Borough of Roseland, NJ
Essex County
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Table of Contents
Table of Contents
[Editor's Note: For shade tree regulations see Chapter 21, Shade Trees.]
[1973 Code § 13-1]
As used in this section:
APPLICANT
Any person who makes application for a permit.
BOROUGH
The Borough of Roseland, County of Essex.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
ENGINEER OR BOROUGH ENGINEER
The Borough Engineer of Roseland, or his duly accredited representative acting within the powers assigned him.
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill all the terms of these regulations.
STREET
shall mean and include a public street, public easement, public right-of-way, public highway, public alley, public way, or public road accepted or maintained by the Borough.
SUPERINTENDENT OF PUBLIC WORKS
shall mean and include the Assistant Superintendent of Public Works.
Editor's Note: See also Chapter VII, Traffic for street opening requirements.
[1973 Code § 13-2.1; New]
It shall be unlawful for any person to make any tunnel opening or excavation of any kind in or under the surface of any street of the Borough without first securing a permit from the Borough for each separate undertaking; provided, any public utility company maintaining pipes, lines, or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately, providing the permit could not reasonably and practically have been obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the Department of Public Works Office is open for business and the permit shall be retroactive to the date when the work was begun.
[1973 Code § 13-2.2]
No person to whom a permit has been granted shall perform any of the work authorized by the permit in any amount or quantity greater than that specified in the permit, except that upon the approval by the Engineer, or in his absence the Superintendent of Public Works or his designee, additional work may be done under the provisions of the permit in any amount not greater than ten (10%) percent of the amount specified in the permit. Any deposit and bond posted in connection with the original permit shall be deemed to cover additional work as may be approved pursuant to this section within the limit mentioned herein.
[1973 Code § 13-2.3]
Work for which a permit has been issued shall commence within ten (10) days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated. Permits thus terminated may be renewed upon the payment of an additional permit fee as originally required.
[1973 Code § 13-2.4]
Permits are not transferable from one person to another and the work shall not be made in any place other than the location specifically designated in the permit.
[1973 Code § 13-2.5]
Every permit shall expire at the end of the period of time which shall be set out in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the Engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the opinion of the Engineer or in his absence the Superintendent of Public Works or his designee, an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work.
[1973 Code § 13-2.6]
Any permit may be revoked by the Engineer, or in his absence the Superintendent of Public Works or his designee, after notice to the permittee, for:
a. 
Violations of any condition of the permit or of any provisions of these regulations.
b. 
Violation of any provision of any other applicable ordinance or law relating to the work.
c. 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others. A permittee may be granted a period of two (2) days from the date of the notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before the permit is revoked.
Written notice of any violation or condition shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified or by certified or registered United States mail addressed to the person to be notified.
When any permit has been revoked and the work authorized by the permit has not been completed, the Engineer, or in his absence the Superintendent of Public Works or his designee, shall do any work which may be necessary to restore the street or part thereof to as good a condition as before the opening was made. All expenses incurred by the Borough shall be recovered from the deposit or bond the permittee has made or filed with the Borough.
[1973 Code § 13-2.7]
All street openings required by utilities owned or operated by the Borough shall be made and restored under the direction and supervision of the Engineer, or in his absence the Superintendent of Public Works or his designee. The permit, fee, deposit, insurance and bond requirements shall not be applicable to any openings made by municipally owned or operated utilities.
Street openings, pavement cuts and pavement restoration for sanitary sewer and water service connection extensions, after obtaining the required utility permits from the Borough in addition to the street opening permit, shall be made by the applicant. Physical connections from the curbline to the utility main may be made by the applicant upon approval of the Engineer, or in his absence the Superintendent of Public Works or his designee.
[1973 Code § 13-2.8]
These regulations shall not be applicable in those instances where the highway is maintained by the State of New Jersey or by the County of Essex. In such cases, the regulations of the respective governmental bodies having jurisdiction shall govern.
[1973 Code § 13-2.8]
Every permit shall be granted subject to the rights of the Borough or of any other person entitled thereto to use the street for any purpose for which the street may lawfully be used, not inconsistent with the permit.
[1973 Code § 13-3.1]
It shall be the duty and responsibility of any applicant to:
a. 
Make a written application for a permit with the Engineer, or in his absence the Superintendent of Public Works or his designee, on such form as he shall prescribe. No work shall commence until the Engineer has approved the application and plan and issued a permit and until the permittee has paid and provided all fees, deposits, certificates and bonds required under these regulations.
b. 
Furnish in duplicate a plan showing the work to be performed under the permit. If approved by the Engineer, one (1) copy of the plans shall be returned to the applicant at the time the permit is granted.
c. 
Agree to save the Borough, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit. The acceptance of any permit under these regulations shall constitute an agreement by the applicant, whether the same is expressed or not.
[1973 Code § 13-3.2]
It shall be the duty and responsibility of any person receiving a permit to:
a. 
Pay a permit fee of twenty-five ($25.00) dollars.
b. 
Make a deposit to cover the cost of restoring the street damaged by such work. The amount of deposit shall be computed by the Engineer, as provided by Subsection 19-6.2. If the Borough does not restore pavement, the permittee must furnish a maintenance bond, as required by Subsection 19-7.1. Upon completion of restoration, the deposit, less any costs incurred by the Borough for repair or protection of the street opening, will be returned to the permittee.
c. 
Furnish a certificate of insurance, as required by § 19-8.
d. 
Present evidence that all materials, labor and equipment which are needed to complete the work as authorized by the permit are available.
e. 
Keep the original copy of the permit and an approved copy of the plan at all times while the work is in progress at the location for which the permit was granted and show the permit or plan upon demand by the Borough or police authorities.
[1973 Code § 13-4.1]
a. 
No opening or excavation in any street shall extend beyond the center line of the street before being backfilled and the surface of the street temporarily restored.
b. 
No more than two hundred fifty (250) feet measured longitudinally shall be opened in any street at any one (1) time.
c. 
All utility facilities shall be exposed sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation, if necessary.
d. 
Pipe drains, pipe culverts, or other facilities encountered shall be protected by the permittee.
e. 
Any facilities or utilities damaged by the permittee must be repaired by the permittee under the supervision of the interested person or make payment to that person to cover repairs made by the utility company or interested person.
f. 
Monuments of concrete, iron, or other lasting materials set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point or a permanent survey bench mark within the Borough shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the engineer. Permission shall be granted upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument.
g. 
When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage to the satisfaction of the Engineer.
h. 
When any earth, gravel or other excavated material is caused to roll, flow, or wash upon any street, the permittee shall cause the same to be removed from the street within eight (8) hours after deposit. In the event the earth, gravel or other excavated material so deposited is not removed, the Engineer, or in his absence the Superintendent of Public Works or his designee, shall cause the removal and the cost incurred shall be paid by the permittee or deducted from his deposit.
i. 
Every permittee shall place around the project any barriers, barricades, lights, warning flags and danger signs which shall be determined by the Engineer or police authorities for the protection of the public. Additional safety requirements may be prescribed by the Engineer or police authorities and, where applicable, shall be in conformance with the requirements set forth in the United States Department of Army, Corps of Engineers, publication: Safety Requirements (1941 edition, revised 1951).
Whenever any person fails to provide or maintain the safety devices required by the Engineer, such devices shall be installed and maintained by the Borough. The amount of the cost incurred shall be paid by the permittee or deducted from his deposit.
No person shall willfully move, remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of these regulations.
j. 
Access to private driveways shall be provided except during working hours when construction operations prohibit provisions of such access. Free access must be provided at all times to fire hydrants.
k. 
Excavated materials shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the Engineer may require the permittee to provide toe boards, or bins; and if the excavated area is muddy and causes inconvenience to pedestrians, temporary wooden plank walks shall be installed by the permittee as directed by the Engineer. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee shall keep a passageway of at least one-half (1/2) the sidewalk width open along such sidewalk line.
l. 
Work authorized by a permit shall be performed between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, unless the permittee obtains written consent from the Engineer to do the work at an earlier or later hour. Permission shall be granted only in case of an emergency.
m. 
In granting any permit, the Engineer may attach other conditions which may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. These conditions may include but shall not be limited to:
1. 
Limitations on the period of the year in which the work may be performed;
2. 
Restrictions as to the size and type of equipment;
3. 
Designation of routes upon which materials may be transported;
4. 
The place and manner of disposal of excavated materials;
5. 
Requirements as to the laying of dust, the cleaning of streets, the prevention of noise, and other results offensive or injurious to the neighborhood, the general public, or any portion thereof;
6. 
Regulations as to the use of streets in the course of the work.
[1973 Code § 13-4.2]
a. 
All pavement cuts, openings, and excavations shall be properly made, backfilled and temporarily surfaced by the permittee according to regulations and restrictions as set forth in § 19-5.
b. 
The engineer must be notified by the permittee during the twenty-four (24) hour period preceding beginning of backfilling of the date and approximate time at which backfilling shall begin.
c. 
No backfilling shall be accomplished unless or until the Engineer or a designated Borough inspector is present. Backfilling methods shall conform to restrictions as set forth in Subsection 19-5.2i.
d. 
The work of the restoration, including both paving surface and paving base may be performed by the permittee according to § 19-5.
e. 
After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence.
f. 
The Engineer shall make daily inspection of all work authorized by a permit. The Engineer is empowered to provide a full-time inspector if the work to be performed is of a nature that a full-time inspector is necessary to ensure compliance with the provisions of these regulations. The cost of the inspector shall be borne by the permittee.
g. 
If any settlement in a restored area occurs within a period of two (2) years from date of completion of the permanent restoration, any expense incurred by the Borough in correcting the settlement shall be paid by the permittee or recovered from his bond, unless the permittee submits proof satisfactory to the Engineer that the settlement was not due to defective backfilling.
h. 
In no case shall any opening made by a permittee be considered in the charge or care of the Borough or any of its officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any opening, except in the exercise of the police power, when it is necessary to protect life and property.
[1973 Code § 13-5]
No street, avenue, or road in the Borough shall hereafter be accepted as a public street or road unless and until the same shall have been improved in accordance with the minimum requirements contained in this section consisting of the excavation and grading of the street for its entire width, the laying of water mains with appurtenances and connections to the curbline to serve all lots, the construction of storm drains, catch basins, and appurtenances, the construction of curbs on both sides of any street, the paving of the roadway from curb to curb, the construction of sidewalks, the construction and installation of sanitary sewers, placing of monuments, erecting street signs, planting of shade trees, and Borough inspection.
[1973 Code § 13-5.2]
Each street shall be graded to its full width but not less than fifty (50) feet according to the following specifications:
a. 
Excavation. Excavation shall not be carried below grade, and backfill used to bring foundations of slabs, footing, pipe lines or pavements to proper grade shall be of concrete or other approved materials placed in such manner as approved by the Engineer.
b. 
Fill Material Placing. Fill shall be spread in six (6) inch layers using bulldozers, pans or road graders, and compacted by the rolling or vibrating method of compaction by one (1) of the following alternate types of equipment:
1. 
Smooth-faced power rollers, either solid surface or pad-type, weighing not less than ten (10) tons and having a load of not less than three hundred thirty (330) pounds per inch of width of roller surface.
2. 
Pneumatic tire wabble-wheel rollers having a load of not less than two hundred twenty-five (225) pounds per inch of width of tire surface.
3. 
Tamping type or sheepsfoot roller having projecting studs of not less than six and one-half (6 1/2) inches and developing a load of not less than two hundred (200) pounds per square inch of bearing surface.
Each layer shall be thoroughly compacted to the satisfaction of the Engineer before proceeding with the next layer.
c. 
Rock Excavation. Blasting operation shall be conducted in strict accordance with all existing ordinances. In all cases of blasting, the prepared blast shall be covered with blasting mats, logs with proper chains or cables or both as may be necessary. No blasting shall be done within five (5) feet of any gas or water main. Very light charges of explosives shall be used in the vicinity of sewers or other subsurface structures. All exposed structures shall be carefully protected from the effects of the blast.
d. 
Excavation Lines for Rock Excavations; Trenches. Depth shall be from the original surface of the rock to a point six (6) inches below the outside bottom of the barrel of the pipe, excluding bells. Depth will also be measured from the original surface of the rock to the outside bottom of all drains, conduits, or to the neat line of the bottom of all excavation for all broken stone, concrete or other foundation material ordered placed; width shall be vertical planes separated by a distance equal to the inside diameter of the pipe plus two (2) feet; widths for underdrains shall be two (2) feet, six (6) inches.
e. 
Roadway Excavation. Rock and boulders shall be excavated to a depth of not less than one (1) foot below roadway subgrade between outside edges of shoulders or curbs, and the space left thereby shall be refilled to subgrade level with material and in a manner satisfactory to the Engineer. Rock slopes shall be finished to a fairly uniform surface, and pieces of rock which have been loosened or may become loose, in the opinion of the Engineer, within the right-of-way lines, shall be removed. Earthslopes, shoulders and other formed surfaces shall have a neat finish. Roadway excavation shall be carried out so that the subgrade is kept well drained at all times.
f. 
Channel Excavation. The excavation shall be neatly finished as directed or approved by the Engineer. Suitable excavated materials shall be used for embankments. Flow of water from adjacent land into the channel or ditch shall not be obstructed.
g. 
Trench Excavation. Trenches for pipe shall not, unless specifically authorized by the Engineer, be opened for a distance of more than one hundred (100) feet in advance of the laying of the pipe and shall be opened in accordance with the lines and grades given for the work by the Engineer.
Trench widths greater than the outside diameter of the barrel of the pipe plus sixteen (16) inches shall not be permitted for the lower one-third (1/3) depth of the trench, unless, in the opinion of the Engineer, details and conditions of construction otherwise require.
Trenches shall be properly shored, braced and sheathed as conditions may warrant and as directed by the Engineer.
When the material of the bottom of an excavation is, in the opinion of the Engineer, soft or otherwise unsuitable, the material shall be removed to a width and depth as the Engineer may direct. Rock and boulders present in excavations for all pipes shall be removed within six (6) inches of the sides and bottom of the pipe. The space excavated below the grade of the structures shall be refilled with material of approved quality, thoroughly consolidated to provide a firm foundation for the structure, firm and unyielding, at the true grade, and shaped to conform to the shape of the subsurface structure, provided, that for vitrified clay and concrete pipe the foundation shall be firm but not rigid and shall provide a uniformly compacted bedding, six (6) inches thick, around the lower half of the pipe.
If, in the opinion of the Engineer, a sub-base is required, then the sub-base will conform to the requirements as set forth in Subsection 19-5.2h.
If, in the opinion of the Engineer, an underdrain is required, then the underdrain shall conform to the requirements of Subsection 19-5.4e.
Pavement cuts in street areas, paved drives or other paced areas will be made with a pavement cutter; maximum width of opening shall be four (4) feet.
All trenching within the pavement lines shall be precut prior to the excavation of the trench. After the trench has been thoroughly backfilled, all uneven pavement edges shall be trimmed to form neat and straight edges and shall extend six (6) inches on each side beyond the edges of the trench excavation to provide bearing for patch.
The material used to backfill all trenches within the lines of pavement shall be gravel, sand and gravel, one and one-half (1 1/2) inch road stone, dust bound one and one-half (1 1/2) inch cracked stone or other suitable material approved by the Engineer. The backfill material shall be placed and compacted in six (6) inch layers.
Excavation along or across County and State highways shall be in accordance with the regulations of those respective agencies.
h. 
Sub-Base. Unsuitable material for subgrade shall be excavated with the prescribed lines and the excavation shall be refilled with crushed stone, screen gravel or other materials.
Sub-base shall not be constructed during freezing weather or with frozen material. Sub-base of more than eight (8) inch compacted thickness shall be placed and compacted in two (2) or more courses of equal thickness and compacted as specified in Subsection 19-5.1b or by approved vibratory compactors or flat-faced mechanical tampers.
i. 
Backfill. Backfill shall follow immediately after sub-surface structure is in place and approved by the Engineer. Backfill of pipes shall be of selected materials, free of stones and shall be hand placed and thoroughly compacted in such manner as will completely fill the space below and around the pipe, taking care not to displace the pipe or injure the joints. The backfill shall be hand placed to a point two (2) feet above the top of the pipe.
All backfill more than two (2) feet above the top of pipes shall be backfilled as follows:
1. 
In undeveloped areas not subject to vehicular traffic the remaining backfill may be made with the use of approved mechanical backfillers, taking care not to place stones larger than six (6) inches in diameter into the excavation. Sufficient suitable backfill material shall be placed to avoid formation of depressions in the surface.
2. 
In developed area, streets and thoroughfares, the remaining backfill may be made with approved mechanical backfillers in layers twelve (12) inches thick and thoroughly compacted with approved mechanical or vibratory compactors, or the excavation may be backfilled with sand and gravel and compacted as above provided for.
Backfill on State and County roads shall be excavated in full accordance with the specifications of those agencies.
[1973 Code § 13-5.3]
Prior to the improving of the roadway, water mains with appurtenances and connections shall be laid in accordance with the provisions of all existing ordinances relating to the construction and laying of water mains in the Borough.
[1973 Code § 13-5.4]
There shall be constructed in each street storm sewers, catch basins and appurtenances in accordance with the following specifications:
a. 
Materials.
1. 
Nonreinforced concrete sewer pipe will not be permitted.
2. 
Reinforced concrete sewer pipe shall conform with the requirements of current A.S.T.M. Specifications Designation C-76 for Class III pipe of 4,500 pounds per square inch concrete.
3. 
Reinforced concrete pipe may be bell and spigot, or tongue and groove, as directed by the Engineer.
4. 
Corrugated metal pipe shall conform to the requirements of current Specifications Designation M-36-38 of the AASHO.
5. 
Concrete blocks for manholes and catch basins shall be solid precast segmented concrete masonry units conforming to the requirements of current A.S.T.M. Specifications Designation C139 for 5,000 pound concrete.
6. 
Steps shall conform to the current A.S.T.M. Specifications Designation A153 for zinc coating (hot dip) on iron and steel hardware. Approved aluminum steps may be used.
7. 
Manhole frames and covers shall conform to the requirements of current A.S.T.M. Specifications Designation A48-46 Class 20 for gray iron castings, and shall be Campbell Foundry, pattern No. 1203 or equal.
8. 
Catch basins shall be of the curb inlet type. The grate shall be of "Streamline" design, Pattern No. 2548, as manufactured by the Campbell Foundry Company of Harrison, or equal.
9. 
Mortar used in the construction of manholes and catch basins shall be of one (1) part cement and two (2) parts sand, with an approved waterproofing admixture. It shall be mixed with the least amount of water that will produce the desired consistency. Mortar must be mixed in an approved mixer or a suitable box or on an approved platform. No mortar shall be used that has been mixed more than one-half (1/2) hour or that shows evidence of having taken its original set. Tempering of mortar shall not be permitted.
b. 
Construction of Storm Sewers. Excavation for storm drains shall conform with the requirements of Subsection 19-3.2g.
Pipe shall be laid to the lines and grades as given by the Engineer and in such manner as to prevent sudden offsets of the flow line.
Each pipe shall be carefully inspected before being lowered into the trench; pipe found damaged, defective or not meeting the requirements of the specifications shall be rejected.
Pipe shall not be dropped from the bank, but shall be lowered into the trench by means of ropes or mechanical equipment. The trench shall be kept clear of water, and if necessary, shored to prevent slides or cave-ins.
All pipe shall be laid with bell end upgrade and so adjusted that the spigot end enters to the full depth of the socket. All adjustments to the line and grade of the pipes shall be made by scraping away or filling in the earth under the body of the pipes.
The trench bottom shall be carefully graded to provide the maximum bearing area throughout the entire length of the pipe. Care shall be taken not to excavate below grade. Material excavated below grade shall be replaced with broken stone or other material meeting the approval of the Engineer.
Backfill shall be in accordance with Subsection 19-5.2i.
Existing drains, when directed by the Engineer, shall be taken up without causing damage to the pipes, shall be cleaned, and shall be relaid, extended, or renewed in accordance with these specifications.
c. 
Storm Drain Manholes. Manholes shall be constructed of precast concrete block, reinforced concrete or precast reinforced concrete pipe.
Concrete for manhole foundations shall be Class B-4000 pound concrete.
Concrete blocks shall be clean and laid with flush joints in a full bed of mortar. Blocks shall be laid in courses with broken joints. All joints shall be pointed and left with a clean hard finish.
Inverts in manholes shall be formed by using half pipe, or by extending full pipe through limits of manhole chipping off the upper one-third (1/3) portion of the pipe after the concrete base has set. Angle and "t" intersection inverts shall be formed by using appropriate channels.
Manholes shall be plastered on the exterior with three-quarter (3/4) inch coat of Portland cement plaster to which a sufficient amount of liquid waterproofing compound has been added. The mortar coat shall be thoroughly cured and hardened before backfill is placed.
All manholes shall be neatly struck and shall give a workmanlike appearance.
Manholes of precast reinforced concrete pipe shall conform to the requirements of current A.S.T.M. Specifications Designation C478 and as approved by the Engineer.
No chimneys will be permitted in manholes. Where manholes are to be raised, batter courses must be broken back and rebuilt to proper grade.
Shallow manholes shall be constructed of reinforced concrete or as approved by the Engineer.
d. 
Catch Basins. Catch basins shall be constructed at the required locations, to the prescribed lines, grades, and dimensions as directed by the Engineer. Foundations shall be constructed of Class "C" concrete. Precast concrete catch basin blocks shall conform to Subsection 19-5.4a.
e. 
Underdrains. Underdrains shall be of the type and size specified and shall be constructed to the prescribed lines and grades at the locations ordered by the Engineer.
1. 
Materials.
Pipe shall be of the type and size specified and shall conform to the current A.S.T.M. specifications for same.
Salt hay shall be of good quality, satisfactory to the Engineer.
Stone and gravel shall be of the size specified, washed and clean.
2. 
Construction.
Excavation, laying of pipe and backfill shall conform to the requirements of Subsection 19-5.1.
Underdrain type "F" shall be of the type and size prescribed, laid with open joints in a trench and backfilled with stone or gravel to within six (6) inches of the finished grade. The stone shall be covered with a layer of salt hay, prior to placing final cover to grade.
Underdrain type "S" shall be stone or gravel of the size prescribed, placed in a trench of the size and depth prescribed. Backfill shall be as provided in Subsection 19-5.2i.
Underdrain for subsurface structures shall be pipe of the type and size specified laid with open joints on a foundation of six (6) inches of stone. The pipe shall then be covered completely with six (6) inches of stone, taking care not to disturb the pipe during placing of stone. Underdrains shall be laid so that the top of the barrel of the pipe is at least six (6) inches below the outside barrel of the main sewer or substructure.
f. 
Combination Storm Drain. Unless otherwise specified by the Engineer, combination storm drain shall be reinforced concrete pipe and shall be laid with open joints and stone fill.
The pipe shall be encircled with a minimum of six (6) inches of three-fourth (3/4) inch stone and carried up to subgrade. Trench depth to be fixed by the Engineer.
Under certain conditions it may be found necessary to seal the upper half of the joint. When this condition arises, the lower half of the joint shall be left open, and the upper half of the joint sealed with cement mortar on the outside, in accordance with Subsection 19-5.4a.
Storm drain under curb shall be reinforced concrete pipe installed directly beneath the curb, with a minimum cushion of six (6) inches and maximum of ten (10) inches, between the bottom of the concrete base of the curb and the top of the pipe.
[1973 Code § 13-5.5]
Curbs shall be constructed of either concrete or granite block in accordance with the following specifications:
a. 
Granite block curbs shall be of uniform quality, structure, and texture, and free from seams; the blocks shall be dressed so that all faces are approximately rectangular. Edges shall be straight and even. The dimensions of the blocks shall be as follows:
Not less than
Not more than
Length
10 inches
16 inches
Width
5 inches
7 inches
Depth
4 inches
6 inches
Blocks shall be clean and sound, with all edges parallel with and right angles to each other.
Mortar shall conform to Subsection 19-5.4a.
b. 
Excavation shall conform to the requirements of Subsection 19-5.2.
Granite block curbs shall be constructed by setting the blocks in Class C 3,000 pound concrete. Concrete shall be placed in forms set to proper line and grade. The blocks shall be set with the greatest dimensions vertical, and the least dimensions perpendicular to the line of the curb.
When the blocks are in final position the concrete shall be not less than six (6) inches in depth under the blocks for a width of not less than twelve (12) inches, and shall extend to within four (4) inches of the top of the blocks at which point the concrete shall be at least four (4) inches in width. The blocks shall be set with open joints one-half (1/2) to three-quarter (3/4) inch. Expansion joints shall be provided at intervals of fifty (50) feet.
The blocks shall be set with a batter of at least one (1) inch away from the face of the curbline.
After all forms and supports have been removed from the blocks and before backfill is made, the vertical joints between the blocks shall be filled with 1.2 cement mortar. All joints are to be raked and pointed to a half round nose in such a manner as to give a clean, sharp, finished appearance. The blocks are to be cleaned of all excess mortar so that the natural grain and color of the stone are restored.
Drainage openings, as directed by the Engineer, shall be provided through the curb.
Concrete shall not be placed while the temperature is at or below thirty-five (35) degrees Fahrenheit and no concrete shall be placed upon a sub-base that is frozen or otherwise unsatisfactory to the Engineer.
At driveway entrances, the top of the curb shall be lowered to a point of one and one-half (1 1/2) inches above the grade of the gutter.
c. 
Concrete curbs shall be constructed monolithically of four thousand (4,000) pound concrete. Except where otherwise specifically provided, concrete curbs shall be seven (7) inches at the top, nine (9) inches at the bottom, and twenty (20) inches in depth, with sloping side as curb face.
Forms for concrete curbs shall be metal, unless otherwise approved by the Engineer. The concrete shall be tamped and spaded or vibrated so that forms are completely filled, the concrete thoroughly compacted and mortar flushed to the face and top. Before initial set, the top and, as soon as the forms can be removed, the face shall be finished with a wood float to an even, smooth and dense surface.
Curbs shall be constructed in ten (10)-foot sections with a clear space of one-quarter (1/4) inch between adjacent sections. A pre-moulded joint filled shall be formed at intervals of fifty (50) feet.
[1973 Code § 13-5.6]
The roadway shall be paved for a minimum width of thirty (30) feet and shall conform to the following specifications:
a. 
Materials.
1. 
Stone shall be trap rock of the sizes specified conforming to the requirements of the New Jersey State Highway Department.
2. 
Bituminous binder, hot application shall be asphalt cement penetration grade 85-100 or 100-120 to tar grade RT-11 or RT-12 conforming to the current requirements of the New Jersey State Highway Department specifications.
3. 
Hot mixed bituminous concrete shall be FABC conforming to the specifications of the New Jersey State Highway Department for one (1) or two (2) course construction, as may be directed.
b. 
Construction.
1. 
Excavation shall be "roadway excavation" as provided for in Subsection 19-5.2e. The full width of the right-of-way shall be graded, banks shall be sloped away from the right-of-way line in such manner as to produce a slope not in excess of two to one (2:1).
2. 
Subgrade construction shall be done after all underlying drains and other subsurface structures have been placed and their trenches properly backfilled and consolidated. The subgrade shall not be prepared during freezing weather, or when it is unsuitable because of excessive moisture. The subgrade shall be formed to the required lines, grades and cross-sections. The subgrade shall be shaped and consolidated by rolling with a three-wheel power roller, weighing not less than three hundred (300) pounds per lineal inch of tread of the rear wheels, until it presents a firm and unyielding surface. Unstable places shall be excavated and refilled with suitable material and consolidated.
The finished subgrade shall be at the proper grade and contour, smooth and properly drained, and shall be so maintained until the pavement or pavement foundation is placed thereon.
Pavement mixtures shall not be deposited upon the subgrade until it is in a properly finished condition, and not wet or frozen.
3. 
Macadam base course shall be constructed of two and one-half (2 1/2) inch size stone spread over the prepared subgrade so that when consolidated as hereinafter specified there shall be uniform depth of not less than five (5) inches.
Compaction by rolling method shall be with three-wheel power rollers of not less than ten (10) ton weight.
Compaction by vibrating method shall be with vibratory compactors capable of operating at the optimum frequency of vibration required for the size of the compactor and the material being used to obtain a ninety-five (95%) percent compaction rate. Vibratory compaction shall be such that stones are keyed sufficiently to permit rolling with power roller.
As the rolling progresses, any irregularities in the surface of the base course shall be corrected by the addition or removal of aggregate where necessary and reshaping and rerolling.
After completion of shaping and rolling as above specified, screenings of stone sand shall then be spread over the surface by means of stone spreaders, sufficient in total quantity to completely fill the voids in the stone course. The screenings may be vibrated into the voids of the stone base or swept into voids with street brooms. More binder shall be spread, swept and rolled as many times as may be necessary, care being taken to form no crust. No rolling shall be done when this binder is wet. Binder shall not be dumped or stored on the stone base.
The finished base course shall be at the prescribed grade and contour of proper thickness and shall be free from excess binder, ruts and loose stones, and show no evidence of instability.
4. 
Hot mixed bituminous concrete surface course shall consist of the construction of type FA-BC-1 laid in one (1) course upon a prepared base course. Bituminous concrete plant and equipment, bituminous concrete pavers and bituminous concrete mixtures shall all conform to the current requirements of the New Jersey State Highway Department Specifications.
Bituminous concrete mixtures shall not be placed when the atmospheric temperature is below forty (40) degrees Fahrenheit; the surface of the base course of existing pavement shall be dry and free from frost.
Macadam base course shall be treated with a prime coat of MC-0 or 1, RT-1 or 2, or MS-1 applied at the rate of 0.10 to 0.25 gallons per square yard, not less than twelve (12) hours prior to the placing of the bituminous concrete and shall not be applied when base course is wet or frozen. Contact surfaces of curbing, manholes, catch basins and other structures shall be painted with a thin uniform coating of asphaltic oil grade RC-2 or 3, prior to placing of bituminous concrete mixture against them.
Binder course of plant mix bituminous concrete FABC-1 shall then be applied at the rate of two hundred five (205) pounds per square yard to a compacted thickness of two (2) inches.
Wearing surface of plant mix bituminous concrete FABC-1 shall then be applied at the rate of one hundred sixty-five (165) pounds per square yard to a compacted thickness of one and one-half (1 1/2) inches.
Methods of transportation, spreading, finishing and compaction of bituminous concrete mixtures shall conform to the current requirements of the New Jersey State Highway Department specifications.
[1973 Code § 13-5.7]
Sidewalks on both sides of the paved portion of the street or roadway shall be constructed to the following specifications.
a. 
Materials. Concrete materials shall conform to the requirements of the New Jersey Department of Transportation Specifications for Class "B" air entrained concrete.
b. 
Construction. Clean metal or wood forms shall be used and shall be properly set to the line and grade as shown on plans or as directed by the Engineer. Unless otherwise specified, the walk shall be constructed in twelve (12) foot sections with a one-half (1/2) inch thick premolded mastic strip for the full width and depth of the walk between adjacent sections, and a false joint with surface grooves at right angles to the line of the sidewalk every four (4) feet. Concrete walk shall be four (4) inches thick except through driveways, where the walk shall then be six (6) inches thick. Premolded mastic strips shall also be provided where the walk abuts curb or other existing structures.
After being placed the concrete shall be tamped, screened and finished to a true grade and even surface. The finish shall be worked with a wood float, followed by brushing with a wet soft hair brush to a neat and workmanlike surface. Exposed edges shall be neatly rounded off to a radius of one and one-half (1 1/2) inches. Concrete shall have a slump of three (3) to four and one-half (4 1/2) inches. Concrete walks shall be cured by means of an application of colorless curing compound, salt, hay, or waterproof paper and conforming with the requirements of the current New Jersey Department of Transportation specifications. No concrete shall be placed while the temperature is at or below forty (40) degrees Fahrenheit and no concrete shall be placed on wet, frozen or yielding subbase.
[1973 Code § 13-5.8]
Prior to the improvement of the roadway, sanitary sewers with appurtenances and connections shall be laid in accordance with the following specifications:
a. 
Materials. Sanitary sewers shall be constructed of:
1. 
Clay pipe, conforming to and meeting the requirements of the current standard specifications for full diameter extra strength clay pipe A.S.T.M. designation C200. The sewer pipe shall be of deep and wide socket, best quality salted glazed pipe of hub and spigot type and shall be furnished in lengths of not less than four (4) feet. The pipe shall be free from cracks or blister and shall give a clear ring when struck with a hammer. All pipe shall be of accurate and uniform dimensions, shall be straight, true to form and thickness, shall be truly circular in section and the ends shall be square to its axis. Each pipe shall be clearly marked with the name of the manufacturer and the symbol "ES".
2. 
Cast iron pipe for nonpressure gravity flows shall be bell and spigot with rubber gasket "Tyton Joint" as manufactured by the R.D. Wood Company, or equal.
Pipe for pressure flows shall be "mechanical joint" pipe.
3. 
Manhole steps shall conform to the current A.S.T.M. Specifications Designation A153 for zinc coating 'hot dip' on iron and steel hardware, approved aluminum steps will be permitted.
4. 
Manhole frames and covers shall conform to the requirements of current A.S.T.M. Specifications Designation A48-46 Class 20 for gray iron castings, and shall be Campbell Foundry, Pattern No. 1203 or equal, with "Roseland Sewer" embossed on covers.
b. 
Construction of Sanitary Sewer Pipe Lines. Excavation for sanitary sewers will be in accordance with Subsection 19-5.2g.
Trenches shall be de-watered and kept dry during pipe laying.
Construction of sanitary sewer pipe lines shall conform with Subsection 19-5.4b unless otherwise specified. Prior to laying of pipe, contractor shall furnish and set necessary cross planks and batter boards and line. Proper precautions shall be taken to keep pipes clean and contractor must install proper sewer plugs to seal off lines under construction. Drainage of water from trenches into pipes is not permitted. All pipe shall be laid to a true alignment and grade with bell ends upgrade. Final inspection between manholes shall show a clear uniform circle of pipe cross section throughout. Failure to comply with this requirement shall subject sewer line to rejection. Pipe shall not rest on shims, blocks or any other support that will raise the barrel of the pipe above the trench bottom.
All joints of asbestos, cement and tile sanitary sewers, in addition to proper joint material, shall be reinforced with a clay collar, formed of clean impervious approved clay covering the entire joint for a thickness of three (3) inches.
Pipe used for branch connections shall be extra strength cast iron pipe.
c. 
Backfilling. Backfilling shall not start prior to approval of the pipe and necessary measurements of the sewer taken by the Engineer or inspector.
Upon approval, the backfill may proceed as provided for in Subsection 19-5.2i, except that all sanitary sewers shall be backfilled with stone dust to a height of six (6) inches over the top of the pipe and six (6) inches on each side of the pipe.
Minimum cover of the sewer shall be four (4) feet over the top of the pipe, except as approved by the Borough Engineer. Reconstruction of pavement shall be in accordance with Subsection 19-5.6.
d. 
Pipe Foundation. On all locations where, in the opinion of the Engineer, the nature of the subsurface soil is such that a foundation is required for the sewer pipe, then the foundation shall be of crushed stone or gravel, as approved by the Engineer.
e. 
Pipe Encasement. Pipe lines shall be encased in four thousand (4,000) pound concrete at all locations where, in the opinion of the Engineer, the depth and width of the trench in which the pipe line is constructed will create a load upon the pipe in excess of the safe load which can be imposed without damage.
f. 
Manholes. Manholes shall be constructed of reinforced concrete or precast reinforced concrete pipe in accordance with the requirements of the current A.S.T.M. Specifications Designation C478 and as approved by the Engineer. Refer to Subsection 19-5.4c for manhole construction specifications.
g. 
Infiltration. Sanitary sewers which are part of the Roseland sewer system shall be subject to tests for infiltration and exfiltration in accordance with standard practices used in testing sanitary sewers. The limiting rate of infiltration for sanitary sewers which are part of the Roseland sewer system shall not exceed one hundred fifty (150) gallons per one (1) inch of diameter of sewer pipe per mile per twenty-four (24) hours.
[1973 Code § 13-6.1]
The deposit shall be five hundred ($500.00) dollars. The deposit shall be paid at the time the permit is received, and the deposit shall be used to reimburse the Borough for the cost of any work and materials furnished by it in connection with the work authorized by the permit, and for any other purpose set forth in these regulations.
[1973 Code § 13-6.2]
The deposit may be either in the form of a certified, treasurer's or cashier's check or in lawful money of the United States.
[1973 Code § 13-6.3]
If any deposit is less than sufficient to pay all costs, the permittee shall, upon demand, pay to the Borough an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency, the Borough may institute an action to recover the same in any court of competent jurisdiction. Until the deficiency is paid in full no additional permits shall be issued to the permittee.
[1973 Code § 13-6.4]
Whenever any public utility or authority shall anticipate more than one (1) street opening or excavation per calendar year, the utility or authority may post one (1) deposit, in an amount and form as provided above, for the calendar year, or part thereof, to cover the cost of any and all work.
[1973 Code § 13-6.5]
Upon notification by the permittee that all work authorized by the permit has been completed and after restoration of the opening, the Borough shall refund to the permittee his deposit, less all costs incurred by the Borough in connection with the permits. In no event shall the permit fee be refunded.
[1973 Code § 13-7.1]
Each applicant, upon the receipt of a permit, shall provide the Borough with an acceptable corporate surety bond conditioned for compliance with the street opening specifications of the Borough and the provisions of these regulations. The Engineer shall determine the amount of the bond and it shall be in relation to the cost of restoring the pavement cut to be made by the permittee; provided, the amount of the bond shall be five hundred ($500.00) dollars or ten (10%) percent of total cost (whichever is greater) of the restoration. The term of each bond shall begin from the completion date of the permanent restoration of the opening by the permittee and shall terminate after two (2) years from that date. If the permittee anticipates requesting more than one (1) permit a year, he may file a continuing corporate surety bond, conditioned for compliance with the specifications of the Borough and the provisions of these regulations, in such amount as the Engineer deems necessary. The amount of the bond shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year.
[1973 Code § 13-7.2]
Whenever the Borough shall find that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the principal and to the surety on the bond. Notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Borough to be reasonably necessary for the completion of the work.
[1973 Code § 13-7.3; New]
After receipt of notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, indemnify the Borough for the cost of doing the work as set forth in the notice.
The requirements of this section concerning deposits, bonds, and insurance shall not be applicable to any public utility as defined in N.J.S.A. 48:2-13 or an authority created pursuant to any act of the State legislature. In lieu thereof, any public utility or authority may file with the Borough its own bond in the penal sum of ten thousand ($10,000.00) dollars, running in favor of the Borough of Roseland and conditioned upon compliance with the applicable provisions of this section in respect to each street opening made by it in the Borough. The obligation of the bond shall be a continuing obligation to the full amount thereof with respect to each street opening.
[1973 Code § 13-8.1]
Each applicant, before the receipt of a permit, shall provide the Borough with an acceptable certificate of insurance indicating that he is insured against claims for damages for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether the performance is by the applicant, his subcontractor or anyone directly or indirectly employed by him and naming the Borough as one of the insured. The insurance shall cover collapse, explosive hazards and underground work by equipment on the street, and shall include protection against liability arising from completed operations. The amount of the insurance shall be prescribed by the Borough in accordance with the nature of the risk involved, provided, that the liability insurance for bodily injury in effect shall not be in an amount less than one million ($1,000,000.00) dollars for each person and for each accident and for property damages in an amount not less than one million ($1,000,000.00) dollars with an aggregate of two million ($2,000,000.00) dollars for all accidents. Public utilities and authorities may be relieved of the obligation of submitting such a certificate if they are insured in accordance with the requirements of these regulations.
[1973 Code § 13-8.2]
In lieu of filing a certificate of insurance, a public utility or authority may file with the Borough a copy of a self-insurer certificate issued by the Security-Responsibility Bureau of the Department of Law and Public Safety, Division of Motor Vehicles of the State of New Jersey, pursuant to N.J.S.A. 39:6-52.
[1973 Code § 13-9.1]
When the Borough shall improve or pave any street, the Superintendent of Public Works or Borough Engineer shall first give notice to all persons owning property abutting on the street about to be paved or improved, and to all public utilities and authorities operating in the Borough, and all persons, utilities and authorities shall make all connections, as well as any repairs thereto, which would necessitate excavation of the street within sixty (60) days from the giving of notice. The time shall be extended if permission is requested in writing and approved by the Borough.
[1973 Code § 13-9.2]
No permit shall be issued by the Superintendent of Public Works which would allow an excavation or opening in a paved and improved street surface less than three (3) years old unless the applicant can clearly demonstrate that public health or safety require that the proposed work be permitted or unless an emergency condition exists.
[1973 Code § 13-10]
Monuments shall be installed prior to the acceptance of the street in accordance with the standards prescribed in "The Map Filing Law P.L. 1960, Chapter 141" and any amendments or supplements thereto, N.J.S.A. 46:23-9.9 through N.J.S.A. 46:23-9.16.
[1973 Code § 13-11]
Permanent street signs of enameled metal of rustproof construction shall be erected at all street intersections. Street names shall be in white letters on a dark blue background and shall conform in design to signs now in use in the Borough. They shall be supported on galvanized iron pipe posts three (3) inches in diameter. The posts shall be twelve (12) feet long and shall set four (4) feet in the ground and eight (8) feet above the ground. The posts shall be painted rust resistant silver and metal frames that hold the sign shall be painted black. Sufficient concrete shall be used around the base of each post so that rigidity is assured.
[1973 Code § 13-13]
All construction work shall be subject to the inspection of the Borough Engineer and to such inspectors as the Borough Council may appoint for the purpose. If the improvements are made by a developer, the developer shall be required to pay the Borough such amounts as the Borough may be required to expend for inspection fees at prevailing rates per diem. Any and all materials found to be unsatisfactory or showing faults when tested in a reputable engineering laboratory to be designated by the Borough Council shall be removed and not used in such construction. All construction work shall be performed during normal daily working hours and no holiday, Saturday or Sunday construction shall be permitted unless authorized by the Borough Engineer.
[1973 Code § 13-14.1]
Any person owning any house or other building or vacant lot, fronting on any street in the Borough shall, at his expense, well and sufficiently maintain in good repair, the sidewalk thereof in accordance with this section.
[1973 Code § 13-14.2]
Upon the failure of any owner to maintain the sidewalk, the Superintendent of Public Works or his duly authorized representative shall serve, according to law, a notice upon the owner describing the property affected, and the improvement for repairs required and stating the intention of the Borough to cause improvement or repairs to be made within forty-five (45) days after the service of the notice in the event that the owner shall fail to do so.
[1973 Code § 13-14.3]
If, after service of any notice as provided for in the preceding sections, the owner of any lands affected thereby shall neglect to make the improvements directed by the notice, the Superintendent of Public Works shall cause the improvements to be made and shall certify the cost of the same to the Borough Treasurer who shall impose, collect and enforce such sidewalk assessment as provided for by law.
[1973 Code § 13-14.4; Ord. No. 13-2004]
No person shall construct, remove, repair, replace, reset or alter the sidewalk, curb or gutter or cause the construction, removal, repair, replacement, resetting or altering of the sidewalk, curb or gutter of any public street in the Borough, nor store thereon construction materials, debris or other materials without the written permit of the Superintendent of Public Works or his authorized representative. The person applying for a permit shall pay a fee for each permit. Initially, the fee for such permits shall be five ($5.00) dollars, which may be adjusted annually by resolution. All permits obtained pursuant to this section shall be valid for one (1) calendar year from the date of issuance.
[1973 Code § 13-14.5]
All sidewalk construction and repair shall be in accordance with requirements as set forth in § 19-5.
Alterations, restorations and repair of the sidewalk shall be made of and with the same material as the existing sidewalk.
New sidewalks shall be constructed of and with the same materials as exist on either side of the premises wherein the sidewalk is to be constructed with the approval of the Superintendent of Public Works.
[1973 Code § 13-14.6]
The Borough of Roseland shall assert its power of eminent domain to acquire a sidewalk easement over a portion of the property described as 197 Eagle Rock Avenue, Block 30 of Lot 33 in the Borough of Roseland, New Jersey being more particularly described as being located at the intersection of Eagle Rock Avenue and Livingston Avenue, triangular in shape with a frontage depth on the north side of 21.26 feet, a depth on the east side of 17.27 feet and a depth of 20.78 feet across the rear containing approximately two hundred twenty-one (221) square feet.
[1973 Code § 13-15.1]
Before acceptance of any street, a formal request shall be made of the Mayor and Council and filed with the Borough Clerk. The request to accept the street shall include a map giving all the details in connection therewith and must be accompanied by a certificate from the Borough Engineer that a street has been constructed in accordance with the specifications provided for in this chapter. Accompanying the request to accept shall also be a surety bond of at least two (2) years duration, guaranteeing for a period of two (2) years after acceptance the street against any defective workmanship of the street and all improvements therein and in an amount not less than ten (10%) percent of the cost of the improvements as determined by the Borough Engineer.
[1973 Code § 13-15.2]
No street shall be deemed or construed as having been dedicated to and accepted by the Borough, nor shall any street be lighted, improved or maintained at the public expense unless and until an ordinance or resolution shall have been adopted by the Borough Council formally accepting the dedication thereof.
[1973 Code § 13-15.3]
All new streets, wherever laid out, shall conform with all requirements as to design, street width, roadway width, sidewalk space and standards prescribed in § 19-5.
[1973 Code § 13-15.4]
Engineer's drawings of a typical street intersection, typical section for road construction, granite block curb detail, storm drain inlet detail, storm drain manhole detail, and combination storm drain are on file in the office of the Borough Engineer and incorporated by reference herein.
[1973 Code §§ 13-17.1 through 13-17.6; amended 3-27-2018 by Ord. No. 2-2018; 12-11-2018 by Ord. No. 16-2018; 6-16-2020 by Ord. No. 12-2020]
The following definitions shall apply to this § 19-16:
CURB
The stone or concrete edging to a street or path.
HOMEOWNERS' ASSOCIATION
The Homeowners' Association of Holmehill.
ICE REMOVAL
The collection and removal of ice from the street.
MAINTENANCE
Pothole repair and catch basin repair within a street.
MILLING AND PAVING
Removal of existing asphalt surfacing prior to adding a new layer of asphalt, and may include excavation, replacement, or supplementation of road subgrade materials.
PARKING LOT
An area, usually divided into individual spaces, intended for parking motor vehicles and that generally has head-on parking available.
PUMP STATION
A pump station privately owned by a Qualified Private Condominium Association or Homeowners' Association.
QUALIFIED PRIVATE CONDOMINIUM ASSOCIATION
Residential communities organized under New Jersey's Condominium Act, N.J.S.A. 46:8B-1 et seq., located within the Borough of Roseland, including the developments known as Stone Gate at Roseland, Eagle Rock, Roseland Glen, Roseland Green, and Paradise Place.
REALIGNMENT
Changing the position of the physical elements of the Street or changing the geometric design of the Street.
ROAD
Shall have the same meaning as "Street."
SALTING
The mechanical application of road salts, such as chloride salts of sodium, calcium, magnesium, or potassium and/or brine solutions, or other common chemicals used to control snow and ice in order to make winter driving safer and more efficient.
SANITARY SEWER MAIN COLLECTION LINES
Includes individual house connections.
SITE PLAN
An architectural plan, landscape architecture document, and a detailed engineering drawing of proposed improvements to a given lot. A site plan usually shows the building footprint, streets, parking areas, drainage facilities, sanitary sewer lines, water lines, trails, lighting, and landscaping and garden elements. An approved Site Plan is one that has been submitted and approved by either the Planning Board of the Borough of Roseland or the Zoning Board of Adjustment for the Borough of Roseland.
SNOW PLOWING
Plowing of snow from the Street.
SNOW REMOVAL
The collection and removal of snow from the Street.
STREET
A private street, avenue, road, alley, lane, highway, or boulevard within a Qualified Private Condominium Association or Homeowners' Association, but shall not include any private crosswalk, culvert, driveway, parking lot, retention basin, or sidewalk as shown on the Approved Site Plan submitted for the Qualified Private Condominium Association or Homeowners' Association.
STREET SIGN
Traffic signs or road signs that are erected at the side of or above roads to give instructions or provide information to street users.
WATER MAINS
Shall not include individual house connections.
a. 
The Borough of Roseland in its sole discretion shall provide maintenance and milling and paving of the Streets of any Qualified Private Condominium Association provided that as a condition precedent to the Borough of Roseland having any obligation to perform any such act the specific Qualified Private Condominium Association must comply with all the terms and conditions of § 19:16.2e. The Borough of Roseland's work related to milling and paving shall be in accordance with the Site Plan approved for the Qualified Private Condominium Association. The Borough of Roseland shall not have any obligation to install speed bumps or any other improvements or other devices that have been subsequently installed on any Street within a Qualified Private Condominium Association.
b. 
The Borough of Roseland in its sole discretion shall also agree to mill and pave the following Parking Lots within the Qualified Private Condominium Associations: i) Mulford Court, ii) Leonard Terrace, and iii) Artho Lane. The Borough of Roseland's work related to milling and paving in these areas shall be in accordance with the approved Site Plans. The Borough of Roseland shall not have any obligation to install speed bumps or any other improvements or other devices that have been subsequently installed within these areas of the Qualified Private Condominium Associations.
c. 
The Borough of Roseland in its sole discretion shall provide maintenance, salting, snow plowing, and milling and paving of the Streets of the Homeowners' Association provided that as a condition precedent to the Borough of Roseland having any obligation to perform any such act the Homeowners' Association must comply with all the terms and conditions of § 19:16.2e. The Borough of Roseland's work related to milling and paving shall be in accordance with the Site Plan approved for the Homeowners' Association. The Borough of Roseland shall not have any obligation to install speed bumps or any other improvements or other devices that have been subsequently installed on any Street within the Homeowners' Association.
d. 
The Borough of Roseland shall not and shall have no obligation to perform any ice removal, snow removal or realignment of any Street of any Qualified Private Condominium Associations or Homeowners' Association, and shall not and shall have no obligation to perform any activity with respect to any private crosswalk, culvert, driveway, Parking Lot, culvert, retention basin, or sidewalk as shown on the approved Site Plan for any Qualified Private Condominium Association and/or Homeowners' Association.
e. 
At the time that any Street within a Qualified Private Condominium Association or Homeowners' Association is milled and paved, the Qualified Private Condominium Association or Homeowners' Association shall be responsible for simultaneously milling and paving any adjoining or similarly located Parking Lot.
f. 
The Borough of Roseland shall not and shall have no obligation to repair any curb within any Qualified Private Condominium Associations or Homeowners' Association unless such curb was damaged while the Borough of Roseland was milling and paving a Street within any Qualified Private Condominium Association or Homeowners' Association. Further, the Borough of Roseland shall not and shall have no obligation to replace or repair any street sign within any Qualified Private Condominium Association or Homeowners' Association even if removed or damaged in the course of the work performed by the Borough of Roseland.
g. 
The Borough of Roseland shall perform all work referenced in § 19-16.2a in the same manner and timeliness as public Streets.
h. 
The Borough of Roseland shall have no obligation to widen any Street or roadway of any Qualified Private Condominium Association or Homeowners' Association.
i. 
As a prerequisite to the Borough of Roseland having any obligation to perform any work referenced within § 19-6.2a the specific Qualified Private Condominium Association or Homeowners' Association shall execute a contract with the Borough of Roseland in a form to be approved by the Borough Attorney. Said contract shall at a minimum:
1. 
Require the Qualified Private Condominium Association and Homeowners' Association to authorize and request the Borough of Roseland perform the work set forth in § 19-16.2a that shall be specifically designated and set forth therein;
2. 
Require the specific Qualified Condominium Association and Homeowners' Association to warrant and provide proof to the Borough of Roseland that it obtained in accordance with its rules and regulations, bylaws, Master Deed or other laws, rules or regulations, the consent and authority of its membership to enter into the contract with and to permit the Borough of Roseland to perform the work;
3. 
Require the specific Qualified Private Condominium Association and Homeowners' Association to indemnify and hold harmless the Borough of Roseland from any and all claims related to the work set forth in § 19:6-2a, including but not limited to any and all claims arising out of the Borough of Roseland's negligence;
4. 
Require the specific Qualified Private Condominium Association and Homeowners' Association to obtain primary, commercial general liability insurance listing the Borough of Roseland as a named insured with coverage of at least $1,000,000 for each occurrence and $2,000,000 in the aggregate that shall provide for 30 days' written notice to the Borough of Roseland of any cancellation thereof; and
5. 
Require the Qualified Private Condominium Association and Homeowners' Association to provide the Clerk of the Borough of Roseland with proof of insurance coverage conforming to this subsection prior to the Borough of Roseland having any obligation to begin any work.
The Borough of Roseland performing any act with respect to this § 19-16.2a and b shall not constitute the Borough of Roseland's acceptance of any Street or Road of any Qualified Private Condominium Association or Homeowners' Association. Every Street and Road of a Qualified Private Condominium Association and Homeowners' Association shall remain private.
a. 
The Borough of Roseland shall accept and maintain any Pump Station, Sanitary Sewer and Water Mains of any Qualified Private Condominium Association and Homeowners' Association provided that as a condition precedent thereto:
1. 
The Qualified Private Condominium Association and Homeowners' Association conveys to the Borough of Roseland through a Quitclaim Deed the ownership of the pump station, sanitary sewer main collection lines, and water mains, including the real property and any improvements related thereto:
2. 
The Qualified Private Condominium Association and Homeowners' Association warrants and provides proof to the Borough of Roseland that it obtained in accordance with its rules and regulations, bylaws, Master Deed or other laws, rules or regulations, the consent and authority of its membership to convey the Quitclaim Deed to permit the Borough of Roseland to take over ownership of the Pump Station, Sanitary Sewer Main Collection Lines, and Water Mains, and the real property upon which it is located; and
3. 
The Qualified Private Condominium Association and Homeowners' Association conveys to the Borough of Roseland all appropriate easements required by the Borough of Roseland in its sole discretion to provide the Borough of Roseland with access to the Pump Station, Sanitary Sewer Main Collection Lines, and Water Mains and records said easement(s).
b. 
Exceptions. Sanitary Sewer Lines and Water Mains shall not include house connections for water and sewer.
Except as otherwise provided for in Subsection 19-6.2a or b the Borough of Roseland shall have no obligation to provide any maintenance or repairs, realignment or widening, snow or ice removal, or to perform any snowplowing or salting with respect to any private street or road, parking lot or driveway or other private property.
[1973 Code § 13-18]
The Borough Council may, by resolution adopted by a majority of the members present and voting at any meeting, name or change the name of any Borough street, whether public or private.
[1]
Editor's Note: See also Chapter XI, Property Maintenance.
[1973 Code § 4-5.1]
The owner, occupant or person having charge of each and every dwelling, house, store or other building or lot of ground, and in the case where a building is occupied solely or partially as a dwelling house by one (1) or more families, then also the occupant of the first floor or story thereof in front of that part of the first floor, and the occupant or occupants of the second floor, as to the balance of the sidewalk, each shall, within the first twelve (12) hours after each fall of snow or hail, or after the formation of any ice upon any improved sidewalk, cause it to be removed entirely from the improved sidewalk opposite the entire frontage of the dwelling, house, store, building, lot or lands or opposite that part of the building as aforesaid.
[1973 Code § 4-5.2]
The owner, occupant or person having charge of each and every dwelling, house, store or other building or lot or ground, and in the case where a building is occupied solely or partially as a dwelling house by one (1) or more families, then also the occupant or occupants of the first floor or story thereof in front of that part of the first floor, and the occupant of the second floor, as to the balance of the sidewalk, each shall remove all grass, weeds or litter from the entire width of any improved sidewalk and also keep all grass or other vegetation growing in the space between the improved sidewalk and the curb, or where no improved sidewalk exists, the area between the curb and the property line, properly trimmed.
[1973 Code § 4-5.3]
No person shall throw, dump, spill or cast or permit or cause to be thrown, dumped, spilled or cast snow or ice upon or in any part of the street previously cleared of snow or ice by the snow removal equipment of the Borough or of its duly authorized agents.
[1973 Code § 4-5.4]
In each and every case where the party charged with the duty to remove snow, hail, ice, grass, weeds, or litter, as hereinbefore set forth, shall fail to comply with the requirements of this section, the Borough may, in addition to the imposition of the penalty which may be imposed for the violation of this section, and upon reasonable notice to the person so charged, cause the snow, hail, ice, grass, weeds or litter to be forthwith removed or trimmed by or under the direction of the Construction Official, who shall certify the cost thereof to the Borough Council, which shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against lands abutting or bordering the sidewalk. The amount so charged shall forthwith become a lien upon the land and shall be added to and become a part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced in the same manner as taxes.
[Ord. No. 2-2000 § 1; Ord. No. 9-2000 § 1]
When the Borough Engineer determines that any brush, hedge, tree, plant life, landscaping or any other obstruction interferes with the site distances set forth in the Borough of Roseland Land Development Chapter, he may require the owner, occupant or person having charge of each and every dwelling, house, store or other building or lot or ground, and in the case where buildings are occupied solely or partially as a dwelling house by one (1) or more families, then also the occupant of the first floor to remove all obstructions and cut all brush, hedges, plant life or any other obstruction, to a height of not more than thirty (30) inches above the level of the pavement at the center point of the street opposite the point in question within fifty (50) feet of the intersection formed by the projections of the two (2) street sidelines at the corner. If the responsible person fails to do so after ten (10) days written notice, the responsible person shall be subject to a fine not to exceed the sum of twenty-five ($25.00) dollars for the first violation, fifty ($50.00) dollars for the second violation and one hundred ($100.00) dollars for each subsequent violation thereof. This subsection shall be enforced by the Zoning Officer.
[Ord. No. 3-2010 § I]
The purpose of this section is to require the retrofitting of existing storm 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 sewer system(s) operated by the Borough of Roseland so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 3-2010 § II]
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 section 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 STORM 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 Roseland 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.
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
shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 3-2010 § III]
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:
a. 
Already meets the design standard below to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in Subsection 19-19.4 below prior to the completion of the project.
[Ord. No. 3-2010 § IV]
Storm drain inlets identified in Subsection 19-19.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 19-19.4c below.
a. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain water body under that grate:
1. 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter. 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines April 1996; or
2. 
A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
b. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two (2) or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.
c. 
This standard does not apply:
1. 
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2. 
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(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.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one (1) inch spacing between the bars; or
4. 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. No. 3-2010 § V]
This section shall be enforced by the Roseland Police Department and/or other municipal officials as so designated by the Mayor and Council of the Borough of Roseland.
[Ord. No. 3-2010 § VI]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed two thousand ($2,000.00) dollars for each storm drain inlet that is not retrofitted to meet the design standard.
[Ord. No. 16-2000]
a. 
The Borough of Roseland shall assume the maintenance and repairs of the roadways in the condominium development known as The Eagle Rock, which are known as follows:
Kent Drive; Mulford Court; Harkey Court; Clements Court; Conklin Court; DePaolo Court and Meeker Court.
b. 
The roads shall not be dedicated to the Borough of Roseland but shall remain private. Roseland shall not provide snow removal but shall continue its obligations pursuant to the Condominium Services Act, N.J.S.A. 40:67-23.5.
[Ord. No. 19-2000; Ord. No. 35-2000]
a. 
The Borough of Roseland shall assume the maintenance and repairs of the roadways in the condominium development known as Roseland Glen, which are known as follows:
Leonard Terrace, Ebersbach Lane, Bartlett Court and Varick Way.
b. 
The roads shall not be dedicated to the Borough of Roseland but shall remain private. Roseland shall not provide snow removal but shall continue its obligations pursuant to the Condominium Services Act, N.J.S.A. 40:67-23.5.
[Ord. No. 36-2000]
a. 
The Borough of Roseland shall assume the maintenance and repairs of the roadway in the condominium development known as Paradise Place.
b. 
The road shall not be dedicated to the Borough of Roseland but shall remain private. Roseland shall not provide snow removal but shall continue its obligations pursuant to the Condominium Services Act, N.J.S.A. 40:67-23.5.
[Added 9-17-2019 by Ord. No. 23-2019]
No portable or in-place private basketball hoop system may be temporarily or permanently placed within or so as to obstruct the public right-of-way. Such private systems may not be placed on public streets or sidewalks, at the edge of curblines so as to encroach or overhang public streets nor where vehicles may be parked on public streets and public parking lots.
A notice to remove shall be provided to such persons owning or responsible for such basketball hoop systems that are impermissibly located within the public right-of-way. There shall be a presumption that the person(s) who have violated this provision are those who control the private property on which the system is situated, or if the system is in a public right-of-way, those who control the private property closest to the system. The notice shall be attached to and/or placed at the front door of the private property, together with a copy of this section. Persons owning or responsible for such systems shall remove the equipment from the impermissible location within five days of the date of the notice, which date may be adjusted in the event an issue arises regarding identification of the owner. Such systems remaining in an impermissible location after the passing of the notice period shall be subject to forcible relocation and/or impoundment.
The Police Department and the Department of Public Works shall enforce the provisions of this section.
Any person violating the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5. A separate administrative fee of $150 shall be paid to the Borough in order to retrieve any impounded basketball hoop system.