[Ord. #421; New]
As used in this Section:
shall mean a person making written application to the Superintendent
of Public Works for an excavation permit hereunder.
shall mean the excavation, removal, replacement, repair,
construction or other disturbance of any portion of the public improvements
within a public street or drainage right-of-way. These public improvements
include, but are not limited to: curb, sidewalk, driveway and driveway
aprons, drainage structure and conduits, pavements, base courses,
gutters, retaining walls, channels, headwalls, railings, guard rails
or any other public improvement existing within the public right-of-way.
For the purposes of this Section, that work which is being performed
outside of the public right-of-way, but which requires the storage
of materials or the operation of equipment within the public right-of-way,
in such a manner as may cause damage, will also be deemed excavation
work. "Excavation work" shall also include the construction, addition,
installation or other improvement of the whole or portions of the
improvements within a public street, drainage right-of-way or other
public way or public grounds by persons other than those exempted
from the provisions of this Section, including privately sponsored
construction of curbing, sidewalks, pavement extensions, aprons, drainage
or any other portions of the public improvements.
shall mean any person who has been granted and has in full
force and effect an excavation permit issued hereunder.
shall mean any street, highway, sidewalk, alley, avenue,
public drainage easement or other public way or public right-of-way
or public grounds in the Borough, excepting County or State roads
or highways.
[Ord. #421; New]
It shall be unlawful for any person to perform any of the excavation work as defined in subsection 12-1.1 heretofore or dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street, any earth or other excavated material, obstructing or tending to interfere with the free use of the street, or dig up, break, excavate or undermine or in any way effect any other public improvement within the public right-of-way as defined in subsection 12-1.1 unless such persons shall first have obtained an excavation permit therefor from the Superintendent of Public Works as herein provided. An excavation permit shall not be issued unless the applicant presents a written statement of compliance with N.J.S.A. 2A:170-69.4 et seq. concerning underground gas pipes.
[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]
a.
Application Submitted to Superintendent of Public Works. No excavation
permit shall be issued unless a written application for the issuance
of an excavation permit is submitted to the Superintendent of Public
Works. The written application shall state the name and address and
24/7 telephone number of the applicant and their contractor, the nature,
location and the purpose of the excavation, the proposed dates of
commencement and completion of the excavation and other data which
may reasonably be required by the Superintendent of Public Works.
b.
Submission of Plans. The application shall be accompanied by plans
showing the extent of the proposed excavation work, the dimensions
and elevations of both the existing ground prior to the excavation
and of the proposed excavated surfaces, the location of the excavation
work, and such other information as may be prescribed by the Superintendent
of Public Works including the complete plan, profile and details of
any proposed curb, sidewalk, pavements or other proposed improvements.
c.
Unless otherwise stated herein, all construction shall conform with
the NJDOT Standard Specifications for Road and Bridge Construction,
latest edition, as amended or supplemented and the Manual on Uniform
Traffic Control Devices (MUTCD).
d.
The permittee assumes responsibility for securing all other necessary
permits from the appropriate regulatory agencies.
[Ord. #421; New]
a.
Permit Fee for Issuance of Excavation Permit. A permit fee shall
be charged by the Borough for the issuance of an excavation permit
which shall be in addition to all other fees for permits or charges
relative to any proposed construction work. The excavation fee shall
be one hundred ($100.00) dollars.
b.
Waiver of Permit Fees. Permit fees will be waived in the case of
installation or repair of sidewalk by, or one acting for, the owner
of real property or in the case of installation of new public improvements
by a subdivider or site developer in accordance with approved plans
without cost to the Borough.
[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]
a.
Cash Repair Deposit to Accompany Application. The application for
an excavation permit to perform excavation work concerning an area
of more than one (1) square yard, under this Section shall be accompanied
by a cash repair deposit in addition to the required one hundred ($100.00)
dollar fee. Such cash repair deposit will take the form of cash or
certified check payable to the "Borough of Point Pleasant" and shall
be received by the Borough Treasurer prior to the issuance of a permit.
b.
Amount of Cash Repair Deposit. The amount of the cash repair deposit
required shall be:
1.
Seven ($7.00) dollars per square foot of surface for an opening not
exceeding one hundred fifty (150) square feet;
2.
Five ($5.00) dollars per square foot of surface for an opening one
hundred fifty (150) square feet or more, but not exceeding one thousand
(1,000) square feet;
3.
Four ($4.00) dollars per square foot for an opening one thousand
(1,000) square feet or more but not exceeding five thousand (5,000)
square feet.
4.
Four ($4.00) dollars per square foot for an opening exceeding five
thousand (5,000) square feet.
c.
Cash Repair Deposit for Involvement of Other Public Improvements.
In the case of excavation or removal or alteration of other public
improvements such as drainage, sidewalks, driveways, driveway aprons,
etc., the Borough Engineer shall determine in each case the amount
of the cash repair deposit, in an amount sufficient to allow the borough
to perform all required repairs and restorations. This amount shall
be estimated to include Borough gross costs, including fees, temporary
maintenance costs, permanent restoration costs, engineering costs,
etc.
d.
Minimum Cash Repair Deposit. In no case shall a cash repair deposit
be less than one hundred ($100.00) dollars.
e.
Return of Cash Repair Deposit. Any cash repair deposit made hereunder
shall serve as security for the inspection, repair, and performance
of work necessary to put the street in as good condition as it was
prior to the excavation if the Permittee fails to make the necessary
repairs or to complete the proper refilling of the opening and the
excavation work under the excavation permit. Upon the Permittee's
completion of the work covered by such permit, in conformity with
this Section as determined by the Superintendent of Public Works,
two-thirds (2/3) of the remaining cash deposit shall be promptly refunded
by the Borough to the Permittee and the balance shall be refunded
by the Borough to the Permittee upon the expiration of a thirty-six
(36) months period thereafter, provided that if the amount of the
cash deposit does not exceed one hundred ($100.00) dollars, the entire
cash repair deposit will be returned upon the Superintendent of Public
Works' determination that the Permittee has performed the work in
conformity with this Section.
f.
Use of Cash Deposit Funds. The Borough may use any or all of such
deposit to pay the cost of inspection and/or any work the Borough
performs to restore or maintain the street as herein provided in the
event the Permittee fails to perform such work, in which case the
amount refunded to the Permittee shall be reduced by the amount thus
expended by the Borough.
g.
Waiver of Cash Repair Deposits. Cash repair deposits will be waived
in the case of installation or repair of sidewalk by the owner, or
by a person acting for the owner, of real property and may be waived
in the case of installation of new public improvements by a subdivider
or site developer in accordance with approved plans and without cost
to the Borough provided however that such waiver will not be granted
if, in the opinion of the Superintendent of Public Works, a cash repair
deposit is required to insure protection of existing improvements
or to guarantee against damages during construction.
[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]
a.
When Surety Bond Permitted. If an individual cash repair deposit required by subsection 12-1.5 exceeds one thousand ($1,000.00) dollars or if the aggregate of the cash repair deposits which any applicant expects to be required to provide within a period of one (1) year exceeds five thousand ($5,000.00) dollars or if the applicant is a public utility regulated by the Federal Government and/or the State of new Jersey, then the Borough Council may allow the provision of all or, at the Borough Council's discretion, a portion of the cash repair deposit in the form of a surety bond. If a surety bond is to be provided in accordance with the requirements of this Section, the applicant shall deposit with the Borough Clerk a surety bond in an amount to be determined by the Borough Engineer made payable to the "Borough of Point Pleasant."
b.
Requirements for Surety Bond. The required surety bond must be:
1.
With good and sufficient surety;
2.
By a surety company authorized to transact business in New Jersey;
3.
Satisfactory to the Borough Attorney in form and substance;
4.
Conditioned upon the Permittee's compliance with this Section and
to secure the Borough and its Officers harmless against any and all
claims, judgments or other costs arising from the excavation and other
work covered by the excavation permit or for which the Borough, the
Borough Council or any Borough Officer may be made liable by reason
of any accident or injury to person or property through the fault
of the Permittee; either in not properly guarding the excavation or
for any other injury resulting from the negligence of the Permittee.
It shall be further conditioned upon the obligation of the Permittee
to fill up, restore and place in good and safe condition and as near
as may be to its original condition and to the satisfaction of the
Superintendent of Public Works all openings and excavations made in
streets and to maintain any street where excavation is made in as
good condition for the period of thirty-six (36) months after this
work shall have been done, usual wear and tear excepted, as it was
in before this work shall have been done. Any settlement of the surface
within the one (1) year period shall be deemed conclusive evidence
of defective back filling of the Permittee.
c.
Nothing herein contained shall be construed to require the Permittee
to maintain any repairs to pavement made by the Borough if such repairs
should prove defective. Recovery on such bond for any injury or accident
shall not exhaust the bond, but the bond shall, in its entirety, cover
any and all future accidents or injuries during the excavation work
for which it is given. If the event of a suit or claim against the
Borough by reason of the negligence or the fault of the Permittee,
upon the Borough giving written notice to the Permittee of such suit
or claim, any final judgment against the Borough requiring it to pay
for such damage shall be conclusive upon the Permittee and its surety
binding them to reimburse the Borough for any amounts it must pay
as a result of said judgment. An annual bond may be given under this
provision, which shall remain in force for one (1) year conditioned
as above in the amount specified above and in other respects as specified
above but applicable as to all excavation work in streets by the principal
in such bond during the term of one (1) year from this date.
[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]
No opening shall be made unless the Superintendent of Public
Works is given forty-eight (48) hours notice prior to the time work
is to commence. No work shall be permitted except during the normal
working hours of the Department of Public Works, except during legitimate
emergency conditions.
[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]
The Superintendent of Public Works may provide each Permittee
at the time a Permit is issued hereunder, a suitable placard, plainly
written or printed in English letters at least one (1") inch high,
with the following notice:
"Borough of Point Pleasant, Permit No. __________ expires __________."
In the first blank space, there shall be inserted the number of the
permit and after the word expires, shall be stated the date when the
Permit expires. It shall be the duty of any Permittee hereunder to
keep the placard posted in a conspicuous place at the site of the
excavation work. It shall be unlawful for any person to exhibit such
placard at or about an excavation site not covered by such permit,
or to misrepresent the number of the permit or the date of expiration
of the Permit.
[Ord. #421; New]
a.
Interference with Traffic. The Permittee shall take appropriate measures
to insure that during the performance of the excavation work, traffic
conditions as nearly normal as practicable shall be maintained at
all times so as to cause as little inconvenience as possible to the
occupants of the abutting property and to the general public, providing
that the Superintendent of Public Works may permit the closing of
the streets to all traffic for the period of time prescribed by him/her,
if in his opinion it is necessary. The Permittee shall route and control
traffic, including its own vehicles, as directed by the Borough Police
Department.
b.
Steps Required Before Closing or Restricting Traffic. The following
steps shall be taken before any street may be closed or restricted
to traffic:
1.
The Permittee must receive the approval of the Superintendent of
Public Works and the Police Department therefor.
2.
The Permittee, at least twenty-four (24) hours prior to commencement
of construction, must notify the Borough Fire Companies and First
Aid Squad together with the Borough of Point Pleasant Board of Education
and Bus Transportation Coordinator.
3.
Where flagmen are deemed necessary by the Superintendent of Public
Works and/or Police Department, they shall be furnished by the Permittee
at its own expense.
4.
Through traffic shall be maintained without the aid of detours if
possible. In instances in which this would not be feasible, the Chief
of Police will designate detours. The Borough shall maintain roadway
surfaces of existing highways designated as detours without expense
to the Permittee, but in case there are no existing highways, the
Permittee shall construct all detours at its own expense and in conformity
with the specifications of the Superintendent of Public Works. The
Permittee will be responsible for any unnecessary damage caused to
any highway by the operation of its equipment.
5.
Upon completion of the construction work, the Permittee shall notify
the Superintendent of Public Works and Police Department before traffic
is moved back to its normal flow, so that any necessary adjustments
may be made.
[Ord. #421; New]
The Permittee shall erect and maintain suitable temporary barriers
to confine earth from trenches or other excavations in order to encroach
upon highways as little as possible. The Permittee shall construct
and maintain adequate and safe crossings over excavations and across
highways under improvement to accommodate vehicular and pedestrian
traffic at all street intersections. Vehicular crossings shall be
constructed and maintained of plank, timbers and blocking and/or steel
plates of adequate size to accommodate vehicular traffic safely. Decking
shall be not less than four (4") inches thick and shall be securely
fastened together with heavy wire and staples. Pedestrian crossings
shall consist of planking three (3") inches thick, twelve (12") inches
wide and of adequate length, together with necessary blocking. The
walk shall not be less than three (3") feet in width and shall be
provided with a railing as required by the Superintendent of Public
Works.
[Ord. #421; New]
The excavation work shall be performed and conducted so as not
to interfere with access to fire stations and fire hydrants. Materials
or obstructions shall not be placed within ten (10') feet of fire
hydrants and valves. Passageways leading to fire escapes or fire fighting
equipment shall be kept free of piles of materials or other obstructions.
[Ord. #421; New]
a.
Written Consent Required When Utilities Involved. The Permittee shall
not interfere with any existing utility without the written consent
of the Superintendent of Public Works and/or the utility company or
person owning the utility. If it becomes necessary to remove an existing
utility, this shall be done by its owner. No utility owned by the
borough shall be moved to accommodate the Permittee unless the cost
of such work be borne by the Permittee. The cost of moving privately
owned utilities shall be similarly borne by the Permittee, unless
he/she makes other arrangements with the person owning the utility.
The Permittee shall support and protect, by timbers or otherwise,
all pipes, conduits, poles, wires or other apparatus which may be
in any way affected by the excavation work and do everything necessary
to support, maintain and protect them under, over, along or across
said work.
b.
Repair of Damage; Responsibility of Permittee. In case any of said
pipes, conduits, poles, wires or apparatus should be damaged, they
shall be repaired by the agency or person owning them and the expense
of such repairs shall be charged to the Permittee and his or its bond
shall be liable therefor. The Permittee shall be responsible for any
damage done to any public or private property by reason of the breaking
of any water pipes, sewer, gas pipes, electric conduits or other utility
and its bond shall be liable therefor. The Permittee shall inform
himself as to the existence and location of all underground utilities
and protect the same against damage.
[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]
The Permittee shall at all times, and at his or its own expense,
preserve and protect from injury any adjoining property by providing
proper foundations and taking other measures suitable for the purpose.
Where, in the protection of said property, it is necessary to enter
upon private property for the purpose of taking appropriate protective
measures, the Permittee shall obtain written permission from the owner
of such private property for such purpose. The Permittee shall at
its own expense shore up and protect all buildings, walls, fences,
signs, irrigation systems, mailboxes or other property likely to be
damaged during the progress of the excavation work and shall be responsible
for all damage to public or private property or highways resulting
from his failure to protect and carry out such work.
Whenever it may be necessary for the Permittee to trench through
any lawn area, the sod shall be carefully cut and rolled and replaced
after ditches have been backfilled as required in this Chapter. All
construction and maintenance work shall be done in a manner calculated
to leave the lawn area clean of earth and debris and in a condition
as nearly as possible to that which existed before such work began.
The Permittee shall not remove even temporarily, any trees or shrubs
which exist in parking strip areas or easements across private property
without first having notified and obtained the consent of the property
owner or in the case of public property, the appropriate Borough department
or Borough Official having control of such property.
[Ord. #421; New]
Any excavation made in any sidewalk or under a sidewalk shall
be provided with a substantial and adequate footbridge over said excavation
on the line of the sidewalk, which bridge shall be at least three
(3') feet wide and securely railed on each side so that passengers
can pass over safely at all times.
[Ord. #421; New]
a.
Warning Lights and Barricades. The Permittee shall erect and maintain,
approaching and throughout the site of the excavation work, such signs,
lights, barricades and other protective devices as are required. In
the absence of specific written directions by the Superintendent of
Public Works all signs shall be provided as required by the "Manual
on Uniform Traffic Devices" section concerning "Construction Signing,"
as published by the United States Department of Transportation.
b.
Insufficient Warning Devices; Erection of Warning Signs by Borough;
Assignment of Costs. Should the Superintendent of Public Works and/or
Police Department at any time determine that the Permittee has failed
to provide all required signs and protective devices in accordance
with the directions of the Borough Engineer and/or the requirements
of the previously mentioned "Manual on Uniform Traffic Control Devices,"
the Borough may provide and erect or cause the provision and erection
of such required signs, barricades and traffic control devices and
the cost thereof may be deducted from the cash repair deposit provided
by the applicant or may be billed directly to the Permittee by the
Borough. If such billing is made and not paid by the Permittee within
fifteen (15) working days after such billing, the amount may be deemed
due and recoverable from the Permittee's cash deposit or surety.
c.
Emergency Situations; Installation of Signs Without Notice. The Borough
shall normally provide the Permittee with twenty-four (24) hours notice
of its intention to require the provision of any such signs, barricades
and traffic control devices and its intention to bill the Permittee
the cost thereof, to deduct the cost thereof from the Permittee's
cash repair deposit, or to recover the cost thereof from the Permittee's
surety, except that in the case of an immediate emergency or hazard
to the public health or safety, the Borough may cause the provision
and erection of these devices without notice.
d.
Requirement for Installation of Barricades and Lights. The Permittee
shall erect such fence, railing or barriers about the site of the
excavation work as shall prevent danger to persons using the street
or sidewalks, and such protective barriers shall be maintained until
the work shall be completed or the danger removed. At twilight, there
shall be placed upon such place of excavation and upon any excavated
materials or structures or other obstructions to streets, suitable
and sufficient lights which shall be kept burning through the night
during the maintenance of such obstructions. It shall be unlawful
for anyone to remove or tear down the fence or railing or other protective
barriers or any lights provided there for the protection of the public.
[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]
It shall be unlawful for the Permittee to suffer or permit to
remain unguarded at the place of excavation or opening any machinery,
equipment or other device having the characteristics of an attractive
nuisance, likely to attract children or hazardous to their safety
or health.
Additionally, no dewatering equipment, wells, well points or
piping shall occupy the traveled portion of roadways or sidewalks,
unless specifically approved and adequately protected to the satisfaction
of the Public Works Superintendent and Police Department. Effluent
from any dewatering system shall be discharged in such a manner that
erodible soils are not adversely affected. Should any dewatering discharge
be deemed malodourous, the discharge shall be ceased until such time
as appropriate filtration can be provided to mitigate the odor
The discharge from dewatering equipment shall be drained directly
into the nearest available storm water basin. Discharges are not permitted
to drain along gutter lines where the discharge is either malodorous
or contains undesirable solids.
[Ord. #421; New]
All materials excavated from trenches and piled adjacent to
the trench, or in any street, shall be piled and maintained in such
a manner as not to endanger those working in the trench, pedestrians
or users of the street and in such a manner so that as little inconvenience
as possible is caused to those using streets and adjoining property.
Where the confines of the area being excavated are too narrow
to permit the piling of excavated material beside the trench, such
as might be the case in a narrow alley, the Superintendent of Public
Works shall have the authority to require that the Permittee haul
the excavated material to a storage site and then rehaul it to the
trench site at the time of backfilling. It shall be the Permittee's
responsibility to secure the necessary permission and to make all
necessary arrangements for all required storage and disposal sites.
[Ord. #421; Ord. No. 768]
All damage done to existing improvements during the progress
of the excavation work shall be repaired by the Permittee. Materials
for such repairs shall conform with the requirements of any applicable
code or ordinance. If, upon being ordered, the Permittee fails to
furnish the necessary labor and materials for such repairs, the Superintendent
of Public Works shall have the authority to cause the necessary labor
and materials to be furnished the Borough and the cost shall be charged
against the Permittee and the Permittee shall also be liable on his
or its bond therefor.
[Ord. #421; New]
Property lines and limits or easements shall be indicated on
the plan of excavation submitted with the application for the excavation
permit and it shall be the Permittee's responsibility to confine excavation
work within these limits.
[Ord. #421; New]
a.
As the excavation work progresses, all streets and private property
shall be thoroughly cleansed of all rubbish, excess earth, rock and
other debris resulting from such work. All cleanup operations at the
location of the excavation shall be completed to the satisfaction
of the Township Engineer.
b.
From time to time, as may be ordered by the Superintendent of Public
Works and in any event, immediately after completion of said work,
the Permittee shall, at his or its own expense, clean up and remove
all refuse and unused materials of any kind resulting from said work
and upon failure to do so within twenty-four (24) hours after having
been notified to do so by the Superintendent of Public Works, said
work may be done by the Borough and the cost thereof charged to the
Permittee and the Permittee shall also be liable for the cost thereof
under the surety bond provided hereunder.
[Ord. #421; New]
The Permittee shall provide for the flow of all watercourses,
sewers and drains intercepted during the excavation work and shall
replace the same in as good condition as it found them, or shall make
such provisions for them as the Superintendent of Public Works may
direct. The Permittee shall not obstruct the gutter of any street,
but shall use all proper measures to provide for the free passage
of surface water. The Permittee shall make provision to take care
of all surplus water, muck, silt, slicking or other runoff pumped
from excavations or resulting from sluicing or other operations and
shall be responsible for any damage resulting from its failure to
so provide.
[Ord. #421; New]
Whenever it is necessary to break through existing pavement
for excavation purposes and where trenches are to be four (4') feet
or over in depth, the pavement in the base shall be removed to at
least six (6") inches beyond the outer limits of the subgrade that
is to be disturbed in order to prevent settlement, and a six (6")
inch shoulder of undisturbed material shall be provided on each side
of the excavated trench. The face of the remaining pavement shall
be approximately vertical. Asphalt pavement shall be scored, saw-cut
or otherwise cut in a straight vertical line.
[Ord. #421; New]
Tunnels under pavement shall not be permitted except by permission
of the Superintendent of Public Works and, if permitted, shall be
adequately supported by timbering and backfilling under the direction
of the Superintendent of Public Works.
[Ord. #421; New]
Backfilling in any street opened or excavated pursuant to an
excavation permit issued hereunder, shall be compacted to a degree
equivalent to that of the undisturbed ground in which the trench was
dug. Compacting shall be done by mechanical means such as tamping,
vibrating or rolling as required by the soil in question and sound
engineering practice generally recognized in the construction industry.
[Ord. #421; New]
All backfilling of excavations in or within ten (10') feet of
any pavement or shoulder area, shall be done in thin layers. Each
layer is to be tamped by a manual or mechanical means. Layers that
are hand tamped shall not exceed three (3") inches in thickness; layers
that are powered tamped, shall not exceed six (6") inches in thickness.
This same requirement shall apply to all areas not within or within
five (5') feet of, any pavement or shoulder areas except that the
backfilling in thin layers shall only be required up to the first
eighteen (18") inches above the top of any installed pipes or conduits,
and the remaining portion of the backfill may be placed in a manner
acceptable to the Superintendent of Public Works so as to provide
a density comparable to that existing in the undisturbed ground adjacent
to the excavation.
[Ord. #421; New]
Whenever any excavation for the laying of pipe is made through
rock, pipe shall be laid six (6") inches above the rock bottom of
the trench and the space under, around and six (6") inches above the
pipe shall be backfilled with clean sand, non-corrosive soil or one-quarter
(1/2") inch minus gravel. Broken pavement, large stones, frozen soil,
wet or saturated soil and debris shall not be used in the backfill.
Where in the opinion of the Superintendent of Public Works, excavated
material is unsuitable for use as backfill, the contractor shall supply
other pervious material to be used for backfill.
[Ord. #421; New]
Backfilling shall be completed by placing the backfill material
well up over the top of the trench. For dry backfilling the material
shall be compacted with a roller of an approved type until the surface
is unyielding. The surface shall then be graded as required.
[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]
a.
Restoration required.
1.
The
permittee shall restore the surface of all streets, broken into or
damaged as a result of excavation work, to its original condition
in accordance with the Borough Design Standards and Details, and specifications
of the Department of Public Works, Parks and Engineering, and at the
direction of the Borough Engineer.
2.
In the
case of utility work undertaken by a public or private utility or
contractor, which work involves placing of new or replacing or repairing
existing utility infrastructure, including but not limited to gas
lines, water lines, electrical lines and sewer lines, or any disturbance
of the roadway surface, where the area to be trenched is greater than
fifty (50) linear feet, or where multiple small openings in the pavement
are made within a fifty (50) linear-foot or greater length of a roadway,
upon completion or within a reasonable amount of time as determined
by the Borough Engineer, the permittee shall mill and repave the entire
pavement surface from edge to edge or curb to curb for the full length
of the excavation, at their cost, in accordance with the Borough Design
Standards and Details, and specifications of the Department of Public
Works, Parks and Engineering, and at the direction of the Borough
Engineer. Further, should any proposed construction result in an undisturbed
section of roadway between two disturbed segments, or between one
disturbed segment and an intersecting roadway, and such undisturbed
section is 500 linear feet or less in length, said undisturbed section
will still require full restoration, edge to edge, at the cost of
the Permittee in accordance with Borough roadway restoration specifications.
b.
Minimum Standards. The minimum permitted permanent repairs shall
be, or in the opinion of the Borough Engineer, be equivalent to:
1.
In streets surfaced with a bituminous surface treatment - construction
of a hot, mixed bituminous stabilized base, NJDOT Mix I-1, four (4")
inches compacted thickness and a hot, mixed bituminous concrete surface
course, NJDOT Mix I-5, one and one-half (1 1/2") inches compacted
thickness. All pavement edges to be vertically cut, neatly matched
and tack coated - no existing overlaying pavements will be permitted;
2.
In streets of lesser construction, as approved by the Borough Engineer
at the time of issuance of permit.
3.
Excavations of one (1) square yard or less regardless of type or road construction shall be restored with six (6") inches NJDOT I-4 Soil Aggregate and as directed in subsection 12-1.28d.
If the particular existing pavements exceed these criteria,
higher type repairs may be required. All materials and workmanship
to be in accordance with the Latest Revision to the New Jersey Department
of Transportation's Standard Specifications for Road and Bridge Construction.
c.
Temporary Restorations. The Permittee may be required to place a
temporary surface over openings 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 paving
slab shall be tamped into place and this fill shall be topped with
a minimum of at least two (2") inches of cold mix bituminous concrete
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 (1") inch above the adjoining pavement. The Permittee
shall exercise special care in making such temporary restorations
and must maintain such restorations in safe traveling condition until
such time as permanent restorations are made. If in the judgment of
the Superintendent 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, he/she may direct the Permittee to
lay a temporary pavement of steel plate or other suitable material
designated by him/her over said cut or excavation to remain until
such time as the repair of the original pavement may be properly made.
d.
Permanent Restoration. Permanent restoration of the street shall
be made by the Permittee in strict accordance with the specifications
prescribed by the Superintendent of Public Works and the Municipal
Engineer. Permanent paving shall be constructed as follows:
1.
In the case of main replacements and for streets where multiple service connections are made, after the backfill is placed/compacted and the approved settling time is completed, the road shall be milled and paved from curb to curb for the entire length of the trench in accordance with subsection 12-1.28b above.
e.
Acceptance or approval of any excavation work by the Superintendent
of Public Works shall not prevent the Borough from asserting a claim
against a Permittee and his or its surety under the surety bond required
hereunder for incomplete or defective work if discovered within thirty
(36) months from the completion of the excavation work. The Superintendent
of Public Works' presence during the performance of any excavation
work shall not relieve the Permittee of its responsibilities hereunder.
[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]
a.
Permittee Fails to Restore Surface; Borough to Act. If the Permittee
shall have failed to restore the surface of the street to its original
and proper condition upon the expiration of the time fixed by such
permit or shall otherwise have failed to complete the excavation work
covered by such permit, or shall fail to adhere to other requirements
of this Chapter, the Borough shall have the right to do all work necessary
to restore the street, eliminate violations and to complete the excavation
work. The Permittee shall be liable for the actual costs thereof and
twenty-five (25%) percent of such cost in addition thereto for general
overhead and administrative expenses. The Borough shall have a cause
of action for all fees, expenses and amounts paid out and due it for
such work and shall apply in payment of the amount due it, any funds
of the Permittee deposited as herein provided and the Borough shall
also enforce its rights under any surety bond provided pursuant to
this Chapter. The Borough will normally give the Permittee twenty-four
(24) hours notice of its intent to act, under the terms of this Section,
to eliminate violations of this Chapter or to restore the surface,
except that in the case of immediate danger to the public health or
safety certified to by the appropriate officials, no such notice will
be provided.
b.
Guarantee for three (3) years. It shall be the duty of the Permittee
to guarantee and maintain the site of the excavation working the same
condition it was prior to the excavation for three (3) years after
restoring it to its original condition.
[Ord. #421; New]
Except by special permission from the Superintendent of Public
Works, no trench shall be excavated more than two hundred fifty (250')
feet in advance of pipe laying nor left unfilled more than two hundred
fifty (250') feet beyond where pipe has been laid. The length of the
trench that may be opened at any one time, shall not be greater than
the length of pipe and the necessary accessories which are available
at the site, ready to be put in place. Trenches shall be braced and
sheathed according to generally accepted safety standards for construction
work as prescribed by State Statute and Federal Regulation. Except
with the written permission of the Superintendent of Public Works,
no timber bracing, lagging, sheathing or other lumber shall be left
in any trench.
[Ord. #421; New]
The Permittee shall prosecute with diligence and expedition
all excavation work covered by the excavation permit and shall promptly
complete such work and restore the street to its original condition
or as near as may be, as soon as practicable and, in any event, not
later than the date specified in the excavation permit therefor.
[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]
If, in their judgment, traffic conditions, the safety or convenience
of the traveling public or the public interest requires that the excavation
work be performed as emergency work, the Superintendent of Public
Works and/or the Police Department shall have full power to order
at the time the Permit is granted, that a crew of men and adequate
facilities be employed by the Permittee twenty-four (24) hours a day
to the end that such excavation work may be completed as soon as possible.
[Ord. #421; New]
In the event of an emergency in which a sewer main, conduit
or utility in or under any street breaks, bursts or otherwise is in
such condition as to immediately endanger the property, life, health
or safety of any individual, the person owning or controlling such
sewer main, conduit or utility, without first applying for and obtaining
an excavation permit hereunder, shall immediately take proper emergency
measures to cure or remedy the dangerous conditions for the protection
of the property, life, health and safety of individuals. However,
such person owning or controlling such facility, shall apply for an
excavation permit not later than the end of the next succeeding day
during which the Superintendent of Public Works' Office is open for
business and shall not proceed with permanent repairs without first
obtaining an excavation permit hereunder.
[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]
Each Permittee shall conduct and carry out the excavation work
in such manner as the general public and the occupants of the neighboring
property. The Permittee shall take appropriate measures to reduce
to the fullest extent practicable, in the performance of the excavation
work, noise, dust and unsightly debris and during the hours of 9:00
p.m. to 7:00 a.m. the following day on weekdays and between 8:00 p.m.
Friday night and 8:00 a.m. Saturday and between the hours of 8:00
p.m. Saturday and 8:00 a.m. Sunday morning and on legal holidays,
shall not use, except with the express written permission of the Superintendent
of Public Works, or in case of any emergency as herein otherwise provided,
any tool, appliance or equipment producing noise of sufficient volume
to disturb the sleep or repose of occupants of the neighboring property.
Equipment shall be equipped with properly maintained mufflers, pneumatic
exhaust silencers and/or similar equipment. Construction equipment
shall be operated only during those hours permitted by Borough regulations,
unless special approval is granted by the Borough.
[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]
Whenever the Borough Council enacts an ordinance or resolution
providing for the paving or repaving of any street, the Municipal
Administrator shall promptly mail a written notice thereof to each
person owning any sewer main, conduit or other utility in or under
a street or any real property whether improved or unimproved abutting
said street. Such notice shall notify such persons that no excavation
permit shall be issued for openings, cuts, or excavations in the street
for a period of five (5) years from the date the Borough adopts a resolution
approving a contract for such roadway construction. Such notice shall
also notify such persons that applications for excavation permits
for work to be done prior to such paving or repaving shall be submitted
promptly in order that the work covered by the excavation permit may
be completed not later than forty-five (45) days from the date of
the notice. The Administrator shall also promptly mail out copies
of such notice to the occupants of all houses, buildings and other
structures abutting said street for their information and to State
agencies and departments or other persons that may desire to perform
excavation work in said street.
In the forty-five (45) days, every public utility company receiving
notice as prescribed herein, shall perform such excavation work, subject
to the provisions of this Chapter as may be necessary to install or
repair sewers, mains, conduits or other utility installation. In the
event any owner of real property abutting the street shall fail within
said forty-five (45) days to perform such excavation work as may be
required to install or repair utility service lines or service connections
to the property lines, any and all rights of such owner or his successors
in interest to make openings, cuts or excavations in said streets
shall be forfeited for a period of five (5) years from the date of
the award of a contract by the Borough. During said five (5) year
period, no excavation permit shall be issued to open, cut or excavate
in said street unless in the judgment of the Superintendent of Public
Works an emergency as described in this Chapter exists which makes
it absolutely necessary that the excavation permits to be used.
Every Borough Department or Official charged with the responsibility
for any work that may necessitate any opening, cut or excavation in
said street, is directed to take appropriate measures to perform such
excavation within the forty-five (45) day period as to avoid the necessity
of making any openings, cuts or excavations in the new pavement in
the Borough Street during the five (5) year period.
[Ord. #421; New]
The Permittee shall not disturb any surface monuments or hubs
found in the line of excavation work. Relocation of any monuments
or property markers shall be by a N.J. Licensed Land Surveyor at the
Permittee's expense.
[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]
The Superintendent of Public Works or his designated representatives
shall make such inspections as are reasonably necessary in the enforcement
of this Section. The cost of such routine inspections will generally
be borne by the Borough and the monies obtained from the street excavation
fee shall be used to wholly or partially defray these and other administrative
costs associated with the enforcement of this Section. However, when
continuous inspection during construction activities is deemed necessary,
the Borough Engineer will make an estimate of the anticipated inspection
costs and the permittee will be required to deposit said fees in an
escrow account with the Borough. The Superintendent of Public Works
shall have the authority to enforce such rules and regulations as
may be reasonably necessary to carry out the intent of this Section.
[Ord. #421; New]
Users of subsurface street space shall maintain accurate drawings,
plans and profiles showing the location and character of all underground
structures including abandoned installations. Corrected maps, two
(2) copies, shall be filed with the Superintendent of Public Works
within thirty (30) days after new installations, changes or replacements
are made.
[Ord. #421; New]
a.
Borough Work. The provisions of this Section shall not be applicable to any excavation work under the direction of competent Borough officials by employees of the Borough or by any contractor of the Borough or agency or department of the Borough performing work for an din behalf of the borough necessitating openings or excavations in streets nor shall the provisions of subsections 12-2.4 and 12-1.6 apply to any excavation work performed adjacent to or within the public rights-of-way by subdividers or site developers in accordance with approved subdivision or site plans provided such subdividers or site developers have posted cash guarantees and surety in accordance with the applicable ordinance requirements.
[Ord. #421; New]
A Permittee, prior to the commencement of excavation work hereunder,
shall furnish the Borough Clerk satisfactory evidence in writing that
the Permittee has enforced and will maintain enforced during the performance
of the excavation work and the period of the excavation permit, public
liability insurance of not less than five hundred thousand ($500,000.00)
dollars for any person and five hundred thousand ($500,000.00) dollars
for any accident and property damage insurance of not less than fifty
thousand ($50,000.00) dollars issued by an insurance company authorized
to do business in this State, naming the Borough as an additional
insured. In cases where the character or nature of the proposed excavation
work are such as to present an unusual hazard or a higher than normal
risk of damage or injury, the Borough Council may require the provision
of increased amounts of liability and property damage insurance. Any
permits which occasion such increased hazard or liability, shall be
referred by the Superintendent of Public Works, for the consideration
of the Borough Council, prior to the issuance of the permit.
[Ord. #421; New]
This Section shall not be construed as imposing upon the borough
or any official or employee any liability or responsibility for any
damages for any person injured by the performance of any excavation
work for which an excavation permit is issued hereunder, nor shall
the borough or any official or employee thereof be deemed to have
assumed any such liability or responsibility by reason of inspections
authorized hereunder, the issuance of any permit or the approval of
any excavation work.
[Ord. #421; New]
Any person who violates any provisions of this Chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.
[Ord. #379 S 49-1; Ord. #596 SS 1-3; Ord. #648 S 1; Ord.
# 2014-06; Ord. #2015-24 § 1]
The following regulations shall control the preparation of refuse
and garbage proposed for collection by agents, servants or employees
of this Borough during the normal and regular days of collection for
each District:
a.
Trash and garbage must be contained in plastic bags and should be
set out in water tight metal or plastic containers with a lid. The
container shall be limited to a total weight of not more than fifty
(50) pounds (including container weight). Each container shall be
placed curbside for collection. No trash or garbage shall extend above
the normal height of the container. In addition to the aforesaid,
the term garbage and trash container shall mean and include watertight
heavy duty plastic garbage bag containers of substantial quality.
b.
Leaves are not considered trash. See Section 12-4 of the Borough Code, "RECYCLING," for direction on disposal of these materials.
c.
Cardboard, newspapers, magazines, periodicals, etc. are not considered trash. See Section 12-4 of the Borough Code, "RECYCLING" for direction on disposing of these materials.
d.
Freshly cut grass, reeds, sea grass and ornamental grasses only must be contained in plastic bags and placed next to trash containers so they may be readily emptied into the collection vehicle. Material in container shall not exceed fifty (50) pounds in weight when deposited for collection. For direction on disposal of all other yard materials including, but not limited to: thatch (dried grass), pine needles, flowers, brush, weeds, etc., see Section 12-4 of the Borough Code, "RECYCLING."
e.
Refrigerators and all other appliances are not considered trash. See Section 12-4 of the Borough Code, "RECYCLING" for direction on disposal of these items.
f.
Electronic items, including, but not limited to, televisions, computers, microwaves, etc. are not considered trash. See Section 12-4 of the Borough Code, "RECYCLING," for direction on disposal of these items.
g.
Up to two (2) trash cans or bundles of construction materials will
be accepted with each regularly scheduled trash collection day. No
can or bundle may exceed fifty (50) pounds in weight.
h.
All broken glass or other dangerous material shall be placed in a
secure container to facilitate safe loading of the broken glass or
other dangerous material.
i.
If any container of garbage is upset or overturned, other than by
Borough agents, servants or employees engaged in garbage and refuse
collection, the property owner, tenant or other person placing garbage
for municipal collection shall promptly clean up such spilled garbage
and restore it to a watertight metal or plastic container with lid.
j.
No person shall place any of the items referred to above within any
street or highway, either for collection or other disposal.
k.
If any container of garbage is upset or overturned by any Borough
agent, servant or employee, he/she shall immediately collect such
garbage and dispose of same in the garbage truck.
l.
No garbage container shall be placed at the curb by the property
owner or tenant or person occupying the property at any time prior
to the twenty-four (24) hour period immediately preceding the scheduled
collection day. All garbage containers must be removed from the curb
by the property owner, tenant or any other person placing the same
out for collection the same day garbage, trash and refuse is collected.
m.
All commercial establishments must provide adequate containers that
are sufficient in size and quantity for all garbage and trash to be
stored between collections. Commercial establishments will be allowed
to put out a maximum of four (4) trash cans for each normal collection
day. Trash in excess of this amount must be containerized in an appropriately
sized dumpster and provisions made by the owner for private collection
of same. Where any commercial establishment utilizes private container
collection, all applicable portions of this Section concerning proper
storage and the placement and screening of receptacles and the accumulation
of trash shall apply.
n.
The owner of every condominium, multi-family, townhouse or apartment
dwelling shall provide adequate containers of sufficient size and
quantity for all garbage and trash to be stored between collections.
If the owner of any apartment dwelling or dwellings provides for private
container collection, all applicable portions of this Section concerning
proper storage and the placement and screening of receptacles and
the accumulation of trash and garbage shall apply.
o.
During periods between collections, all trash and garbage containers
shall be stored in a manner so as not to be visible from the street,
or screened from visibility by solid type fencing.
p.
It shall be unlawful for any person having control of any containers
for the collection of garbage and refuse, to allow trash, refuse or
garbage of any kind to accumulate around the outside of the containers.
[Ord. #379 S 49-2; New; Ord. #2014-06]
The following regulations shall control the preparation of household
items, other than typical household waste, to be collected by agents,
servants or employees of this Borough.
a.
The Borough will accept one (1) large or two (2) small items per
regularly scheduled trash pickup. These items include, but may not
be limited to, furniture, mattresses, box springs, doors, windows,
bathroom fixtures, etc. The number of items accepted shall be at the
discretion of the Borough's Public Works Superintendent or Road Foreman.
In the event that an unacceptable amount of large items is placed
for disposal, the homeowner will be required to contract with a private
hauler or make other arrangements for the disposal of these items.
[Ord. #379 S 49-3; Ord. #2014-06]
If any one (1) or more of the above regulations are not followed by the property owner, tenant or other person desiring collection, the Borough or its agents, servants or employees shall not be obliged to make collection of the items concerning which any one (1) or more of the above regulations have not been followed. When any of the allowable items named in or referred to in subsections 12-2.1 and 12-2.2 are placed at or just inside the curbline, it shall be assumed same are so placed for garbage, refuse or trash collection and disposal.
[Ord. #379 S 49-4; Ord. #2014-06]
If any Borough agent, servant or employee observes noncompliance
with any of the regulations in this Section, he/she shall notify the
offending tenant or landowner of the noncompliance and reason for
not making the collection. Such notice shall be given the same day
by a notice posted at the residence.
[Ord. #379 S 49-5; Ord. #2014-06]
[Ord. #379 S 49-6; Ord. #596 S 5; Ord. #648 S 2; Ord. #2014-06]
The enforcing authority for this Section shall be the Zoning and Code Enforcement Officer of the Borough. Any person found guilty of violating any of the provisions of this Section shall be subject to a penalty as established by Chapter I, Section 1-5.
[Ord. #368, S 39-5; Ord. #500; Ord. #805, S 1; Ord. #864,
S 1; Ord. #92-60, S 2]
a.
Title Established, Declaration of Findings and Policies. This subsection
shall be known and cited as "Littering and Dumping Regulations" of
the Borough of Point Pleasant.
Litter and illegal dumping is a serious infliction affecting
public health, comfort, welfare and the value of real property and
environment. The necessity to protect the interests of the public
are contained and enacted within the provisions and prohibitions of
this subsection. The people have a right to and should be insured
an environment free of litter and other objects which degrade the
quality of life within the Borough.
From and after the effective date of this subsection, the following
regulations shall regulate littering in the Borough of Point Pleasant.
1.
The term "Littering" shall mean any used or unconsumed substance
or waste material which has been discarded whether made of aluminum,
glass, plastic, rubber, paper, or other natural or synthetic material
of any combination thereof including, but not limited to, any bottle,
jar, or can, any unlighted cigarette, cigar, match or any flaming
or glowing material or any garbage, trash, refuse, discarded fish
remains, debris, rubbish, grass clippings, or other lawn or garden
waste, newspapers, magazines, glass, metal, plastic or paper containers
or other packaging or construction material but does not include the
waste of the primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
2.
It shall be unlawful for any person to throw, drop, discard or otherwise
place litter of any nature upon public or private property, other
than a litter receptacle or structure or container designated for
the collection of the particular item.
3.
The term "catch basin" shall mean any structure associated with receiving
and transporting runoff from rainfall. Other terms synonymous with
"catch basin" are, but not limited to, storm sewer inlet, inlet, sump,
basin, etc.
b.
Receptacles; Public Places. The use of litter receptacles shall be
required at the following public places which exist in the municipality.
The proprietor of these places or sponsors of these events shall be
responsible for providing and servicing the receptacles such that
adequate containerization is available.
1.
Buildings held out for use by the public including schools, government
buildings, and railroad and bus stations.
2.
Sidewalks used by pedestrians in active retail commercially zoned
areas, such that at a minimum there shall be no single linear quarter-mile
without a receptacle.
3.
All parks, beaches and bathing areas.
4.
All drive-in restaurants.
5.
All street vendor locations.
6.
All self-service refreshment areas.
7.
All construction sites.
8.
All shopping centers.
9.
All gasoline service station islands.
10.
All marinas, boat moorage and fueling stations, all boat launching
stations and all public and private piers operated for public use.
11.
All special events to which the public is invited, including sporting
events, parades, carnivals, circuses, barbecues and festivals.
c.
Solid Waste Disposal.
1.
It shall be unlawful for any person to discard or dump along the
street or road, on or off at any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber
tires, appliances, furniture, or private property in any place not
specifically designated for the purpose of solid waste storage or
disposal.
2.
It shall be unlawful for any person to discard litter or allow litter
to be discarded into a "catch basin." It also shall be unlawful for
a property owner to allow a "catch basin" to accumulate litter or
other foreign substances which are not considered an integral part
of the catch basin structure. Foreign substances would include but
not limited to sediment, leaves, grass clippings, personal tangible
property, litter, oil or any other waste.
d.
Storage. It shall be unlawful for any residential property owner
to store or permit to be stored any bulky household items for a period
in excess of thirty (30) days in areas zoned residential. Household
items shall include but not be limited to household appliances, furniture,
mattresses, automobile parts, etc. A person or residential property
owner may store said items in a fully enclosed structure, otherwise
items must be disposed of properly.
e.
Tires; Storage. It shall be unlawful for any residential property
owner to store or permit the storage of tires in areas zoned residential,
except in a fully enclosed structure.
f.
Motor Vehicles, Inoperable Vehicles. It shall be unlawful for any
person to keep or permit the keeping on streets, vacant lots, and
residential lawns except in a fully enclosed structure, any motor
vehicle, trailer or semi-trailer which is: (1) missing tires, wheels,
engine, or any essential parts; or (2) which displays extensive body
damage or deterioration; or (3) which does not display a current,
valid state license plate; or (4) which is wrecked, disassembled or
partially disassembled.
g.
Motor Vehicles; Loading. It shall be unlawful for any vehicle to
be driven, moved, stopped or parked on any highway unless such a vehicle
is constructed or loaded to prevent any of its load from dropping,
sifting, leaking or otherwise escaping therefrom. Any person operating
a vehicle from which any glass or objects have fallen or escaped,
which would cause an obstruction, damage a vehicle, or otherwise endanger
travelers or public property, shall immediately cause the public property
to be cleaned of all glass or objects and shall pay the costs therefor.
h.
Construction or Demolition Sites. It shall be unlawful for any owner,
agent or contractor in charge of a construction or demolition site
to permit the accumulation of litter before, during or after the completion
of any construction or demolition project. It shall be the duty of
the owner, agent, or contractor in charge of a construction site to
furnish containers adequate to accommodate flyable or non-flyable
debris or trash at areas convenient to construction areas, and to
maintain and empty the receptacles in such a manner and with such
a frequency as to prevent spillage or refuse.
i.
Waste Disposal Bins. It shall be unlawful for any residential or
commercial property owner to permit open or overflowing waste disposal
bins on his or her property.
j.
Streets; Sidewalks and Curbs. It shall be the duty of the owner,
lessee, tenant, occupant, or person in charge of any structure to
keep and cause to be kept the sidewalk and curb abutting the building
or structure free from obstruction or nuisances of every kind, and
to keep sidewalks, areaways, backyards, courts and alleys free from
litter and other offensive material. No person shall sweep into or
deposit in any gutter, street, catch basin or other public place any
litter or accumulation of litter from any public or private sidewalk
or driveway. Every person who owns or occupies property shall keep
the sidewalk in front of his or her premises free from litter. All
sweepings shall be collected and properly containerized for disposal.
k.
Fines; Penalties. Any person, firm, corporation or association violating
the terms of this subsection whether as principal, agent, or employee
of another, shall be subject to a fine of no less than one hundred
($100.00) dollars and no more than one thousand ($1,000.00) dollars
for the first violation and/or up to a term of ninety (90) days in
jail. For every subsequent violation the violator shall be subject
to a minimum penalty of five hundred ($500.00) dollars and no more
than one thousand ($1,000.00) dollars and/or up to a term of one hundred
eighty (180) days in jail or both. If the violation is of a continuing
nature, each and every day during which it continues, constitutes
a separate and distinct offense. In addition to the minimum monetary
penalty, the judicial system has the option of sentencing the person,
firm, corporation or association to participate in any alternative
sentencing program designed for local visible public property cleanup.
The nature and duration of this participation will be equivalent to
the severity of the fine levied by the courts.
Additionally, notwithstanding the aforementioned provisions,
the Borough Attorney is authorized to take all necessary legal action,
including the filing of a lawsuit, against any person convicted of
violations of any provisions of Chapter XII to recoup any costs incurred
by the Borough of Point Pleasant as a result of said violation.
[Ord. #850, S 1]
a.
It shall be unlawful for any person, persons, partnership or corporation
to unlawfully dispose of, or knowingly fail to remove, tangible personal
property, which is property with a physical existence and an intrinsic
value, within the Borough by throwing, dropping, discarding, knowingly
concealing, placing or allowing to fall upon public, private or any
other areas within the boundaries of the Borough of Point Pleasant.
[Ord. #368, S 13-1]
The owner or tenant of lands lying within the limits of the
Borough shall keep all brush, hedges and other plant life and all
other obstructions within ten (10') feet of a roadway, and within
twenty-five (25') feet of the intersection of two (2) roadways, cut
to a height of two and one-half (2 1/2') feet or removed within
ten (10) days after service of notice to cut the brush, hedges or
other plant life or other obstruction. Trees must be trimmed of all
branches and leaves up to a height of ten (10') feet when the branches
or leaves obstruct roadway vision.
[Ord. #368, S 13-2; Ord. #497, S 13-2]
Editor's Note. Previous Section 12-4, entitled "Separation of
Recyclable Materials," (Ordinance No. 691) has been superseded in
its entirety by Ordinance Nos. 843 and 848A.
[Ord. #843, S 1]
This Section shall be known and may be cited as the Recycling
Ordinance of the Borough of Point Pleasant.
[Deleted by Ord. No. 2017-19]
The words, terms and phrases used in this Section shall have
the following meanings:
shall mean all empty all-aluminum beverage containers.
Deleted by Ord. No. 2017-19.
shall mean corrugated cardboard.
[Ord. No. 2017-19]
shall mean those properties used primarily for commercial
purposes and professional offices which shall include but not be limited
to shopping centers, restaurants, convenience stores, fast food establishments,
marinas, taverns and other offices.
Deleted by Ord. No. 2017-19.
shall mean bottles and jars made of clear, green or brown
glass. Expressly excluded are drinking glasses, plate glass, blue
glass and porcelain and ceramic products.
[Ord. No. 2017-19]
shall mean those facilities that house or serve groups of
people, including but not limited to: hospitals, schools, nursing
homes, libraries and governmental offices.
shall mean empty steel or tin food or beverage containers.
[Ord. No. 2017-19]
shall mean newspaper (plus inserts), magazines, catalogs,
paperback books, hardcover books (with cover removed), computer papers,
junk mail (including envelope), office paper, school paper, brown
paper bags, construction paper, non-metallic wrapping paper, and greeting
cards.
[Ord. No. 2017-19]
shall mean paper of the type commonly referred to as newsprint
and distributed at fixed intervals, having printed thereon news and
opinions and containing advertisements and other matters of public
interest. Expressly excluded, however, are newspapers which have been
soiled, wet or yellowed.
shall mean all used motor oils from individuals changing
oil from cars, lawn mowers, motorcycles, and other motorized vehicles
and machinery. Expressly excluded are transmission fluids, brake fluids,
kerosene, gasoline, and any oil degreasers or solvents.
shall mean every owner, lessee and occupant of a residence,
commercial or institutional establishment within the boundaries of
the Borough of Point Pleasant.
shall mean any plastic container where the neck is smaller
than the base of the container such as beverage, shampoo/conditioner,
laundry/dish detergent, milk/juice jugs, soda, water, and condiment
bottles. Expressly excluded are all bottle or jar caps, and all other
forms of plastics.
[Ord. No. 2017-19]
shall mean those materials which would otherwise become municipal
solid waste, and which may be collected, separated or processed, and
returned to the economic mainstream in the form of raw materials or
products.
shall mean any occupied single, duplex, apartments or multi-family
dwellings from which a municipal or private hauler collects solid
waste.
shall mean plastic bottles, cans (aluminum, steel, tin and
empty aerosol cans), glass bottles, glass jars, glass containers,
mixed paper, and corrugated cardboard.
[Ord. No. 2017-19]
shall mean garbage, refuse, and other discarded solid material
normally collected by a municipal or private hauler.
[Ord. #843, S 2; Ord. No. 2017-19]
[Ord. #843, S 3; Ord. #95-14, S 1; Ord. No.
2017-19]
There is hereby established a program for the mandatory separation
of the following recyclable materials from the municipal solid waste
stream by all persons within the Borough of Point Pleasant, hereinafter
referred to as the "Municipality":
a.
Aluminum, steel, tin, and empty aerosol cans; 1
b.
Glass containers; 1
c.
Plastic containers; 1
d.
Mixed Paper; 1
e.
Corrugated Cardboard1
f.
Tires. 2
g.
White Goods/Metal; 2,3
h.
Used motor oil and filters; 2
i.
Shredded Paper in plastic bags; 2
j.
Automotive Batteries; 2
k.
Rigid Plastic; 2
l.
Shrink Wrap; 2
m.
Textiles; 2
n.
Electronics (televisions, computers, monitors); 2
o.
Empty paint cans; 2
p.
Phone books and hardcover books; 2
q.
Cell phones, rechargeable batteries; 2
r.
Fluorescent bulbs2
s.
Leaves;2,4
t.
Brush.2,3
1 Part of single stream curbside
program.
2 Must be dropped off at Recycling
Center on Arthur Avenue.
3 Monthly Curbside pickup by appointment
in addition to drop off at Recycling Center.
4 Leaves are picked up by section
twice in the Fall and once on the Spring; in addition to drop-off
at the Recycling Center.
[Ord. #843, S 4]
There is hereby established a program for the mandatory separation
of cardboard boxes from the municipal solid waste stream by all commercial
businesses within the Borough of Point Pleasant.
[Ord. #843, S 4; Ord. #93-18, S 1; Ord. #95-14, S 2; Ord. No. 2017-19]
a.
The recyclable materials designated as single stream in subsection 12-4.3 shall be put in a plastic or metal container with a lid, not exceeding fifty (50) pounds in weight when full, separate from other solid waste, and placed at the curb or such other designated area for collection at such times and dates as may be herein established in the municipality's recycling regulations.
b.
Oil. It shall be unlawful to dispose of used motor oil in any manner
other than through an authorized "used oil collection site" as per
this section. On and after the adoption of this section, and in accordance
with existing State regulations (N.J.A.C. 14A:3-11), any person or
property with "used oil holding tanks," as designated by the Recycling
Coordinator, shall accept up to five (5) gallons at a time of "used
motor oil from individuals changing oil from cars, lawn mowers, motorcycles,
and other motorized vehicles and machinery," and shall post a sign
informing the public that they are a "used oil collection site." No
new persons or sites will be established except by written authorization
of the Recycling Coordinator and with the approval of the Mayor and
Council.
c.
Commercial establishments shall make arrangements to dispose of their cardboard boxes in accordance with subsection 12-4.3A of this section. This shall also apply to residents that do not cut down cardboard for curbside pickup. This cardboard shall be brought to the Recycling Center on Arthur Avenue.
d.
Refrigerators, freezers, air conditioners, and other Freon containing
devices are valuable recyclable commodities. All homeowners and businesses
within the Borough of Point Pleasant must produce for the Department
of Public Works a certification from a Department of Environmental
Protection and Energy recognized Freon recovery technician or company
that the Freon containing device has been inspected and all existing
Freon has been safely removed. The Department of Public Works of the
Borough of Point Pleasant, upon receiving such letter of certification
from any homeowner within the Borough of Point Pleasant shall issue
a notice to be affixed to the appliance in question notifying Department
of Public Works collectors or Recycling Center attendants that the
item is Freon free and suitable for disposal.
e.
Tires. All tires to be disposed of by the residents must be brought
to the Recycling Center on Arthur Avenue where they will be accepted
only after a two ($2.00) dollar fee per tire has been paid to the
Borough of Point Pleasant (office of the Tax Collector) and sufficient
proof of payment has been presented to the Recycling Coordinator or
his designee at the Recycling Center.
[Ord. #843, S 5; Ord. No. 2017-19]
All persons within the municipality shall, from the period at
such times and dates as may be hereinafter established in the municipality's
recycling regulations of each year, separate leaves from other solid
waste generated at the premises and, unless the leaves are stored
or recycled for composting or mulching on the premises, place the
leaves at the curb or other designated area for collection at such
times and dates and in the manner established by the municipality's
recycling regulations. Leaves can also be taken to the Recycling Center
year round.
[Ord. #843, S 6; reserved by Ord. No. 2017-19]
[Ord. #12-2008, S 1]
From the time of placement at the curb, by any resident, of recyclable materials designated in subsections 12-4.3, 12-4.4 and 12-4.5 of this section, for collection by the Borough of Point Pleasant pursuant to the Borough's recycling program, such materials shall become and are the property of the Borough of Point Pleasant.
[Ord. #843, S 7]
It shall be a violation of this section for any unauthorized person, persons, partnerships, organizations or corporations to collect, pick up or cause to be collected or picked up within the boundaries of the Municipality any of the recyclables designated in subsections 12-4.3, 12-4.4 and 12-4.5 of this section. Each such collection in violation of this section shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. #843, S 8]
The Municipality, Recycling Coordinator, and Superintendent of Public Works are hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of the recyclable materials designated in subsections 12-4.3, 12-4.4 and 12-4.5 of this section and such other matters as are required to implement this section. Such regulations shall take effect only upon approval of the Borough Council by adoption of a resolution implementing same. The Recycling Coordinator, Superintendent of Public Works, and Code Enforcement Officer and such other persons as designated by the Recycling Coordinator, with approval of Council by resolution, are hereby authorized and directed to enforce the provisions of this section and any implementing regulations adopted hereunder.
[Ord. #843, S 9; Ord. #12-2008, S 2]
a.
Any person violating or failing to comply with any of the provisions
of this section shall, upon conviction thereof, be punishable of a
fine of not less than one hundred ($100.00) dollars nor more than
two thousand ($2,000.00) dollars, by imprisonment of a term not to
exceed ninety (90) days or by community service of not more than ninety
(90) days, or any combination of fine, imprisonment and community
service as determined by the Municipal Court Judge. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
b.
The violation of any provision of this section shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
[Ord. #843, S 10]
If any section, sentence or any other part of this ordinance
is adjudged unconstitutional or invalid by a court of a competent
jurisdiction, such judgment shall not affect, impair or invalidate
the remainder of this section but shall be confined in its effect
to the section, sentence or other part of this ordinance directly
involved in the controversy in which such judgment shall have been
rendered.
[Ord. #843, S 11]
All ordinances or parts of ordinances which are inconsistent
with the provisions of this section are hereby repealed to the extent
of such inconsistency.
[Ord. #843, S 12; Ord. No. 2017-19]
[Ord. No. 2017-19]
a.
Location of Facilities. Recycling Drop-Off and Collection Facility,
known as the "Jack Glass Recycling Center," Block 169, Lots 27 and
30 on Arthur Avenue.
b.
Hours Of Operation. The Borough's designated Recycling Facility shall
be open: Monday - Friday 8:00 — 3:45 p.m. Saturdays from 9:00
a.m. — 2:45 p.m. Sundays 9:00 a.m. — 12:00 p.m. (except
January and February). Recycling Center shall be closed on the following
Holidays: New Year's Day, Easter Sunday, Memorial Day, July 4th, Labor
Day, Thanksgiving, and Christmas.
[Ord. No. 2017-19]
c.
Violations and Penalties. The enforcing Authority for this subsection
shall be all Police Officers of the Borough: Code Enforcement Officer;
Recycling Coordinator and any other Facility monitors as shall be
necessary for the proper policing of the Facilities. Any person, firm,
corporation or association violating the terms of this section, whether
as Principal, Agent or Employee of another, shall be subject to a
fine not to exceed five hundred ($500.00) dollars, or imprisonment
in jail for a term not exceeding ten (10) days, or both, at the discretion
of the Court. To provide visible public clean-ups as an alternative
to the fines identified herein, any person, firm, corporation or association
found to be in violation of this section, may, at the discretion of
the local judicial system, opt to participate in any alternative sentencing
program through participating in a community service program designed
for local public property cleanup. The nature and duration of this
participation will be equivalent to the severity of the fine levied
by the Courts.
[Ord. #848A, SS 1-3; Ord. No. 2017-19]
[Ord. #810, S 1]
The Borough Council has determined that it must establish standards
for the delivery of unsolicited printed materials, so as to reduce
littering problems associated therewith. ().
As used in this Section:
shall mean a storage or collection receptacle, including
but not limited to, a newspaper tube, box or other device that will
prevent material from being blown away by the elements.
shall mean an area immediately adjacent to the structure,
which will give protection to delivered materials and prevent same
from being blown by wind.
shall mean any newspaper, circular, leaflet, pamphlet, booklet,
advertising paper; or any other printed literature which is delivered
free of charge to a location in the Borough; and, without request
of the owner, tenant or occupant of the location.
[Ord. #810, S 3; Ord. #844, S 1]
The delivery of unsolicited publications shall be permitted
only in the manner prescribed below:
a.
To individuals: By handing such materials to them, personally.
b.
To dwelling units, business establishments and other structures:
By leaving such materials on the porch or entranceway to said structure
in a secure manner, so as not to be blown away by the elements; or
by placing such materials in a receptacle designated by the property
owner, tenant or occupant to receive same.
c.
An application may be made to the Mayor for a special license to
deliver unsolicited publication materials anywhere within the boundary
lines of real property owners. Upon receiving such application, the
Mayor shall seek authorization from the Council to grant approval
of such application and such authorization shall not be unreasonably
withheld. The Mayor, with consent of Council, shall designate a specific
time period for the delivery of unsolicited publication materials
but in no event shall such time period exceed ninety (90) days.
[Ord. #810, S 4]
Any person who violates, or neglects to comply with, these regulations shall, upon conviction thereof, be subject to a penalty as established in Chapter I, Section 1-5, for each and every violation.
[Ord. #810, S 5]
It shall be the duty of the Zoning and Code Enforcement Officer
to enforce this Section; and to prosecute all violations thereof.
[Ord. #1996-12, S 2; Ord. #2012-18; amended 3-14-2022 by Ord. No. 2022-05]
All real property owners within the Borough of Point Pleasant
Borough shall be responsible for maintenance and upkeep of the Borough's
right-of-way which is located beyond the property line, up to the
curb line or on streets with no curb, up to the end of asphalt. The
maintenance of the right-of-way shall include, but is not limited
to, maintenance of sidewalks, grass, and trees. No basketball hoop
shall be placed less than 3 feet from the public right-of-way as to
not encroach into the public right-of-way
[Ord. #1996-12, S 2]
Any person who violates or neglects to comply with these regulations shall, upon conviction thereof, be subject to a penalty as established in Chapter I, Section 1-5, for each and every violation.
[Ord. #1996-12, S 2]
It is the duty of the Code Enforcement Officer to enforce this
Section; and to prosecute all violations thereof.
[Ord. #2009-07, S 1]
The purpose of this Section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Point Pleasant and/or the waters of the State so
as to protect health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. #2009-07, S 2]
For the purpose of this Section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this Chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Point Pleasant or other public body,
and is designed and used for collecting and conveying stormwater.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
shall mean water resulting from precipitation (including
rain and snow) that runs off the lands surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewage
or drainage facilities, or is conveyed by snow removal equipment.
shall mean the ocean and it estuaries, all springs, streams
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. #2009-07, S 3]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing. Any person who owns, leases or otherwise uses
a refuse container or dumpster must ensure that such container or
dumpster does not leak or otherwise discharge liquids, semi-liquids
or solids to the municipal separate storm sewer system(s) operated
by the Borough of Point Pleasant.
[Ord. #2009-07, S 4; Ord. No. 2017-19]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Reserved.
[Reserved by Ord. No. 2017-19]
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Ord. #2009-07, S 5]
This Section shall be enforced by the Police Department, Construction
Code Office, and/or the Superintendent of the Department of Public
Works.
[Ord. #2009-07, S 6]
Any person(s) who is found to be in violation of the provisions
of this Section shall be subject to a fine of not less than one hundred
($100.00) dollars and no more than one thousand ($1,000.00) dollars
for each violation and for second and subsequent offenses shall be
subject to the possibility of the aforementioned fine and/or up to
a term of thirty (30) days in jail. If the violation is of a continuing
nature, each and every day during which it continues constitutes a
separate and distinct offense. In addition to the minimum monetary
penalty, the judicial system has the option of sentencing the person,
firm, corporation or association to participate in any alternative
sentencing program design for local visible public property cleanup.
The nature and duration of this participation will be equivalent to
the severity of the fine levied by the Court. Additionally, notwithstanding
the aforementioned provisions, the Borough Attorney is authorized
to take all necessary legal action, including the filing of a lawsuit,
against any person convicted of violations of any provisions of Chapter
XII to recoup any costs incurred by the Borough of Point Pleasant
as a result of said violation.
[Ord. #2009-08, S 1]
The purpose of this Section is to require the retrofitting of
existing drain inlets which are in direct contact with repaving, repairing,
reconstruction, or resurfacing or alterations of facilities on private
property, to prevent the discharge of solids and floatables (such
as plastic bottles, cans, food wrappers and other litter) to the municipal
separate storm water system(s) operated by the Borough of Point Pleasant
so as to protect health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. #2009-08, S 2]
For the purpose of this Section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this Chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Point Pleasant or other public body,
and is designed and used for collecting and conveying stormwater.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
shall mean the ocean and it estuaries, all springs, streams
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. #2009-08, S 3]
No person in control of private property (except a residential
lot with one (1) single-family house) shall authorize the repaving,
repairing (excluding the repair of individual potholes), resurfacing
(including top coating or chip sealing with asphalt emulsion or a
thin base of hot bitumen), reconstructing or altering any surface
that is in direct contact with an existing storm drain inlet on that
property unless the storm drain inlet either:
[Ord. #2009-08, S 4]
Storm drain inlets identified in subsection 12-8.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see subsection 12-8.3 above:
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven (7.0) square inches, or is no greater
than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard includes grates
in grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two (2) or more clear spaces) shall have an area of no
more than seven (7.0) square inches, or be no greater than two (2")
inches across the smallest dimension.
c.
This standard does not apply:
1.
Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one (1") inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines
pursuant to the New Jersey Register or Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. #2009-08, S 5]
This Section shall be enforced by the Police Department, Construction
Code Office, and/or the Superintendent of the Department of Public
Works.
[Ord. #2009-08, S 6]
Any person(s) who is found to be in violation of the provisions
of this Section shall be subject to a fine of not less than one hundred
($100.00) dollars and no more than one thousand ($1,000.00) dollars
for each violation and for second and subsequent offenses shall be
subject to the possibility of the aforementioned fine and/or up to
a term of thirty (30) days in jail. If the violation is of a continuing
nature, each and every day during which it continues constitutes a
separate and distinct offense. In addition to the minimum monetary
penalty, the judicial system has the option of sentencing the person,
firm, corporation or association to participate in any alternative
sentencing program design for local visible public property cleanup.
The nature and duration of this participation will be equivalent to
the severity of the fine levied by the Court. Additionally, notwithstanding
the aforementioned provisions, the Borough Attorney is authorized
to take all necessary legal action, including the filing of a lawsuit,
against any person convicted of violations of any provisions of Chapter
XII to recoup any costs incurred by the Borough of Point Pleasant
as a result of said violation.
[Ord. #2011-06]
The Mayor and Council of the Borough of Point Pleasant adopts
the following Complete Streets Policy with the following goals and
objectives:
a.
Create a comprehensive, integrated, connected multi-modal network
by facilitating connection to bicycling and walking trip generators
such as employment, education, residential, recreational and public
facilities, as well as retail and transit centers.
b.
Provide safe and accessible accommodations for existing and future
pedestrian, bicycle and transit facilities.
c.
Establish a checklist of pedestrian, bicycle and transit accommodations
such as accessible sidewalk curb ramps, crosswalks, countdown pedestrian
signals, signs, curb extensions, pedestrian scale lighting, bike lanes
and shoulders for consideration in each project.
d.
Additionally sidewalks, dedicated bicycle paths, and/or a multi-use
path shall be included in all new construction and reconstruction
projects on "major roadways" and "safe routes" as defined by ordinance
and those used by more than one thousand (1,000) vehicles per day.
Exemptions shall be considered for County and State designated routes
such as scenic roads and historic or cultural byways.
e.
Establishment of a procedure to evaluate resurfacing projects for
Complete Streets inclusion according to length of project, local support,
environmental constraints, right-of-way limitations, funding resources
and bicycle and/or pedestrian compatibility.
f.
Transportation facilities constructed for long-term use shall anticipate
likely future demand for bicycling and walking facilities and not
preclude the provision of future improvements.
g.
Designs shall address the need for bicyclists and pedestrians to
cross corridors, as well as travel along them, in a safe, accessible
and convenient manner; therefore, the design of intersections, interchanges
and bridges shall anticipate use by bicyclists and pedestrians.
h.
Bicycle and pedestrian facilities shall be designed and contracted
to the best currently available standards and practices including
the New Jersey Roadway Design Manual, the AASHTO Guide for the Development
of Bicycle Facilities, AASHTO's Guide for the Planning, Design and
Operation of Pedestrian Facilities, the Manual of Uniform Traffic
Control Devices and others as related.
i.
Provisions shall be made for pedestrians and bicyclists when closing
roads, bridges or sidewalks for construction projects as outlined
in NJDOT Policy #705 —Accommodating Pedestrian and Bicycle Traffic
During Construction.
j.
Improvements shall also consider connections for safe routes to schools,
safe routes to transit, transit villages, trail crossings and areas
or population groups with limited transportation options.
k.
Improvements shall comply with Title VI Environmental Justice, Americans
with Disabilities Act (ADA) and complement the context of the surrounding
community.
l.
Exemptions to the Complete Streets Policy shall be presented to the
Municipal Engineer, with final decision by the Mayor and Council,
in writing and documented with supporting data that indicates the
reason for the decision and are limited to the following:
1.
Non-motorized users are prohibited on the roadway.
2.
Scarcity of population, travel and attractors, both existing and
future, indicate an absence of need for such accommodations.
3.
Detrimental environmental or social impacts outweigh the need for
these accommodations.
4.
Cost of accommodations is excessively disproportionate to cost of
the project, even after factoring in the long-term economic, social,
environmental and quality of life benefits of the accommodations.
5.
The safety or timing of a project is compromised by the inclusion
of Complete Streets.
6.
An exemption other than those listed above must be documented with
supporting data and must be approved by the Mayor and Council.
[Added 3-8-2021 by Ord.
No. 2021-02]
a.
Every owner, lessee, tenant, occupant, or other person having charge
of any building, lot of ground or premises, in the Borough abutting
or bordering upon any public street in the Borough shall remove or
cause to be removed all snow, slush and/or ice from the abutting sidewalks
of any such street within 24 hours or daylight after the same shall
fall or be formed thereon or, in the case of ice which may be so frozen
to the sidewalks as to make removal impracticable, shall cause the
same to be thoroughly covered with sand, rock salt or similar material
within the same period.
b.
For the purposes of this section, "sidewalks" shall also include
that portion of the walkway extending to the roadway pavement that
by means of a curb, ramp or incline provides access to crosswalks
and/or intersections.
[Added 3-8-2021 by Ord.
No. 2021-02]
a.
Requirements for Snow. Removal of any slush and/or loose, granular,
or packed snow should be conducted along the full paved width, or
a minimum of 48 inches wide, of such sidewalks and in a manner that
ensures the orderly flow and safety of pedestrian traffic upon such
sidewalks.
b.
Requirements for Ice. Removal of any ice should be conducted along
the full paved width, or a minimum of 48 inches wide, of such sidewalks
and in a manner that ensures the orderly flow and safety of pedestrian
traffic upon such sidewalks. In the event of ice that may be so frozen
as to make removal impracticable, any owner, lessee, tenant, occupant
or other person shall be deemed to be in compliance with this subsection
if such ice is made level and completely covered with sand, sawdust,
rock salt or other appropriate traction-producing material to prevent
slipping and shall, as soon thereafter as the weather shall permit,
thoroughly clean such sidewalks.
c.
Any property whose sidewalk leads to a crosswalk shall remove snow,
slush and/or ice to give clear path of access to the crosswalk.
[Added 3-8-2021 by Ord.
No. 2021-02]
No owner, lessee, tenant, occupancy or other person, having
charge of any building or lot of ground in the Borough abutting on
any street, shall throw, place or deposit any snow, slush and/or ice
into or upon any street, or against a fire hydrant or on the loading
or unloading areas of any public transportation systems in the Borough,
except such as falls upon or is formed upon that portion of the property
so abutting said street lying within the sidewalk lines thereof. No
snow or ice may be deposited on the land of another owner, tenant,
or occupant unless said owner, tenant or occupant has agreed to accept
same. No person shall authorize or permit removal of snow, slush and/or
ice and its depositing upon any street, or against a fire hydrant
or on the loading or unloading areas of a public transportation system
in the Borough. It is the intent and purpose of this section to prohibit
all persons from throwing, casting, placing or depositing snow and
ice which accumulated within the private property belonging to said
persons upon the sidewalks or street or the Borough.
[Added 3-8-2021 by Ord.
No. 2021-02]
In any case in which snow, slush and/or ice shall not be removed from any sidewalk as required in § 12-10.1 et seq, or shall be case, deposited, thrown or placed upon any sidewalk or street in violation of § 12-10.1 et seq, such snow, slush and/or ice shall be removed by and under the direction of the Borough Business Administrator or his designee. The cost thereof shall be certified by the Borough Engineer to the governing body, which shall examine such certificate of cost, and, if it finds said certificate to be correct, shall cause such cost to be charged against the real estate abutting upon such sidewalks. The amount so charged shall thereupon become a lien and tax upon said real estate and be added to and be a part of the taxes next to be levied and assessed thereon, and enforced and collected, with interest by the same officers and in the same manner as other taxes. The imposition and collection of any penalty imposed by the provisions of § 12-10.1 et seq, shall not constitute any bar to the right of the Borough to collect such assessment or costs as certified for the removal of said snow, slush and/or ice in the manner herein authorized.
[Added 3-8-2021 by Ord.
No. 2021-02]
a.
Any owner, lessee, tenant, occupant, or other person who violates
any provision of this section shall, upon conviction thereof, be punished
by a fine according to the following schedule:
b.
Each day on which a violation of this section exists shall be considered
a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal
Court Judge may determine.
