of Public Works running in favor of the Borough, and file it with the Borough Clerk. The bond shall be conditioned upon compliance with the applicable provisions of this chapter in respect to each street opening.
In lieu of the filing of the certificate of insurance for bodily injury and property damage, the public utility may file with the Borough Clerk, at the same time the bond is filed, a letter certifying that it is a self-insurer and exempt from the necessity of obtaining an insurance policy pursuant to the provisions of the statutes of the State of New Jersey.
[1967 Code § 19-1.8; Ord. No. 07-03; Ord. No. 2010-06 § 6]
All permits issued under this section shall be subject to the following rules and regulations:
All newly constructed roads have a five-year moratorium restricting any work from being performed.
All excavations shall be kept properly barricaded at all times. Any excavation not completed at the end of the day must be plated, pinned and ramped. This regulation shall not excuse the permittee from taking any other reasonably necessary precautions for the protection of persons or property.
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 Mayor and Council by resolution. The Police Department shall be informed of all street closings at least 24 hours in advance.
The Construction Official may, upon application by the permittee, extend the time limit during which the permit is valid.
No work shall be done in such a manner as to interfere with any water main or storm/sanitary sewer line or any connection with either of the same from any building unless that is the purpose of the excavation or permission has been obtained in advance from the Public Official. No work shall be carried on in such a manner as to result in the destruction or damaging of any property of the Borough unless this is necessary for completion of the work and permission has been obtained in advance from the Borough department or agency having jurisdiction over such property.
All excavations shall be completely back filled by the permittee. The existing material excavated from the opening may be utilized if deemed to be suitable by the Division of Public Works. Any material remaining on site after the opening has been properly backfilled, shall be disposed of off site by the permittee. All backfill material shall be compacted by tamping or other suitable means in a manner prescribed by the Construction Official. Where the Construction Official determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with dense graded aggregate base course (D.G.A.B.C.) or recycled concrete which shall be placed in layers not exceeding six inches in depth and thoroughly compacted in the manner prescribed by the Construction Official. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clear condition. If the Construction Official determines that any backfilled excavation has settled or caved in he shall so notify the permittee, who shall promptly continue backfilling until the Construction Official determines that settlement is complete. The Division of Public Works must be notified at least two hours prior to the start of backfill.
If tunneling operations are required the tunnel shall be back filled with rammed flowable fill of one part cement to six parts sand.
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. Any rock or other substance within five feet of any water main, sewer line or other facility which may be damaged by blasting shall be removed without blasting.
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 subsection and any other regulations that may be established by the Construction Official, then the Borough may complete the work 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 recovered by an action in any court of competent jurisdiction.
Each permittee shall, as a condition of accepting any permit issued, save hold and keep harmless and indemnify the Borough, its officers, agents, servants and employees from and against any loss, damage, claim, demand or expenses arising out of a suit or claim for damage or injury alleged to have been sustained as a result of any work done under the permit.
Signs with the contractor's name and twenty-four-hour emergency telephone number must be posted at the site.
No trench spoil is to be left at the job site.
[1967 Code § 19-1.9; Ord. No. 07-03; Ord. No. 2010-06 § 6; Ord. No. 2016-25 § 1]
In all cases where permits are issued hereunder wherein the permittee is to restore the surface of the street, the following rules, regulations and requirements shall apply:
Right-of-Way openings outside of the pavement area shall be backfilled to within eight inches of the existing shoulder surface. The remainder of the trench shall be filled with road stone and tampered or rolled with the equivalent capacity of a five - to ten-ton roller and topped with material to restore the area to a pre-existing condition such as topsoil and seed, sidewalk, etc.
Pavement openings less than 20 linear feet shall be backfilled to within eight inches of the existing surface elevation then filled with eight inches of bituminous stabilized base material. When, in the opinion of the Division of Public Works (DPW), settlement in the pavement opening(s) has ceased, two inches of bituminous concrete base course shall be removed and the existing pavement opening shall be widened via saw-cut to one foot each side of the opening. After surfaces of the existing pavement are tack coated, the entire area shall then be filled with bituminous concrete surface course and properly rolled to present an even riding surface.
Pavement openings in excess of 20 feet linear feet shall be backfilled to within eight inches of the existing surface elevation then filled with eight inches of bituminous stabilized base material. When, in the opinion of the DPW, settlement in the pavement opening(s) has ceased, the entire width of the two inch surface course shall be removed curb to curb. After surfaces of the existing pavement are tack coated, the roadway width shall then be filled with two inches of bituminous concrete top course or as directed by the Borough Engineer, and rolled to present an even riding surface.
Driveway openings shall be replaced in kind and the appropriate specifications for shoulder openings or road openings shall govern the replacement of same.
Adequate provision shall be made in every case to maintain and restore existing draining and drainage facilities.
All joints of trenches in pavement openings shall be repaired by infrared technology for any pavement that has been constructed within a period of five years or less or as directed by the Borough Engineer.
Applicants shall pay all required application and inspection fees, which fees shall be calculated to cover the entire area that requires milling and resurfacing.
[1967 Code § 19-1.10; Ord. No. 07-03]
No person, company or entity shall perform any excavation or construction upon, in or below any public street, highway, roadway or avenue of public travel which is designated as a Borough roadway, a County roadway, State roadway or snow emergency route unless or until specific arrangements are made with the Chief of Police for the furnishing of traffic control services.
The Chief of Police may, in his discretion, exempt any individual, company or entity from this requirement upon proper consideration of the nature and extent of the work and the location, time and volume of traffic in the area and the ability of the contractor to provide traffic control services utilizing its own employees.
The costs of utilizing such Traffic Control Officers shall be charged by the Borough to the individual, corporation or entity utilizing the services of the Officers.
[1967 Code § 19-1.11]
Transferability. Each permit shall apply only to the person to whom it is issued and shall not be transferable.
Commencement of work. Work under a permit shall commence within 45 days from the date of issuance of the permit. If work is not commenced within that time the permit shall automatically terminate.
Possession of permit. A copy of the permit together with a copy of the plan endorsed with the approval of the Construction Official 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 Construction Official or to any Police Officer of the Borough.
Revocation of permit. The Construction Official may revoke a permit for any of the following reasons:
Violation of any provision of this chapter or any other applicable law or ordinance.
Violation of any condition of the permit issued.
Carrying on work under the permit in a manner which endangers life or property or which creates any condition which is unhealthy, unsanitary or declared by any provision of this revision to constitute a nuisance.
The procedure for revoking a permit shall be the same as that set forth in Chapter 4, General Licensing, § 4-1 for the revocation of licenses except that the initial hearing shall be before the Construction Official, with a right of appeal to the Mayor and Council; and the Construction Official may provide in his decision that the revocation shall not become effective if the permittee corrects the violation within a reasonable time as specified in the decision of the Construction Official and thereafter carries on the work in compliance with the provisions of this chapter, the terms and conditions of the permit issued and other applicable laws and ordinances.
Modification of permit conditions. In a special case the Mayor and Council may by resolution impose special conditions to which the issuance of the permit may be subject, or may decide that any provision of this section shall not apply or shall be altered.
[1967 Code § 19-1.12]
The Construction Official may make any rules and regulations which he considers necessary for the administration and enforcement of this section, but no regulation shall be inconsistent with, alter or amend any provision of this section, or impose any requirement which is in addition to or greater than those expressly or by implication imposed by this section. No regulations shall be effective unless they shall be approved by resolution of the Mayor and Council. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
[1967 Code § 19-1.13]
This section shall not apply to the following;
Public utility companies having separate contracts with the Borough of Bound Brook or operating under special ordinances or statutes.
Any person laying any pavement or sewer or doing any other work in accordance with a contract entered into between that person and the Borough of Bound Brook, unless the work being performed is not included in the contract.
[1967 Code § 19-1.14; Ord. No. 2010-06 § 6]
A Report of Roadway and Sidewalk Opening must be submitted to the Division of Public Works after the completion of the job.
[1967 Code § 19-2.1]
Before any street is improved or paved, the Borough Clerk 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 30 days from the receipt of notice. The time for the completion of the work may be extended in writing by the Construction Official upon application by the person performing the work. This subsection shall not excuse any person from the requirement of obtaining a permit as provided in § 26-1.
[1967 Code § 19-2.2; Ord. No. 2016-25 § 2]
No person to whom notice was given as provided in Subsection 26-2.1 shall be issued a permit to excavate the street to which the notice related unless issuance is approved by the Borough Council, upon recommendation of the Division of Public Works (DPW) based on a finding by the DPW that:
Paragraph a. shall not apply to any case where the proposed work constitutes an emergency, as determined by the DPW, requiring immediate performance of the work, in which event, the Borough Administrator is authorized to issue a permit upon recommendation of the DPW.
All permits issued for proposed work, whether under paragraph a. or paragraph b. hereof, shall require complete restoration in accordance with the requirements of Subsection 26-1.9, as deemed relevant by the Borough Engineer, and with the following:
Permittee shall mill and resurface the entire street or portion thereof that is opened and/or excavated from curb to curb and for a minimum distance extending no fewer than three feet beyond the longitudinal limits of excavation.
Construction or repair work performed on, in or around manholes and storm drains shall be subject to inspection and acceptance by the Borough Engineer.
All joints of trenches in pavement openings shall be repaired by infrared technology.
[1967 Code § 19-2.3]
When a permit is used by any person to whom notice was given under Subsection 26-2.1 to excavate the street to which the notice related within a period of five years after the street has been paved or improved, a surcharge shall be imposed which shall be in addition to any fee required by § 26-1, and shall be computed as follows. If the permit is issued within one year after the street has been paved or improved, the surcharge shall be in an amount equal to the amount of the fee which would be imposed under the provisions of § 26-1, if the Borough were to restore the surface of the street. Thereafter, the surcharge shall be reduced in an amount of 2% per month until the end of the five-year period.
[1967 Code § 19-3.1]
Each public utility company shall file weekly with the Construction Official a list in duplicate of all street openings made by the public utility company during the preceding week.
[1967 Code § 19-3.2]
Each public utility company shall place and maintain temporary pavement on all excavations undertaken by it until the permanent pavement is installed.
[1967 Code § 19-3.3]
Public utility companies shall restore the surface of all excavations in a manner directed by the Construction Official and to his satisfaction within six months from the date the street opening is made.
[1967 Code § 19-3.4]
In the event the Construction Official determines that any repairs are necessary to any excavation or temporary pavement, he shall direct the public utility company involved to make whatever repairs are necessary. The public utility company shall make the repairs within 24 hours after being directed to do so by the Construction Official.
[1967 Code § 19-3.5]
In the event any excavation made by a public utility company shall, during the period it is being maintained, become a hazard to persons or property, then the Borough may proceed to perform whatever work is necessary to eliminate the hazard and to make the street or pavement safe for travel. The cost of work so performed shall be charged by the Borough to the public utility company making or maintaining the excavation and may be recovered by an action in the name of the Borough in any court of competent jurisdiction.
[1967 Code § 19-3.6]
Each public utility company shall make regular inspections of any excavation made or maintained by it until the permanent surface is replaced on the excavation.
[1967 Code § 19-3.7]
In the event the permanent pavement is not replaced within six months, then the Borough through its Construction Official shall have the right to give 10 days' notice to the public utility company involved to replace the pavement. If the permanent pavement is not properly installed at the expiration of the ten-day period, then the Borough may proceed to replace and install the permanent pavement and to perform whatever other work may be necessary and to charge the cost of such work to the public utility company involved. The amount so charged may be recovered by an action commenced in the name of the Borough in any court of competent jurisdiction.
[1967 Code § 19-4.1]
It shall be the duty of the owner of any property abutting any public street in the Borough upon which a curb or sidewalk now exists or is hereafter constructed to maintain the curb, driveway entrances and sidewalk in front of his property in good condition and at proper grade by reconstructing, repairing or improving them in accordance with the provisions of this section and the plans, specifications and grades on file in the office of the Borough Engineer.
[1967 Code § 19-4.2]
Where the property owner fails to improve, maintain or repair the sidewalks, curbs and driveway entrances abutting his property as required by Subsection 26-4.1, the Mayor and Council may cause a notice to be served on the owner requiring him to undertake the necessary construction or repairs within 30 days from the date of the service of the notice.
[1967 Code § 19-4.3]
The notice shall contain a description of the property affected sufficient to identify it, a description of the repairs or improvements necessary to comply with this section, and a statement that unless the owner completes the repairs or improvements within 30 days after the service of the notice, the Borough will make the improvements at the expense of the owner.
[1967 Code § 19-4.4]
Notice under this section may be served personally or by leaving a copy of it at the owner's usual place of residence with a member of his family above the age of 14 years. In the case of infants, notice shall be served on their guardians. When real estate is held by joint tenants, tenants in common, or tenants by the entirety, service upon any one tenant shall be service upon all. If the owner of the real estate is not a resident of the Borough, notice may be served upon him personally or upon his agent in charge of the property, or upon the occupant of the property, or mailed to the nonresident owner at his last known post office address.
If the owner is unknown or, if for any reason, service cannot be made in the manner provided above, the notice shall be published at least once in a newspaper circulating in the Borough not less than 30 days before the improvements are made by the Borough. Notices to the owners of several different parcels of real estate may be inserted in the same publication.
[1967 Code § 19-4.5]
Where the property owner, after being served with notice, neglects to make the required repairs or improvements within 30 days, the Mayor and Council may cause the improvements to be made by or under the supervision of the appropriate Borough Officer or may award a contract for the making of it. The Borough Officer in charge of the improvement shall keep an accurate account of the costs. The Borough Council shall examine the report and, if properly made, confirm it and file it with the Officer charged with the collection of assessments who shall record it in the book in which other assessments of the Borough are recorded. Before confirming the report, the Council shall give notice to the owner of the property of the time and placed fixed for examination of the report. The notice shall be served in the manner provided in Subsection 26-4.4, but failure to give notice shall not invalidate any assessment. Where several properties are benefited by repairs or improvements made in accordance with this subsection, the cost shall be assessed against the properties benefited in proportion to their frontage upon the street or sidewalk.
[1967 Code § 19-4.6]
The space devoted to sidewalks shall be not less than 1/5 of the entire width of the street, but in no case shall sidewalks be less than four feet in width. On all streets, lines drawn parallel with the sidelines of the street and distant therefrom the exact width of the space devoted to sidewalks shall be designated as the curblines. The grade and width of all sidewalk spaces and the grade of the curbline shall be fixed by ordinance or otherwise legally established, but all sidewalks shall be so graded as to rise from the top of the curbline to the nearest sideline of the street at the uniform rate of 1/4 inch to each foot unless otherwise directed.
[1967 Code § 19-4.7]
Whenever a new sidewalk line is laid out on any street, it shall be located so that the nearer edge of the concrete shall be the following distances from the sidelines of the streets:
On streets having a width of 80 feet or more, a distance of six feet.
On streets having a width of 70 feet or more, but less than 80 feet, a distance of five feet.
On streets having a width of 60 feet or more, but less than 70 feet, a distance of three feet.
On streets having a width of 50 feet or more, but less than 60 feet, a distance of two feet.
On streets having a width of less than 50 feet, a distance of one foot.
[1967 Code § 19-4.8; Ord. No. 07-03]
All sidewalks shall be concrete for a width of at least four feet, curbed with either granite block curb, concrete plain curb or combination curb and gutter, as the Mayor and Council may by resolution direct, and shall be constructed of concrete when applicable and in accordance with the specifications contained in this section.
[1967 Code § 19-4.9]
The cement shall meet the requirements of the standard specifications for Portland cement of the American Society for Testing Materials.
[1967 Code § 19-4.10]
Before delivery to the job, the contractor shall, if required, submit to the Borough Engineer a 50 pound sample of each of the aggregates proposed to be used. These samples shall be tested and, if found to pass the requirements of the specifications, similar material shall be considered as acceptable for the work. In no case shall aggregate containing frost or lumps of frozen materials be used.
Fine aggregate. Fine aggregate shall consist of hard natural sand clean and free from any surface film or coating and graded from fine to coarse, coarse particles predominating. Fine aggregate when dry shall pass a screen having four meshes to the inch; not more than 25% shall pass a sieve having 50 meshes per inch; and not more than 5% shall pass a sieve having 100 meshes per inch. Fine aggregate shall not contain vegetable or other organic matter nor more than 5%, by volume, of clay or loam.
Coarse aggregate. Coarse aggregate shall consist of clean durable crushed trap rock, graded in size, free from vegetation or other organic matter, and shall contain no soft, flat or elongated particles. The coarse aggregate shall pass a screen having 1 1/4 of an inch circular openings; not more than 25% shall pass a screen having 3/4 of an inch circular openings; and not more than 10% shall pass a screen having 1/2 an inch circular openings.
[1967 Code § 19-4.11]
Water shall be clean and free from oil, acid, alkali, vegetable or other organic matter.
[1967 Code § 19-4.12]
The joint filler shall be either a suitable elastic waterproof compound that will not become soft and run in hot weather nor become hard and brittle and chip out in cold weather; or prepared strips of fiber matrix and bitumen approved by the Borough Engineer. The strips shall be 1/2 inch in thickness, their width shall be at least equal to the full thickness of the slab and their length shall be at least equal the width of the slab at the joint.
[1967 Code § 19-4.13]
Preparation. All soft and spongy areas shall be removed and all depressions filled with suitable material which shall be thoroughly compacted in layers not more than six inches in thickness. The subgrade shall be thoroughly tamped until it is brought to a firm, unyielding surface.
Depth. The subgrade shall not be less than four inches below the finished surface of the walk.
[1967 Code § 19-4.14]
Materials. Forms shall be constructed of materials free from warp and of sufficient strength to resist springing out of shape.
Setting. The forms shall be well-staked or otherwise held to the established lines and grades and their upper edges shall conform to the established grade of the walk.
Division plates. Suitable metal division plates shall be provided to completely separate adjacent slabs during construction unless the Construction Official permits otherwise.
Treatment. All wood forms shall be thoroughly wetted and metal forms oiled or coated with soft soap or whitewash before depositing any material on them. All mortar and dirt shall be removed from forms that have been previously used.
[1967 Code § 19-4.15]
Measuring. The method of measuring the materials for the concrete or mortar, including water, shall be one which will insure separate and uniform proportions of each of the materials at all times. A sack of Portland cement, 94 pounds net, shall be considered one cubic foot.
Mixing. All concrete shall be mixed by machine, except when the Borough Engineer shall permit otherwise because of special conditions, ready mix of an approved type shall be used. The ingredients of the concrete or mortar shall be mixed to the specified consistency, and the mixing shall continue for at least one minute after all materials are in the drum. The drum shall be completely emptied before receiving material for the succeeding batch.
Hand mixing. When it is necessary to mix by hand, the materials shall be mixed dry on a watertight platform until the mixture is of a uniform color, the required amount of water added, and the mixing continued until the mass is of proper consistency and monogeneous.
Retempering. Remixing mortar or concrete which has partially hardened with or without additional materials or water shall not be permitted.
[1967 Code § 19-4.16]
As soon as the finished work has hardened sufficiently to prevent damage, the surface shall be sprinkled with clean water, or covered with at least one inch of wet sand or earth, and kept wet for at least five days.
The freshly finished work shall be protected from hot sun and drying winds until it can be sprinkled and covered. The concrete surface must not be damaged or pitted by raindrops and the contractor shall provide sufficient tarpaulins to completely cover all sections that have been placed within the preceding 12 hours. The contractor shall erect and maintain suitable barriers to protect the work from traffic, and any section damaged prior to its official acceptance shall be repaired or replaced by the contractor at his own expense in a manner satisfactory to the Borough Engineer. Before the work is opened to traffic, the covering shall be removed and disposed of by the contractor. The work shall not be opened for traffic until the Borough Engineer so directs.
If at any time during the progress of the work the temperature is or in the opinion of the Construction Official will within 24 hours drop to 35° F., the water and aggregates shall be heated and precautions taken to protect the work from freezing for at least five days.
[1967 Code § 19-4.17]
All concrete shall be mixed in accordance with the current New Jersey Department of Transportation specifications dated 1961, as amended in the proportions of one sack of Portland cement to not more than two cubic feet of fine aggregate and not more than three cubic feet of coarse aggregate. In no case shall the volume of the fine aggregate be less than 1/2 the volume of the coarse aggregate. A cubic yard of concrete in place shall contain not less than 6.8 cubic feet of cement.
[1967 Code § 19-4.18]
The materials shall be mixed with sufficient water to produce a concrete which will hold its shape when struck off with a strikeboard. The consistency shall not be such as to cause a separation of the coarse aggregate from the mortar in handling.
[1967 Code § 19-4.19]
All sidewalks shall be composed of a single layer of concrete of uniform composition.
[1967 Code § 19-4.20]
After mixing the concrete shall be handled rapidly and successive batches deposited in a continuous operation completing individual sections to the required depth and width. Under no circumstances shall concrete that has partly hardened be used. The forms shall be filled and the concrete brought by means of a strikeboard to a surface 1/4 inch above the established grade. The method of placing the various sections shall be one that will produce a straight clean-cut joint between them so as to make each section an independent unit. Any concrete in excess of that needed to complete a section at the stopping of work shall not be used. Workmen shall not be permitted to walk on the freshly laid concrete. In no case shall concrete be deposited upon a frozen subgrade.
[1967 Code § 19-4.21]
The slabs of independently divided blocks when not reinforced shall have an area of not more than 24 square feet. Larger slabs and slabs not completely supported, such as vault covers and the like, shall be reinforced with steel in the manner approved by the Construction Official. Slabs not completely supported shall be reinforced so as to be capable of supporting a live load of not less than 400 pounds per square foot.
[1967 Code § 19-4.22]
The thickness of the walk shall be not less than four inches.
[1967 Code § 19-4.23]
A 1/2 inch joint shall be provided at least once every 50 feet in the length of the walk, which shall be filled with suitable material as specified in Subsection 26-4.12. A similar joint shall be provided at each intersection of sidewalk and street curb and at any other points where it may be required by the Construction Official. Sidewalks shall be separated from abutting buildings by a 1/2 inch joint.
[1967 Code § 19-4.24]
The upper edges of the slabs at the joints shall be rounded to a radius of 1/2 inch. The edges of all slabs abutting on any street and acting as curbing must be protected by galvanized steel corner bars of a pattern approved by the Construction Official.
[1967 Code § 19-4.25]
For smooth subface sidewalks. The surface of the concrete shall be troweled with a steel trowel to a smooth even surface, free from depressions or irregularities of any kind. Excessive working of the surface with the trowel shall be avoided.
For medium rough surface sidewalks. The surface shall be floated with a wooden float only, producing an even, gritty finish. On wide sidewalks the finishing may be done with two applications of a canvas belt not less than six inches wide and about two feet longer than the width of the sidewalk. For the first application the belt shall be drawn across the surface with vigorous strokes at least 12 inches long and moved ahead very slightly at each stroke. The second application shall be given immediately after the water glare or sheen disappears, and the stroke of the belt shall be not more than four inches, while the longitudinal motion shall be greater than during the first application. The Borough Engineer shall determine whether the walk shall be finished with a smooth surface or with a medium rough surface.
[1967 Code § 19-4.26]
The curbs shall be built in forms placed on both sides of them for the entire depth of the curb. The tops of the forms shall be set level with the established grade line.
[1967 Code § 19-4.27; Ord. No. 07-03]
Curb corners at intersecting streets shall have a radius of at least 15 feet.
[1967 Code § 19-4.28; Ord. No. 07-03]
All curbs shall be six inches thick at the top, nine inches thick at the base and 20 inches deep, except for combination curbs and gutters, as hereinafter provided. They shall be divided into sections not exceeding 10 feet in length by some method which will insure the complete separation of the sections by joints not less than 1/4 inch wide.
[1967 Code § 19-4.29]
Expansion joints shall be inserted in the curb adjoining all radius corners and at intervals of approximately 50 feet between corners.
[1967 Code § 19-4.30]
After the curb forms have been completely filled, the concrete shall be struck off and the coarse particles forced with a suitable tool to a depth which will permit properly finishing the surface as specified in Subsection 19-4.25(a). The outside edge of curb shall be rounded to a radius of 1/2 inch.
[1967 Code § 19-4.31]
The gutter, or curb and gutter shall consist of concrete as specified in Subsection 26-4.17 and shall be finished as specified in subsections 26-4.25 and 26-4.30 on prepared subgrade as specified in Subsection 26-4.13. Concrete gutters shall be six inches in depth, in lengths of 10 feet, and of a width that the Mayor and Council shall by resolution direct. Combination concrete curbs and gutters shall be in lengths of 10 feet; the gutter shall be six inches in depth, and of a width that the Mayor and Council may by resolution direct. The curb shall be six inches in width and 12 inches in depth. The outside edge of gutters shall be rounded to a radius of 1/2 inch.
[1967 Code § 19-4.32]
Expansion joints shall be inserted in the curb and gutter adjoining all radius corners and at intervals of approximately 50 feet between corners.
[1967 Code § 19-3.33; Ord. No. 07-03]
Where driveways cross the sidewalks, the concrete pavement shall have a thickness of not less than six inches and be reinforced with six inches by six inches — W2.9 x W2.9 welded wire mesh fabric.
At driveways the top of the curb may be lowered to within 1 1/2 inches of the gutter grade. The ends of the curbs at the driveways may be leveled at an angle of 30° from the horizontal, or circular corners having a radius of not more than 2 1/2 feet may be constructed, the return curbs disappearing at the established grade of the sidewalk at a distance of not more than 24 inches from the curb line.
[1967 Code § 19-4.34]
Any assessment made under the provisions of this section shall bear interest and shall be collected and enforced in the same manner as other assessments for local improvements.
[1967 Code § 19-4.35; Ord. No. 07-03]
Notwithstanding the above provisions, the Mayor and Borough Council may direct and authorize the installation of granite block curbing instead of the curbing as defined above in accordance with specifications to be determined by the Borough Engineer. The following general criteria shall be considered in any such decision:
Concrete curbing should be utilized consistently within the business districts of the Borough, including the current B-1, B-2, OB, RB/SR zones and any area designated in the future for business use.
Granite block curbing should be utilized within current residential districts of the Borough, including existing residential zones and any area designated in the future for residential use; provided, however, concrete curbing should be utilized in those residential areas: 1. where sidewalks directly abut the curbing; or 2. where a proposed project would be adjacent to or within such close proximity to existing concrete curbing that the intended aesthetic or functional goal of using granite block curbing would not be achieved.
The Mayor and Council may refer any proposed curbing project to the Planning Board for its advisory recommendations.
[1967 Code § 4-9.1; Ord. No. 2017-11]
The owner or other person having control of any premises abutting upon any public sidewalk in the Borough shall remove all snow and ice from the portion of the sidewalk abutting his/her premises. The owners of premises used for business, commercial or industrial purposes shall, in addition, remove all snow and ice from parking lots, walkways and other areas used by their customers or employees. Ice which is so frozen as to make removal impractical shall either be treated with rock salt or other chemicals which will thaw it sufficiently to permit removal or be thoroughly covered with sand, ashes or cinders. Removal or covering shall be accomplished within 12 hours of daylight after the snow or ice shall fall or be formed. Violators of this Subsection 26-6.1 shall be issued a summons by the Bound Brook Police Department or the Department of Code Enforcement, with a mandatory court appearance.
[1967 Code § 4-9.2; Ord. No. 2017-11]
No owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit any snow or ice upon the street. The intent of this subsection is to prohibit all persons from throwing, placing or depositing snow or ice accumulating on the private property of that person upon the streets or sidewalks of the Borough. Violators of this Subsection 26-6.2 shall be issued a summons by the Bound Brook Police Department or the Department of Code Enforcement, with a mandatory court appearance.
[1967 Code § 4-9.3; Ord. No. 2017-11]
In the event that snow or ice is not removed as required by Subsection 26-6.1 or is cast, deposited or placed upon sidewalks or streets in violation of Subsection 26-6.2, the snow or ice may be removed by the appropriate department of the Borough and the cost of removal shall be certified to the Mayor and Council. The Mayor and Council shall examine the certificate and, if found correct, shall cause the cost to be charged against the real estate abutting the sidewalk or street from which the snow or ice was removed. The amount charged shall become a lien upon the real estate abutting the sidewalk or street and shall be added to and become a part of the taxes next assessed upon that land and shall bear interest to be collected and enforced in the same manner as taxes. The remedy provided by this Subsection 26-6.3 shall be in addition to any penalty imposed for a violation of Subsection 26-6.1 or Subsection 26-6.2.
[1967 Code § 4-6.1]
No person shall place in any street or sidewalk any article which would tend to obstruct the free passage of pedestrians and vehicles along the streets or sidewalks. The following are examples of items which tend to obstruct the free passage of pedestrians and vehicles, but this enumeration is intended to be typical only and shall not be construed to be exclusive: merchandise, signs, showcases, crates and barrels, and other materials or equipment used in connection with the operation of a trade or business.
No person or group of persons shall stand, sit or remain in one location so as to impede the free passage of pedestrians or vehicular traffic on any street, sidewalk or public area.
[1967 Code § 4-6.2]
This section shall not apply to the following:
Obstructions caused by the loading or unloading of merchandise or equipment to and from vehicles, provided this is done in a manner which reduces the obstruction to the absolute minimum which is necessary or unavoidable.
Materials placed on a street in accordance with permission granted by any other provision of this revision.
Notwithstanding any other provision of this Code, between May 1st and October 31st of each year any restaurant or business involved primarily in the preparation and consumption of meals or beverages shall be allowed to serve customers for consumption in or upon an outdoor area which is open to the general public so long as such service is limited to table service. The area to be utilized in this manner shall be specifically delineated and physically established so as to leave no less than five feet of free and open sidewalk area from the curb line inward in order to permit the unobstructed passage of pedestrians. Nothing contained herein shall be construed so as to permit the outdoor service of alcoholic beverages unless the business is a liquor license holder and complies with all terms and conditions of these ordinances related to the outdoor service and consumption of alcohol.
[1967 Code § 4-6.3]
It shall be presumptive that a person has obstructed a street, sidewalk or public area if a pedestrian or vehicle is required to take any action so as to obtain free passage across a street, sidewalk or public area in which no such action would have been necessary but for the individual or individuals situated in that location or the location of items or articles placed in that area by such individuals.
[1967 Code § 4-6.4]
For purposes of this Section, public area shall mean any place to which the public has access including, but not limited to, any street, road, alley, sidewalk, store, shop, restaurant, tavern or other place of business as well as parking lots or other property to which the public is invited.