Article II Openings and Excavations

[Amended 6-24-1997 by Ord. No. 13-97; 10-24-2017 by Ord. No. 13-17]

No person, corporation, or utility shall make any excavation in or tear up or disturb the surface of the roadway of any street or public place without first applying for and receiving a written permit in conformance with this code. Prior to the issuance of a permit, applications for any opening exceeding six square feet shall be filed with the Borough Clerk and shall be submitted to the Borough Engineer for review for a permit. The Borough Engineer shall review the project and set the amounts for the requisite fees, deposits and amounts of the performance guaranty for the project(s). Every separate opening exceeding six square feet shall be deemed a separate project.

[Amended 8-23-2022 by Ord. No. 15-22]

A tunnel or excavation may be commenced without a permit when an emergency has arisen which makes it necessary to commence work immediately; however, the filing of such application and estimates/fees/deposits/bonds shall only be deferred until the next business day following the commencement of work when the emergency arises after closing of the office of the Borough Clerk. The permit, when issued, shall be retroactive to the date on which the work commenced.

Such permit shall remain in effect for 30 days, provided that such time may be extended, upon application made to the Borough Clerk within said thirty-day period, for an additional 30 days upon good cause being demonstrated to the appropriate Borough official for the noncompletion of the work within the initial period.

An application for a permit shall contain an acknowledgement that the applicant agrees to replace, at his own cost and expense, the street, curb, gutter, bike path, sidewalk, catch basins, manholes and all other disturbed areas, so as to restore said area to such state and condition as complies with Borough standards, within 90 days of the street opening; provided, however, that within 24 hours of such opening, the area shall be temporarily restored by the placement of a stabilized base course, maintained as determined in the reasonable judgment of the appropriate Borough official until the final surface has been laid. The final surface shall not be installed between November 15 and April 15 unless otherwise permitted by written authorization of the Mayor and Council

Application for permit hereunder shall be filed not less than five days in advance of any excavation, except in case of an emergency.

Transferability. Every permit shall apply only to the person to whom it is issued and shall not be transferable.

Possession of permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the Superintendent of Public Works, shall be kept in possession of the person actually performing the work and shall be exhibited on demand to any municipal official, employee of the Superintendent of Public Works or any police officer of the municipality.

Revocation of permit. The Superintendent of Public Works may revoke a permit for any of the following reasons:

(1)

Violation of any provision of this chapter or any other applicable law or ordinance.

(2)

Violation of any condition of the permit issued.

(3)

Carrying on work under the permit in such a manner which endangers life or property or which creates any condition which is unhealthy, unsanitary or declared by any law, ordinance or regulation to constitute a nuisance.

§ 287-8 Deposit, insurance and performance bond required.

[Amended 4-19-1977 by Ord. No. 725; 12-29-1987 by Ord. No. 15-87; 12-23-1991 by Ord. No. 24-91; 10-24-2017 by Ord. No. 13-17]

Deposit.

(1)

No permit for the excavation, tearing up or disturbing of the surface of the roadway of any street shall be granted unless the sums of money set forth in Chapter 169, Fees, shall be paid to the Borough Clerk for the repair and use of the Borough property, which sums shall be in lieu of the permit fee required in other cases. Such payment shall be at the stated rates for every eight square yards or fraction thereof excavated, torn up or disturbed. Said deposits shall have deducted therefrom the cost of any engineering review or inspection fees incurred in connection therewith as set forth in Chapter 169, Fees.

(2)

Each applicant shall deposit in trust with the Borough Clerk an amount, as determined by the appropriate Borough official, which is an estimate of all anticipated inspection and engineering costs and fees. In the event that such actual costs and fees are less than the amount deposited in trust, then the Borough shall refund the difference between the amount deposited in trust and the actual costs and fees charged to the applicant. In the event that such actual costs and fees exceed the amount deposited in trust, then the difference between the actual costs and fees and the amount deposited in trust shall be payable by the applicant.

(3)

No deposit shall be released unless the surface and foundations of the road or street shall have been satisfactorily restored in accordance with the provisions of this chapter. Any determination as to whether or not such road or street shall have been so restored shall be made solely by the Borough Council after receiving the advice and recommendation of appropriate Borough officials, and the determination of the Borough Council shall be final and conclusive.

(4)

The deposit shall also secure the Borough against damage to, removal of or interference with Borough property. Upon written notification to the applicant by the appropriate Borough official that Borough property has been damaged, removed or interfered with, the applicant shall correct such condition within a reasonable time thereafter as determined by the appropriate Borough official or the cost of such correction shall be payable from such deposit or, if repairs exceed same, corrections shall be the cost and responsibility of the applicant.

(5)

The deposit shall also secure the Borough for the costs of engineering and inspection fees, as specified in this chapter.

Insurance. Each applicant shall furnish proof at the time of application that it maintains sufficient public liability insurance with an insurance company licensed to transact business in the State of New Jersey in an amount of not less than $1,000,000/$3,000,000. Said policy of insurance shall specifically designate the Borough, its engineer and their employees and agents as named insured and shall require 10 days' written notice to the Borough prior to termination thereof. Policies shall also provide motor vehicle liability coverage in identical amounts and shall have X, C and U exclusions deleted.

Performance bond. On projects where excavations total and/or exceed 60 square feet in area over a six-month time period within a continuous, four-hundred-linear-foot roadway section, a permit shall not be granted by the Mayor and Council until the applicant furnishes a performance bond with sufficient surety, conditioned upon the completion of such improvement or improvements to the satisfaction of, and within the time designated by, the Mayor and Council, and further conditioned upon the furnishing of a maintenance bond with sufficient surety in an amount of 1/4 of the sum of the performance bond, to maintain such improvement or improvements against defective workmanship and material and inherent defects due to faulty workmanship or material for a period of 18 months from the date of completion and acceptance of such improvement or improvements. The performance bond shall be in such amount as estimated by the Borough Engineer to cover the costs of the improvement or improvements, and all expenses incidental thereto, plus 25% over and above the amount. In lieu of bonds, the applicant may deposit cash in sums equal to the amounts, which would otherwise be secured by the bonds aforesaid, and upon failure of the applicant to complete or maintain such improvement or improvements to the satisfaction of the Borough, the Borough may complete or maintain said work, using the money so deposited or so much thereof as is necessary for such purpose, returning the balance of the deposit, if any, to the applicant.

§ 287-9 Restoration of surface.

[Added 4-19-1977 by Ord. No. 725; amended 12-29-1987 by Ord. No. 15-87; 12-13-1994 by Ord. No. 20-94; 10-24-2017 by Ord. No. 13-17]

Restoration of road surfaces shall apply to any and all individuals, contractors or utilities excavating within the Borough.

In lieu of the deposit amounts set forth above, the person or firm applying for a permit to excavate, tear up or disturb the surface of the roadway of any street may pay a permit fee as set forth in Chapter 169, Fees, and thereafter file with the Borough Clerk a bond running to the Mayor and Council of the Borough of Maywood, New Jersey, in the sum of the deposit amount which would apply pursuant to § 287-8 above, conditioned on the making of all excavations in accordance with the provisions of this article and further conditioned that the applicant will restore the pavement of any roadway excavated, torn up or disturbed by the applicant or under his authority to the satisfaction of the Superintendent of Public Works within 10 days after the Superintendent of Public Work's approval of the backfilling of the roadway in accordance with § 287-16 of this article hereof. In case of the applicant's failure to so restore the roadway, he will, upon demand, pay to the Mayor and Council the cost of restoring such roadway. Such bond shall be kept current and enforceable throughout the term of the project encompassed in the permit application. All such restoration shall be subject to the supervision, inspection and final approval of the Superintendent of Public Works.

No excavation or backfilling shall be undertaken from November 15 through March 31, and no restoration or pavement construction shall be undertaken prior to April 15 except upon special written approval signed by the Mayor, upon written advice of the appropriate Borough official. Such special approval may be granted if weather conditions permit and suitable materials are available; provided, however, that no such special approval will be granted if ambient temperatures below 40° F. are anticipated during the course of the work or where frozen subgrade exists. No such special approval shall relieve the applicant from compliance with all other provisions of this chapter.

The person or entity conducting this work shall remain responsible for the repair of the resurfaced repair work for a period of 18 months and shall repair same, if required by the Superintendent of Public Works or his/her designee as provided herein.

Any restoration of macadam which is not milled and paved shall be completed using infrared paving to ensure a smooth transition from the adjoining surface.

Specifications and procedures for pavement. The following specifications and procedures shall be applicable to all pavement of roads and streets:

(1)

For openings of less than 100 square feet in surface area, the upper 7 1/2 inches of trench shall be filled by the applicant with graded one-and-one-half-inch stone equal to Division 3, Section 2, of State Specification, with dust, compacted by a five-ton roller. After 24 hours of traffic, or other period as stipulated by the appropriate Borough official, the edges of the trench shall be saw cut parallel to the street center line and six inches outside the widest trench limits, after which the upper 3 1/2 inches of stone shall be removed and final pavement shall be constructed. After 30 days, and after six months, the applicant shall place fine aggregate bituminous concrete in depressed areas to form a smooth, even street surface.

(2)

For openings of greater than 100 square feet in surface area, the upper 7 1/2 inches of trench shall be filled by the applicant with five inches of graded one-and-one-half-inch stone equal to Division 3, Section 20, of State Specification, with dust, and 1 1/2 inches of stabilized base material equal to Division 3, Section 2A, of State Specification, compacted by a ten-ton roller. The surface shall be maintained by the applicant for not less than 30 days and, at the discretion of the appropriate Borough official, to a maximum of 90 days, such that maximum surface depression is one inch. Thereafter, the edges of the trench shall be saw cut parallel to the street center line and six inches outside the widest trench limits, after which the upper 3 1/2 inches of material shall be removed, and final pavement shall be constructed. After six months, the applicant shall place fine aggregate bituminous concrete in depressed areas to form a smooth, even, street surface.

(3)

For emergency openings from November 15 through March 31, the procedure shall be as for openings greater than 100 square feet, except that temporary paving material may be approved cold patching compound, if hot material is not available.

(4)

Final pavement, in all cases, shall be four inches of graded one-and-one-half-inch stone, equal to Division 3, Section 20, of State Specification, with dust, two inches of stabilized base material equal to Division 3, Section 2A, of State Specification, 1 1/2 inches of fine aggregate bituminous concrete equal to Division 3, Section 12, Type SM-1 of State Specification, feathered over a twelve-inch width of tack coat, to meet adjacent surfaces. All thickness shall be as measured after compaction by a ten-ton roller.

(5)

Where a trench exceeds 100 feet in length, a one-and-one-half-inch surface course shall be placed from curb to street center line on dead-end streets and from curb to curb on through streets. Where a trench exceeds six feet in width, is skewed to street center line or is connected to spur trenches, a one-and-one-half-inch surface course shall be placed from curb to curb. In all cases, surface shall be cleaned and tack coat placed before application of surface course, which shall be feathered toward each curb.

(6)

Upon prior approval of the appropriate Borough official, subgrade stone may be replaced with an equivalent thickness of stabilized base material.

(7)

New streets and roads. Pavement of new streets or roads shall be in accordance with specifications and procedures specified in Subsection F(4) of this section.

(8)

The permittee shall not negatively impact the roadway drainage and stormwater overland flow patterns. The permittee will be required to reestablish the same drainage conditions that existed prior to the roadway disturbance.

Specifications and procedures for Curbs and Sidewalks shall be pursuant to § 287-17 of this chapter.

§ 287-10 Issuance of permit; notice.

[Amended 12-13-1994 by Ord. No. 20-94; 6-24-1997 by Ord. No. 13-97; 12-11-2024 by Ord. No. 16-24A]

All permits required by this article shall be issued in writing by the Building Department or, in the absence of the Building Department, the Borough Clerk. Upon the issuance of any such permit, the Building Department or Borough Clerk shall forthwith notify the Police Department and Public Works Manager, in writing, of such issuance and of the character of the work authorized. Except for emergency repairs, which shall be defined as such combination of circumstances as may constitute a threat to life, health or property and which shall be determined as such by the Mayor or appropriate Borough official or their designees, no permit shall be issued to excavate any pavement in any street which has been repaved, resurfaced or reconstructed within the previous seven-year period unless approved by resolution of the Mayor and Council. The Borough Clerk shall notify any public utility having pipes, conduits or rails on, over or under a public street of any repaving, resurfacing or reconstruction; provided, however, that failure to provide such notification shall not affect the within prohibition.

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 Chiefs of both the Police and Fire Departments. The Police and Fire Departments shall be notified of all street closings at least 24 hours in advance, except where the work is of an emergent nature, when notice shall be given to the Police and Fire Departments at the time work commences.

All street patch repairs and/or trench restoration must use the infrared paving method pursuant to the most recent standards promulgated by the Borough Engineer so as to blend uniformly with the adjacent existing roadway. All backfilling and patching operations of any such excavation project must be supervised by the Borough Engineer or his/her designated representative to ensure compliance with the Borough Engineer's standards.

If blasting is required in the course of any excavation, it shall be done in strict compliance with all applicable federal and state laws and regulations.

Restoration of any street foundation or surface shall not commence until the Town Engineer or his/her designated representative has determined that settlement of the subsurface is complete and the area properly prepared for restoration.

All materials and work shall be in accord with Town regulations, specifications, and details as required by the Borough Engineer.

§ 287-11 Work by public utilities.

[Amended 12-29-1987 by Ord. No. 15-87; 12-13-1994 by Ord. No. 20-94; 6-24-1997 by Ord. No. 13-97; 11-15-2007 by Ord. No. 29-07; 10-24-2017 by Ord. No. 13-17; 12-11-2024 by Ord. No. 16-24A]

Except as otherwise provided by law, any public utility having the lawful right to install or maintain pipes, conduits, tracks or other like apparatus in any public street or place shall make application for permit deposit with the Borough of Maywood an escrow in the sum as set forth in Chapter 169, Fees, conditioned for the making of all excavations in accordance with the provisions of this article and further conditioned that it will restore the pavement of any roadway excavated, torn up or disturbed by it or under its authority, in compliance with this chapter and in satisfaction of the Borough Engineer.

In case of the utilities' failure to restore or otherwise make repairs in compliance with this chapter, the Borough of Maywood may utilize all or a portion of such escrow to effectuate such repairs or restoration. The public utility will, upon demand, deposit with the Borough of Maywood such additional sums as to restore said escrow to the sum as set forth in Chapter 169, Fees, within 30 days following such demand.

The public utility, upon depositing such escrow, shall be required to obtain a street opening permit; however, in the case of emergencies which shall be defined as such combination of circumstances as may constitute a threat to life, health or property and which shall be determined as such by the Mayor or appropriate Borough official or their designees, the public utility may proceed with the required repairs prior to obtaining the permit, provided that prior notification thereof is furnished to the Borough's Police Department and that such permit is applied for and deposits made the next business day or within 48 hours of the commencement of work, whichever is least. All work, whether emergency or otherwise, unless the roadway is within the moratorium period, shall comply with all other terms and conditions contained within this chapter respecting such work. In addition, the public utilities shall be responsible to pay the Borough's engineering inspection fees as set forth in Chapter 169, Fees, within 30 days following receipt of a statement therefor. Any engineering inspection fees not paid within 30 days following billing therefor may be charged against said escrow.

(1)

Requirements for moratorium roads.

(a)

After the Borough has paved or repaved any street in the Borough, no excavation permit shall be issued for openings, cuts or excavations in said street for a period of seven years from the date of such paving, subject to the exceptions described herein.

(b)

The Borough Engineer shall keep a list of all such streets subject to this seven-year moratorium, which may be inspected in the office of the Borough Engineer.

(c)

Prior to the start of any such paving or repaving work, the Borough Engineer shall notify each utility company of said work so any in-progress or contemplated excavations may be completed before paving is started. Such notice shall state that no excavation permit shall be issued for openings, cuts, or excavations in said street for a period of seven years from the date of such paving. The notice shall also provide that applications for excavation permits for work to be done prior to such paving or repaving shall be submitted promptly so that any work may be completed not later than 90 days from the date of such notification.

(d)

During such seven-year period, the applicant must restore the street opening. Such restoration must include pavement restoration (milling and repaving) for the full width of the roadway (curb to curb/edge of pavement to edge of pavement) and extending 25 feet out from each edge of the excavation/trench. All roadway sawcuts/seams shall be infrared. Notwithstanding these requirements, the Borough Engineer may, in his/her sole discretion waive the requirements of this subsection under the following circumstances:

[1]

Where necessary, as determined by the Borough Engineer, for example, if there is an excavation on a small cul-de-sac of less than 100 feet in length within the Borough, or if such a distance will unreasonably interfere with an existing utility, the Borough Engineer may use his/her discretion in determining the overall distance of the restoration.

[2]

If in the judgment of the Borough Engineer, an emergency exists that makes it absolutely essential that the road be opened for purposes of a utility repair or replacement.

[3]

When the owner(s) of a single-family residential property who actually reside in that property apply for a construction permit to convert from oil heat to gas heat.

(e)

In any circumstance in which the Borough Engineer waives the curb-to-curb and/or 100-feet requirements above, the Borough Engineer shall require that the street opening be patched and restored via infrared pavement repair technology so as to blend uniformly with the adjacent existing roadway.

(2)

Requirements for non-moratorium roads.

(a)

For all streets that have not been paved within the last seven years, the applicant must patch and restore the street opening via infrared pavement repair technology so as to blend uniformly with the adjacent existing roadway. If the street opening to be trenched is greater than or equal to 50 linear feet, upon completion of same, the applicant shall restore (milling and repaving) the entire street surface from edge to edge, or curb to curb, of the full length of the excavation to the nearest intersection or as directed by the Borough Engineer as described herein.

(3)

All sidewalks, when being restored or replaced as part of the operations hereunder, must also be restored pursuant to the Borough Engineer's standards.

(4)

The street surface shall be restored to the satisfaction of the Borough Engineer that it has been restored to its original condition.

Poles.

(1)

Before a public utility makes any excavation within a public right-of-way within the Borough of Maywood for the purpose of placing, replacing or removing a pole or an underground facility located in a single municipality, which pole or underground facility is used for the supplying and distribution of electricity for light, heat or power or for the furnishing of water service or telephone or other telecommunications service on or below a public right-of-way in the Borough, the public utility shall, in addition to any other requirements of law, notify the Borough Engineer of the Borough of Maywood at least 24 hours before undertaking any construction or excavation related to the placement, replacement or removal of such pole or underground facility. For the purposes of this section, "underground facility" means one or more underground pipes, cables, wires, lines or other structures used for the supplying and distribution of electricity for light, heat or power, or for the providing of water service, or for the furnishing of telephone or other telecommunications service.

(2)

After completing the placement, replacement or removal of a pole or an underground facility pursuant to this section, the public utility shall remove from such right-of-way any pole or underground facility no longer in use, as well as any other debris created from such placement, replacement or removal and restore the property, including, but not limited to, the installation of a hot patch as needed to restore the property within the right-of-way to its previous condition as much as possible. As used in this section, "hot patch" means the installation of a mixture of asphalt to restore property within the right-of-way to its previous condition subsequent to the construction or excavation of any site required for the placement, replacement or removal of a pole or an underground facility pursuant to this section.

(3)

For the purposes of this section, "pole" means, in addition to its commonly accepted meaning, any wires or cable connected thereto, and any replacements therefor which are similar in construction and use.

In the event a public utility does not meet the requirements of this section concerning the removal of debris and the restoring of property in compliance with this chapter, the Borough shall be authorized to impose a fine up to an amount not to exceed $1,000 each day until the requirements of this section are met, except that if the public utility is unable to complete the installation of a hot patch due to the unavailability of asphalt material during the period of time from November through April, the public utility shall not be required to complete the hot patch installation until 60 days immediately following the end of the period of November through April. At least five business days prior to the end of the ninety-day period established by this subsection, the Borough shall notify the public utility that the penalties authorized by this section shall begin to be assessed against the utility after the end of the ninety-day period unless the utility complies with the requirements of this section. Any penalty imposed shall be collected or enforced in a summary manner, without a jury, in any court of competent jurisdiction according to the procedure provided by the Penalty Enforcement Law of 1999, P.L.1999, c. 274 (N.J.S.A. 2A:58-10 et seq.). The Superior Court and Municipal Court shall have jurisdiction to enforce the provisions of this section. In the case of removal or replacement of a pole or an underground facility utilized by two or more public utilities, the public utility last removing its pipes, cables, wires, lines or other structures shall be liable for the removal and restoration required under this section, unless a written agreement between the public utilities provides otherwise.

§ 287-12 Width of opening; tunneling.

[Amended 12-29-1987 by Ord. No. 15-87; 12-13-1994 by Ord. No. 20-94]

No opening in the paved section of any road shall be less than two feet wide nor more than three feet wide, and such openings shall be made so that the width at the bottom shall be less than the width at the surface of the pavement. No tunneling will be permitted except under special circumstances and pursuant to a special permit to be issued by the Borough Clerk, the fee for which shall be the sum as set forth in Chapter 169, Fees. In the event that the tunneling work is done in conjunction with other work for which a fee for a street opening permit has been paid, the fee herein provided for shall be waived. All tunneling work shall be performed under supervision of the Public Works Manager.

§ 287-13 Boring under pavement; effect of traffic.

[Amended 12-13-1994 by Ord. No. 20-94]

Wherever possible, excavations shall be made on either side of the pavement, and pipes to be laid shall be driven from one excavation to the other so as not to disturb the pavement. No boring under the pavement of any road shall be done except by special permit and under the personal supervision of the Public Works Manager. When necessary to excavate across the entire roadway of any road, the work shall be performed so that at least 1/2 of such roadway shall remain open to traffic. No person shall permit any street or road to be closed to travel by reason of any excavation made therein in pursuance of this article.

§ 287-14 Limitations.

[Amended 10-24-2017 by Ord. No. 13-17; 3-23-2021 by Ord. No. 4-21; 12-11-2024 by Ord. No. 16-24A]

No street or road which has been paved with macadam or bituminous concrete surface shall be excavated or otherwise opened for a period of seven years from the date of completion thereof, except upon prior approval granted by the Mayor or appropriate Borough official. If the Borough grants approval, roadway paving shall be in accord with § 287-11C(2)(a) as set forth hereinabove.

The permit for any such excavation as aforesaid shall state the maximum time allowed for the completion of the excavation and the backfilling thereof.

No applicant shall enter upon or make use of any private property without the written permission of the owner thereof.

Except in cases of emergency which shall be defined as such combination of circumstances as may constitute a threat to life, health or property and which shall be determined as such by the Mayor or appropriate Borough official or their designees, no work for which application is required pursuant to the provisions of this chapter shall be performed or undertaken on Saturdays and Sundays and/or legal holidays or between the hours of 8:00 p.m. and 8:00 a.m.

Notice of commencement of work for which application is required pursuant to the provisions of this chapter shall be given to the appropriate Borough official not less than two days in advance thereof and shall be completed within the time limits specified hereinafter. Thereafter, the Borough may cause such work to be completed, and the costs thereof shall be payable from the applicant's deposit and/or bond.

§ 287-15 Guarding of openings.

The person to whom any such permit herein provided for shall be granted shall guard the excavation or excavations by the erection of suitable barriers by day and the maintenance of suitable barriers and lights by night.

§ 287-16 Backfilling.

[Amended 12-13-1994 by Ord. No. 20-94; 10-24-2017 by Ord. No. 13-17]

The backfilling shall be completed within the time stated in such permit. The material to be used for such backfilling shall be earth or earth and crushed stone in even quantities. No stones larger than six inches in diameter and no shale rock shall be used for such purpose. No more than 12 inches of material in depth shall be backfilled at one time. Upon backfilling an amount not exceeding 12 inches, the same shall be thoroughly moistened and tamped and made thoroughly compact before any further backfilling is made. The backfilling shall be continued until the top thereof, after being thoroughly tamped, shall be one inch higher than the base of the pavement. All excess materials shall be removed. Upon beginning the backfilling, the Public Works Manager shall be immediately notified, and it shall be his duty to supervise and inspect the work, and if the backfilling is performed in accordance with the provisions of this article, the Public Works Manager shall proceed with due diligence to restore the pavement of the street over such backfill.

§ 287-17 Sidewalks, driveway aprons and curbs.

[Amended 12-9-86 by Ord. No. 20-86]

No person shall construct, remove, excavate, repair or disturb any sidewalk, driveway apron or curb within the Borough of Maywood without first having obtained a permit therefor. The permit shall state the maximum length of time that it shall remain in force, but it may be renewed by the Construction Official for a further period if, in his judgment, such renewal is necessary. No permit shall be issued until the fee established therefor in the most recent Fee Ordinance of the Borough[1] has been paid. In addition, the Construction Official shall require a deposit as set forth in Chapter 169, Fees, which sum shall be retained as security as hereinafter provided.

[Amended 12-29-1987 by Ord. No. 15-87]

[1]

Editor's Note: See Ch. 169, Fees.

An applicant for such a permit shall submit an acceptable sketch of the proposed work to the Construction Official, together with the required fee, describing the nature and extent of the proposed work and specifying the dimensions of the proposed work and the location of any trees, poles, hydrants, crosswalks, intersections, street signs and natural and man-made sight view obstructions that may be affected in any manner by the proposed work or which may affect sight view distance.

Upon receipt of an application for a permit, the Construction Official shall inspect the site of the proposed work and shall issue a permit for the proposed work upon a finding that the work is in accordance with the provisions of this article and other applicable Borough ordinances.

Driveway aprons, being the area lying between the sidewalk or, if no sidewalk, the street right-of-way line and the curb, if there is a curb, or the roadbed if there is no curb, shall be constructed as follows:

(1)

If there is either or both a concrete walk or a curb, the apron shall be constructed of concrete not less than seven inches in depth conforming to specifications of the New Jersey State Highway Department or as approved by the Borough Engineer.

(2)

If there is neither a concrete sidewalk nor a curb, the apron may be either constructed by concrete, as aforesaid, or bituminous concrete 1 1/2 inches thick on a crushed stone base four inches thick.

Curbs, aprons and curb cuts shall be constructed as follows:

[Amended 7-26-2022 by Ord. No. 11-22]

(1)

All driveway aprons and/or curbs shall be constructed of concrete unless approved otherwise by the Building Department or Planning Board.

(2)

All driveway aprons and/or curbs shall be constructed in such a manner that the natural flow of stormwater shall not be impeded.

(3)

Whenever new sidewalks are or shall be constructed, or existing sidewalks are or shall be reconstructed, and whenever there is an existing curb or curb to be constructed, the driveway aprons and/or additional curbs shall be constructed of concrete. All concrete driveway aprons shall extend from the curb to the sidewalk.

(4)

Newly constructed or reconstructed, monolithically poured concrete curbing, driveway aprons, and sidewalks shall not be permitted within the Borough of Maywood.

(5)

Expansion joints shall be provided at the ends of intersecting sidewalks, driveways, driveway aprons unless directed otherwise by the Building Department or Borough Engineer.

(6)

Expansion joints shall be filled within an approved, nonextrusive, pre-molded joint material, 1/2 inch in thickness. It shall extend through the entire cross-section of the driveway apron and/or curb.

(7)

Contraction joints of aprons and/or curbs shall be provided at intervals equivalent to the sidewalk width, but not less than four feet. Contraction joints shall be formed by metal dividers 1/8 inch in thickness to the full depth of the driveway apron and/or curb.

(8)

All curbs, concrete driveway aprons and the sidewalk between the aprons and the driveway must contain wire or fabric mesh and must be 6 inches in thickness.

(9)

Concrete for aprons and/or curbs shall be air-entrained and have a minimum twenty-eight-day strength of 4,000 pounds per square inch when tested pursuant to specifications of the American Society for Testing and Materials, and the concrete mix design shall conform to specifications ASTM-C 94-69, Option 2, of said American Society for Testing and Materials.

(10)

The dimensions of newly installed curbs shall be as follows:

(a)

The depth shall be at least 20 inches (50.8 centimeters).

(b)

The width shall be nine inches (22.9 centimeters) at the bottom and eight inches (20.3 centimeters) at the top.

(c)

The length of each section shall be 10 feet (3.05 meters), with expansion joints at intervals of not more than 20 feet (6.10 meters).

(d)

At driveways, curbs shall be depressed 4 1/2 inches.

(11)

Curb elevations on newly constructed streets and on existing streets, where feasible, shall be one inch (2.5 centimeters) above the center-line elevation of the roadway pavement of a paved roadway 30 feet (9.14 meters) wide, and the curb face shall extend six inches above the adjacent roadway pavement, provided that where, because of special drainage conditions or other topographic conditions, or where the condition of an existing street renders such dimensions not feasible or undesirable, or where the paved roadway exceeds 30 feet, the Borough Engineer may authorize variations from the above-described design.

All driveways, driveway aprons and curb cuts regulated by the within Article shall also be required to meet and to be constructed in accordance with the minimum site plan design standards established by the provisions of Chapter 209, Land Use, of the Code of the Borough of Maywood. In addition, sidewalks, driveways and curb cut construction shall meet the following requirements:

(1)

The minimum width of a driveway curb cut shall be 10 feet, plus an eighteen-inch transition on both sides of the driveway.

(2)

The maximum width of a driveway curb cut shall be 18 feet or 25% of the lot frontage, whichever is less, plus an eighteen-inch transition on both sides of the driveway.

(3)

No driveway curb cut shall be located less than three feet from the side line of a lot without the consent of the adjoining property owner.

(4)

No more than one driveway curb cut shall be permitted on any lot having a frontage of 50 feet or less on a public street. No more than two driveway curb cuts are permitted on lots having a frontage greater than 50 feet on a public street, provided that the combined width of such driveways shall not exceed 25% of the frontage of such lot on the public street.

(5)

Driveways on lots located on county and state roadways within the Borough of Maywood shall provide for an off-street vehicle turnaround so that ingress and egress shall be made to the county or state roadway only in a forward mode.

(6)

The Chief of Police or his designee may require the placement or use of flagmen, cones, signs, barracades or other warning devices with respect to any construction or work hereunder which may be necessary to ensure motor vehicle and pedestrian safety.

In the event that any proposed sidewalk, driveway apron or curb involves the proposed removal, trimming, cutting or other molestation of a shade tree, the Construction Official, prior to the issuance of any permit, shall forward a copy of the sketch illustrating the proposed work to the Chairperson of the Maywood Shade Tree Commission for review and approval pursuant to the provisions of Chapter 94, Shade Tree Commission, of the Code of the Borough of Maywood, or any amendments or revisions thereto.

Upon completion of the work, the person to whom the permit was issued shall notify the Construction Official, in writing, of such fact, and the Construction Official shall thereupon make an inspection of said work. In case the work is satisfactorily completed, the Construction Official shall return to the applicant the deposit moneys paid hereunder.

In case the work on such sidewalk, driveway apron or curb is not completed within said period to the satisfaction of said Construction Official, or within such extensions as may be granted, he shall cause the work to be properly done, the cost thereof to be paid out of such deposit, and such deposit or the unexpended portion thereof shall be returned after said work has been completed. During the time that any such sidewalk, driveway apron or curb shall be removed, provision shall be made by the owner or occupant of the premises for safe and convenient means of passage by pedestrians, satisfactory to the Construction Official.

No person shall place any bridging over any gutter or place any pipe or other obstruction in any gutter without first obtaining a written permit from the Construction Official.

Nothing herein shall be deemed to interfere with the duty and or right of any board or agency to conduct site plan review or other review of any development application pursuant to the provisions of the Municipal Land Use Law. N.J.S.A. 40:55D-1 et seq., or the provisions of the Municipal Land Use Ordinance of the Borough of Maywood.[2] Nothing herein shall be deemed to contravene the provisions thereof respecting site plan review where said provisions have applicability.

[2]

Editor's Note: See Ch. 209, Land Use.

The appropriate municipal agency, in connection with its review of a site plan application, or the Borough Engineer, in a matter which does not require site plan review, may grant exceptions to the requirements of this section in the event that compliance would be excessively costly or burdensome and if the municipal agency or the Borough Engineer, as the case may be, determines that such noncompliance will have no adverse effect on the condition of the sidewalk involved or the adjacent street and will not be inconsistent with the overall intent and purpose of this article.

Upon completion of any work permitted hereunder, the applicant shall be responsible to remove as soon as reasonably possible all construction warning devices and to restore and clear surrounding work areas to allow for safe passage of pedestrian and/or motor vehicle traffic.

In the event of the failure to comply with any of the requirements contained herein, the Construction Official may direct the immediate cessation of any work hereunder until compliance is achieved. Upon the failure or refusal to comply with the requirement contained herein, the Construction Official may revoke any permit issued hereunder.

The failure or refusal to comply with any of the requirements contained herein may subject this violator to the penalties set forth in § 287-1 hereof.

§ 287-17.1 Noncompliance; right of Borough to remedy.