Borough of Point Pleasant, NJ Streets, Sidewalks and Sanitation

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.

PERMITTEE

shall mean any person who has been granted and has in full force and effect an excavation permit issued hereunder.

STREET

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.

§ 12-1.2 Excavation Permit Required.

[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.

§ 12-1.3 Application for Permit; Contents and Accompanying Date.

[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]

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.

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.

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).

The permittee assumes responsibility for securing all other necessary permits from the appropriate regulatory agencies.

§ 12-1.4 Excavation Permit Fees: Waiver.

[Ord. #421; New]

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.

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.

§ 12-1.5 Cash Repair Deposits: Waiver.

[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]

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.

Amount of Cash Repair Deposit. The amount of the cash repair deposit required shall be:

Seven ($7.00) dollars per square foot of surface for an opening not exceeding one hundred fifty (150) square feet;

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;

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.

Four ($4.00) dollars per square foot for an opening exceeding five thousand (5,000) square feet.

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.

Minimum Cash Repair Deposit. In no case shall a cash repair deposit be less than one hundred ($100.00) dollars.

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.

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.

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.

§ 12-1.6 Surety Bond.

[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]

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."

Requirements for Surety Bond. The required surety bond must be:

With good and sufficient surety;

By a surety company authorized to transact business in New Jersey;

Satisfactory to the Borough Attorney in form and substance;

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.

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.

§ 12-1.7 Scheduling of Work.

[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.

§ 12-1.8 Excavation Placard.

[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.

§ 12-1.9 Routing of Traffic.

[Ord. #421; New]

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.

Steps Required Before Closing or Restricting Traffic. The following steps shall be taken before any street may be closed or restricted to traffic:

The Permittee must receive the approval of the Superintendent of Public Works and the Police Department therefor.

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.

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.

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.

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.

§ 12-1.10 Protection of Traffic.

[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.

§ 12-1.11 Clearance for Fire Equipment.

[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.

§ 12-1.12 Removal and Obstruction of Utilities.

[Ord. #421; New]

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.

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.

§ 12-1.13 Protection of Adjoining Property.

[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.

§ 12-1.14 Sidewalk Excavation.

[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.

§ 12-1.15 Protective Measures.

[Ord. #421; New]

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.

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.

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.

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.

§ 12-1.16 Attractive Nuisance.

[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.

§ 12-1.17 Disposition of Excavated Material.

[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.

§ 12-1.18 Damage to Existing Improvements.

[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.

§ 12-1.19 Property Lines and Easements.

[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.

§ 12-1.20 Cleanup.

[Ord. #421; New]

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.

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.

§ 12-1.21 Protection of Watercourses.

[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.

§ 12-1.22 Breaking Through Pavement.

[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.

§ 12-1.23 Tunnels.

[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.

§ 12-1.24 Backfilling Requirements.

[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.

§ 12-1.25 Procedure in Backfilling.

[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.

§ 12-1.26 Backfill Material.

[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.

§ 12-1.27 Backfilling at the Surface.

[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.

§ 12-1.28 Restoration of the Surface.

[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]

Restoration required.

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.

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.

Minimum Standards. The minimum permitted permanent repairs shall be, or in the opinion of the Borough Engineer, be equivalent to:

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;

In streets of lesser construction, as approved by the Borough Engineer at the time of issuance of permit.

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.

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.

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:

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.

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.

§ 12-1.29 Borough's Right to Restore Surfaces or Eliminate Violations; Maintenance of Condition.

[Ord. #421; Ord. No. 768; amended 7-25-2022 by Ord. No. 2022-10]

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.

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.

§ 12-1.30 Trenches in Pipe Laying.

[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.

§ 12-1.31 Prompt Completion of Work.

[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.

§ 12-1.32 Urgent Work.

[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.

§ 12-1.33 Emergency Action.

[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.

§ 12-1.34 Noise, Dust and Debris.

[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.

§ 12-1.35 Excavations Barred in New Street Improvements.

[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.

§ 12-1.36 Preservation of Monuments.

[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.

§ 12-1.37 Inspections.

[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.

§ 12-1.38 Maintain Drawings.

[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.

§ 12-1.39 Where Chapter Not Applicable.

[Ord. #421; New]

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.

§ 12-1.40 Insurance.

[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.

§ 12-1.41 Liability of Borough.

[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.

§ 12-1.42 Penalty.

[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.

§ 12-2 GARBAGE AND REFUSE.

§ 12-2.1 Preparation of Refuse and Garbage.

[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:

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.

Leaves are not considered trash. See Section 12-4 of the Borough Code, "RECYCLING," for direction on disposal of these materials.

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.

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."

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.

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.

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.

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.

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.

No person shall place any of the items referred to above within any street or highway, either for collection or other disposal.

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.

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.

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.

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.

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.

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.

§ 12-2.2 Preparation of Other Household Items.

[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.

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.

Household furniture and the other large items referenced in Section 12-2.2 a. above shall be placed so as not to fall into the street right-of-way or sidewalk areas.

Among other items, collection of trash shall not be deemed to include the following:

Motor vehicles or parts thereof.

Boats or dismantled parts thereof.

Large trees or stumps.

Such recyclables as may be designated in conformance with Section 12-4 of this Code.

§ 12-2.3 Noncollection Due to Noncompliance.

[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.

§ 12-2.4 Notification of Noncompliance; Report of Noncollection.

[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.

§ 12-2.5 Compliance Necessary for Collection.

[Ord. #379 S 49-5; Ord. #2014-06]

No municipal agent, servant or employee shall collect any of the items referred to in subsections 12-2.1 and 12-2.2 unless and until such items are prepared for collection and disposal as referred to and as directed in said subsections.

§ 12-2.6 Violations and Penalties.

[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.

§ 12-2.7 Littering: Prohibited.

[Ord. #368, S 39-5; Ord. #500; Ord. #805, S 1; Ord. #864, S 1; Ord. #92-60, S 2]

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.

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.

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.

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.

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.

Buildings held out for use by the public including schools, government buildings, and railroad and bus stations.

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.

All parks, beaches and bathing areas.

All drive-in restaurants.

All street vendor locations.

All self-service refreshment areas.

All construction sites.

All shopping centers.

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.

Solid Waste Disposal.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

§ 12-2.8 Unlawful Disposal of Tangible Personal Property Prohibited.

[Ord. #850, S 1]

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.

Any violation of this subsection shall subject the violator to the fines and penalties set forth in subsection 12-2.7.

§ 12-3 CLEAR VIEW AT INTERSECTIONS.

§ 12-3.1 Cutting; Duty of Owner or Tenant; Notice.

[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.

§ 12-3.2 Service of Notice.

[Ord. #368, S 13-2; Ord. #497, S 13-2]

The notice required by subsection 12-3.1 above shall be served by the Zoning and Code Enforcement Officer, in accordance with Chapter 2, Section 2-15 and all the complaints shall be filed with the Zoning and Code Enforcement Officer, in accordance with Chapter II, Section 2-15.

§ 12-4 RECYCLING.

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.

§ 12-4.1 Short Title.

[Ord. #843, S 1]

This Section shall be known and may be cited as the Recycling Ordinance of the Borough of Point Pleasant.

§ 12-4.2 Definitions.

[Deleted by Ord. No. 2017-19]

The words, terms and phrases used in this Section shall have the following meanings:

ALUMINUM CANS

shall mean all empty all-aluminum beverage containers.

AUTHORIZED PERSONS LICENSE

Deleted by Ord. No. 2017-19.

CARDBOARD

shall mean corrugated cardboard.

[Ord. No. 2017-19]

COMMERCIAL ESTABLISHMENTS

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.

FERROUS CONTAINERS

Deleted by Ord. No. 2017-19.

GLASS CONTAINERS

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]

INSTITUTIONAL ESTABLISHMENTS

shall mean those facilities that house or serve groups of people, including but not limited to: hospitals, schools, nursing homes, libraries and governmental offices.

METAL CANS

shall mean empty steel or tin food or beverage containers.

[Ord. No. 2017-19]

MIXED PAPER

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]

NEWSPAPERS

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.

OIL

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.

PERSON

shall mean every owner, lessee and occupant of a residence, commercial or institutional establishment within the boundaries of the Borough of Point Pleasant.

PLASTIC BOTTLES

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]

RECYCLABLE MATERIALS

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.

RESIDENCE

shall mean any occupied single, duplex, apartments or multi-family dwellings from which a municipal or private hauler collects solid waste.

SINGLE STREAM

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]

SOLID WASTE

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]

§ 12-4.3 Establishment of Program.

[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":

Aluminum, steel, tin, and empty aerosol cans; ¹

Glass containers; ¹

Plastic containers; ¹

Mixed Paper; ¹

Corrugated Cardboard¹

Tires. ²

White Goods/Metal; ^2,3

Used motor oil and filters; ²

Shredded Paper in plastic bags; ²

Automotive Batteries; ²

Rigid Plastic; ²

Shrink Wrap; ²

Textiles; ²

Electronics (televisions, computers, monitors); ²

Empty paint cans; ²

Phone books and hardcover books; ²

Cell phones, rechargeable batteries; ²

Fluorescent bulbs²

Leaves;^2,4

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.

§ 12-4.3A Separation of Cardboard Boxes.

[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.

§ 12-4.4 Separation of Recyclables and Placement for Disposal.

[Ord. #843, S 4; Ord. #93-18, S 1; Ord. #95-14, S 2; Ord. No. 2017-19]

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.

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.

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.

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.

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.

§ 12-4.5 Separation of Leaves and Placement for Disposal.

[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.

§ 12-4.6 (RESERVED)

[Ord. #843, S 6; reserved by Ord. No. 2017-19]

§ 12-4.6.1 Ownership of Materials at Curbside.

[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.

§ 12-4.7 Collection by Unauthorized Persons.

[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.

§ 12-4.8 Enforcement and Administration.

[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.

§ 12-4.9 Violations and Penalties.

[Ord. #843, S 9; Ord. #12-2008, S 2]

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.

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.

§ 12-4.10 Severability.

[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.

§ 12-4.11 Inconsistent Ordinances Repealed.

[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.

§ 12-4.12 (RESERVED)

§ 12-4.13 (RESERVED)

§ 12-4.14 (RESERVED)

§ 12-4.15 (RESERVED)

[Ord. #843, S 12; Ord. No. 2017-19]

§ 12-4.16 Jack Glass Recycling Facility and Leaf Drop-Off Site.

[Ord. No. 2017-19]

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.

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]

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]

§ 12-5 DELIVERY OF UNSOLICITED PUBLICATIONS.

§ 12-5.1 Preamble.

[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. ().

§ 12-5.2 Definitions.

As used in this Section:

RECEPTACLE

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.

PORCH or ENTRANCEWAY

shall mean an area immediately adjacent to the structure, which will give protection to delivered materials and prevent same from being blown by wind.

UNSOLICITED PUBLICATIONS

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.

§ 12-5.3 Permitted Method of Distribution.

[Ord. #810, S 3; Ord. #844, S 1]

The delivery of unsolicited publications shall be permitted only in the manner prescribed below:

To individuals: By handing such materials to them, personally.

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.

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.

§ 12-5.4 Violations and Penalties.

[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.

§ 12-5.5 Enforcement.

[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.

§ 12-6 MAINTENANCE OF BOROUGH'S RIGHT-OF-WAY.

§ 12-6.1 Maintenance of Borough's Right-of-Way.

[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

§ 12-6.2 Violations and Penalties.

[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.

§ 12-6.3 Enforcement.

[Ord. #1996-12, S 2]

It is the duty of the Code Enforcement Officer to enforce this Section; and to prosecute all violations thereof.

§ 12-7 REFUSE CONTAINERS/DUMPSTERS.

§ 12-7.1 Purpose.

[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.

§ 12-7.2 Definitions.

[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.

MUNICIPAL SEPARATE STORMWATER SEWER SYSTEM (MS4)

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.

PERSON

shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

REFUSE CONTAINER

shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

STORMWATER

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.

WATERS OF THE STATE

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.

§ 12-7.3 Prohibited Conduct.

[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.

§ 12-7.4 Exceptions to Prohibition.

[Ord. #2009-07, S 4; Ord. No. 2017-19]

Permitted temporary demolition containers.

Litter receptacles (other than dumpsters or other bulk containers).

Reserved.

[Reserved by Ord. No. 2017-19]

Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.

Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).

§ 12-7.5 Enforcement.

[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.

§ 12-7.6 Penalties.

[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.

§ 12-8 PRIVATE STORM DRAIN INLET RETROFITTING.

§ 12-8.1 Purpose.

[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.

§ 12-8.2 Definitions.

[Ord. #2009-08, S 2]

MUNICIPAL SEPARATE STORMWATER SEWER SYSTEM (MS4)

PERSON

shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

STORM DRAIN INLET

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.

WATERS OF THE STATE

§ 12-8.3 Prohibited Conduct.

[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:

Already meets the design standard below to control passage of solid and floatable materials; and

Is retrofitted or replaced to meet the standard in subsection 12-8.4 below prior to the completion of the project.

§ 12-8.4 Design Standard.

[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:

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:

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

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.

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.

This standard does not apply:

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;

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:

(a)

A rectangular space four and five-eighths (4 5/8") inches long and one and one-half (1 1/2") inches wide (this option does not apply for outfall netting facilities); or

(b)

A bar screen having a bar spacing of 0.5 inches.

Where flows are conveyed through a trash rack that has parallel bars with one (1") inch spacing between the bars; or

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.

§ 12-8.5 Enforcement.

[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.

§ 12-8.6 Penalties.

[Ord. #2009-08, S 6]

§ 12-9 COMPLETE STREETS POLICY.

§ 12-9.1 Policy Adopted.

[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:

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.

Provide safe and accessible accommodations for existing and future pedestrian, bicycle and transit facilities.

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.

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.

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.

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.

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.

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.

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.

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.

Improvements shall comply with Title VI Environmental Justice, Americans with Disabilities Act (ADA) and complement the context of the surrounding community.

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:

Non-motorized users are prohibited on the roadway.

Scarcity of population, travel and attractors, both existing and future, indicate an absence of need for such accommodations.

Detrimental environmental or social impacts outweigh the need for these accommodations.

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.

The safety or timing of a project is compromised by the inclusion of Complete Streets.

An exemption other than those listed above must be documented with supporting data and must be approved by the Mayor and Council.

§ 12-10 SNOW AND ICE REMOVAL.

§ 12-10.1 Duty of Owner or Occupants of Premises.

[Added 3-8-2021 by Ord. No. 2021-02]

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.

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.

§ 12-10.2 Requirements for Removal.

[Added 3-8-2021 by Ord. No. 2021-02]

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.

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.

Any property whose sidewalk leads to a crosswalk shall remove snow, slush and/or ice to give clear path of access to the crosswalk.

§ 12-10.3 Depositing of Snow, Slush and/or Ice on Streets Prohibited.

[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.

§ 12-10.4 Removal by Borough; Lien For Costs.

[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.

§ 12-10.5 Violations and Penalties.

[Added 3-8-2021 by Ord. No. 2021-02]

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:

For first offense: $100.

For the second offense and each additional within a six-month period from the date of the previous offense, a fine of not less than $200 nor more than $500.

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.