[Ord. No. 91-10 A I]
a.
No person, firm or corporation shall excavate, open, dig in or upon,
or otherwise disturb the surface, soils, or materials of any public
street, avenue, highway, road, alley, easement, right-of-way, or sidewalk
or other public place in the Borough of Allenhurst, County of Monmouth,
for the purpose of laying, installing, replacing or repairing water,
gas and sewer pipes and mains or other utility installations, or for
the purposes of replacing any sidewalks or curbs, or for any other
purpose whatsoever, without obtaining a permit to do so from the Borough
Clerk or his duly designated representative. A permit shall be issued
to the applicant after he has complied with the following:
1.
Execution and delivery of a complete written application to the Borough Clerk, on a form to be furnished for that purpose, which shall contain the name and address of the person, firm or corporation making the application and the signature of the applicant or a duly authorized agent; the name and address of the contractor; the specific location of the proposed work; the type of work to be done; the width, length and depth thereof; the type of road or other surface; the proposed date of opening and date of restoration of the site; and the owner of the property for whose benefit the excavation is to be made. The application shall be accompanied by scaled drawings of the proposed work and specifications which indicate the location and details of the work. The application shall also be accompanied by a nonrefundable fee for the issuance of the permit as hereinafter provided in subsection 18-1.8;
2.
The Borough Clerk shall 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 Allenhurst, Permit No. … Expires…" and in
the first blank space there shall be inserted the number of said permit
and after the word "expires" shall be stated the date when said 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 not covered by such permit, or to misrepresent
the number of the permit or the date of expiration of the permit;
4.
No opening and excavation of any public streets, avenues, highways, roads, easements and rights-of-way will be allowed to begin, nor will construction of any project be allowed to continue during the period between July 4th and Labor Day, except as may be deemed an emergency as hereinafter provided in subsection 18-1.3.
[Ord. No. 91-10 A II]
a.
Once the applicant is issued a permit, it shall be the obligation
of the permittee to:
1.
Properly guard every excavation by erecting and maintaining barricades
on all sides of the excavation at all times; posting warning signs
during the day; and placing lights around the excavation from one-half
(1/2) hour before sunset until one-half (1/2) hour after sunrise.
In addition, the permittee shall erect and maintain such signs, lights,
barricades and other protective devices in accordance with details
of the most current editions of the New Jersey Department of Transportation
(NJDOT) Standard Specifications and the Manual of Uniform Traffic
Control Devices (MUTCD) as may be necessary for the public safety
and as may be required by the Borough Police Department;
2.
Avoid unnecessary interference with the public use of the right-of-way
in question and perform all work so as to accommodate, to the greatest
extent possible, a normal flow of traffic. If the excavation extends
the full width of the street, avenue, highway, etc., only one-half
(1/2) of the road shall be opened and this shall be backfilled before
the other half (1/2) is opened to permit the free flow of traffic
at all times;
3.
Maintain all streets and other property affected by the project on
a continuing basis in a clean condition, free from all rubbish, dust,
excess earth, rubble and other debris;
4.
Assume full liability, defend, indemnify, and hold harmless the Borough,
its officers, appointed officials, consultants, servants, and employees
from and against any and all cost, loss, injury, or damage resulting
from any negligence or fault of the permittee, his agents, employees,
contractors and consultants in connection with the activities covered
by the permit. The permittee shall furnish appropriate liability insurance
covering the project to defend, indemnify and hold harmless the Borough
and such persons listed above, in a sum not less than one million
($1,000,000.00) dollars for each claim arising directly or indirectly
out of permittee's activity. The permittee shall also furnish
excess liability insurance for this undertaking to defend, indemnify
and hold harmless the Borough and such persons listed above, in such
sum as permittee may usually carry, but, in the case of utility providers,
not less than five million ($5,000,000.00) dollars for personal injury
and one and one-half million ($1,500,000.00) dollars for property
damage.
Permittee's contractor or subcontractor, when work is not
performed by permittee's personnel, shall, as a minimum, furnish
comprehensive general public liability insurance for all risks entailed
in the project or not less than one million ($1,000,000.00) dollars
per claimant for personal injury and not less than five hundred thousand
($500,000.00) dollars for property damage per occurrence.
The permittee's obligations herein to defend, indemnify,
and hold harmless shall not be conditioned upon the availability or
viability of any insurance coverage, but shall be absolute, unconditional
and unlimited.
All persons providing labor on the site of the permitted activity
shall furnish proof of worker's compensation coverage prior to
commencement of work. All insurance required to be furnished shall
be evidenced by issuance of certificate(s) of insurance with companies
acceptable to the Borough and shall, as to liability coverage, specifically
refer to the obligations assumed by the permittee in reference to
the project which is the subject of the application.
The Borough shall, upon request, be furnished a "memorandum"
copy of the complete policies and all endorsements. The Borough, upon
its request, shall be named as "an additional insured as its interest
may appear." No certificate will be accepted unless it provides for
at least thirty (30) days prior written notice by certified mail,
return receipt requested, to the Borough before the effective date
of cancellation, for any reason, or of expiration of the policy.
A public utility corporation, or municipal corporation, during the period while such bond required by subsection 18-1.10 is in full force and effect, may, in lieu of filing a certificate of insurance for bodily injury and property damage in the amounts as set forth in this section, file with the Borough Clerk, or his designated representative, a certificate certifying that it is a self-insurer and exempt from the necessity of obtaining an insurance policy pursuant to the provisions of the statutes of the State of New Jersey, and that the Borough of Allenhurst is completely indemnified thereby;
5.
Assume responsibility for notifying all utility companies or other
jurisdictional authorities which may have underground facilities in
the project area and which may be affected by the proposed work, and
shall further be fully responsible to secure mark-outs of the underground
facilities, all in advance of any construction;
6.
Assume responsibility for securing all other necessary permits from
regulatory agencies including, but not limited to, Soil Erosion Permit
from Soil Conservation Service, Dewatering Permit from the New Jersey
Department of Environmental Protection, etc. The Borough shall have
no liability for applicant's failure to obtain other permits
or to comply with the provisions of any other regulatory authority
of any nature whatsoever. Any interruption of the project by order
of the Borough or any other authority shall not extend the time for
completion as set forth in the permit.
[Ord. #91-10, A III]
In case of an emergency which would immediately endanger health,
safety, welfare, or property, an emergency permit may be issued by
the Police Department of the Borough of Allenhurst; thereafter, a
written application in accordance with the provisions of this section
shall be submitted within 48 hours after the emergency work has been
commenced.
[Ord. No. 91-10 A IV; Ord. No. 2017-10]
a.
No opening shall be commenced on a Saturday, Sunday or holiday except
in case of emergency.
b.
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.
c.
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 manual or mechanical means. Layers that are hand
tamped shall not exceed three (3) inches in thickness; layers that
are power tamped shall not exceed six (6) inches in thickness. This
same requirement shall apply in all areas not within, or within five
(5) feet of, any pavements 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
Engineer so as to provide a density comparable to that existing in
the undisturbed ground adjacent to the excavation.
d.
Whenever any excavation for the laying of pipe is made through rock,
the 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, noncorrosive soil or one-quarter
(1/4) inch minus gravel. Broken pavement, large stones, and debris
shall not be used in the backfill. Where, in the opinion of the Borough
Engineer, excavated material is unsuitable for use as backfill, the
contractor shall supply other pervious material to be used for backfill.
e.
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.
f.
The permittee shall restore the surface of all streets, broken into
or damaged as a result of the excavation work, to its original condition
in accordance with the specification of the Borough Engineer. Permanent
restoration of any and all openings shall be as specified below and
will require milling and a one and one-half (1 1/2) inches thick
minimum of covering, one-half width of the remaining cartway, from
the centerline to the curb or to the limit of the furthest trench
opening to the curb, whichever is greater.
The minimum permitted permanent repairs shall, in the opinion
of the Engineer, be equivalent to:
1.
In streets surfaced with cement concrete - replacement of an equivalent
concrete pavement;
2.
In streets surfaced with bituminous concrete - construction of a
hot-mixed bituminous stabilized base, six (6) inches thick and a hot-mixed
bituminous concrete surface course, one and one-half (1 1/2)
inches thick. All pavement edges to be cut and neatly matched - no
overlaying existing pavements will be permitted;
3.
In streets surfaced with a bituminous surface treatment - construction
of a hot-mixed bituminous stabilized base, four (4) inches thick and
a hot-mixed bituminous concrete surface course, one and one-half (1 1/2)
inches thick. All pavement edges to be cut and neatly matched - no
overlaying existing pavements will be permitted;
4.
In streets of lesser construction - as approved by the Borough Engineer
at time of issuance of permit. If the particular existing street pavements
exceed these criteria, higher type repairs may be required.
All materials and workmanship to be in accordance with the NJDOT
standard specifications. 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 bituminous mixture which is
suitable to maintain the opening in good condition until permanent
restoration can be made.
The crown of any 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. The asphalt which is used shall be in accordance
with the specifications of the Borough Engineer. If in the judgment
of the Borough Engineer 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 may direct the permittee to lay a temporary
pavement of steel plate or other suitable materials designated by
him over such cut or excavation to remain until such time as the repair
of the original pavement may be properly made.
Permanent restoration of the street shall be made by the permittee
in strict accordance with the specifications prescribed by the Borough
Engineer to restore the street to its original and proper condition,
or as near as may be. Permanent restoration of any and all openings
will require a minimum of covering as indicated in this paragraph
18-1.4f.
Acceptance or approval of any excavation work by the Borough
Engineer shall not prevent the Borough from asserting a claim against
the permittee and his or its surety under the surety bond required
hereunder for incomplete or defective work if discovered within twenty-four
(24) months from the completion of the excavation work. The Borough
Engineer's presence during the performance of any excavation
work shall not relieve the permittee of its responsibility hereunder.
[Ord. No. 2017-10]
g.
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 section, the Borough shall have the
right to do all work necessary to restore the street, eliminate violations
and complete the excavation work. The permittee shall be liable for
the actual cost thereof and twenty-five (25%) percent of such cost
in addition 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 section. 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 section
or to restore the surface, except that in the case of immediate danger
to public health or safety, certified to by the appropriate officials,
no such notice will be provided.
It shall be the duty of the permittee to guarantee and maintain
the site of the excavation work in the same condition it was prior
to the excavation for one (1) year after restoring it to its original
condition.
h.
Except by special permission from the Borough Engineer, 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 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 the Borough Engineer. Except with the written permission of the
Borough Engineer, no timber bracing, lagging, sheathing or other lumber
shall be left in any trench.
i.
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.
j.
If, in his judgment, traffic conditions, the safety or convenience
of the traveling public or the public interest require that the excavation
work be performed as emergency work, the Borough Engineer 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.
k.
In the event of any 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 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 Borough Clerk's office is open for business and shall not
proceed with permanent repairs without first obtaining an excavation
permit hereunder.
l.
Each permittee shall conduct and carry out the excavation work in
such manner as to avoid unnecessary inconvenience and annoyance to
the general public and occupants of 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 10:00 p.m. to 7:00 a.m. shall not
use, except with the express written permission of the Borough Clerk
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.
[Ord. No. 91-10 A V]
Whenever the Board of Commissioners enacts any ordinance or
resolution providing for the paving or repaving of any street, the
Business Administrator shall promptly mail a written notice thereof
to each person owning any sewer, main conduit or other utility in
or under said 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 opening, cuts, or excavations
in said street for a period of five (5) years after the date of enactment
of such ordinance or resolution. 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 enactment of such
ordinance or resolution. The Business Administrator shall also promptly
mail 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.
Within said forty-five (45) days every public utility company
receiving notice as prescribed herein shall perform such excavation
work subject to the provisions of this section, as may be necessary
to install or repair sewers, mains, conduits or other utility installations.
In the event any owner of real property abutting said 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 street shall be forfeited for a period of five (5) years from
the date of enactment of said ordinance or resolution. 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 Borough
Engineer, an emergency as described in this section exists which makes
it absolutely essential that the excavation permit be used.
Every Borough department or official charged with 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 work within said forty-five (45) day period as to avoid
the necessity for making any openings, cuts or excavations in the
new pavement in said Borough street during said five (5) year period.
[Ord. No. 91-10 A VI]
All concrete curbs and sidewalks shall be restored, if damaged
during construction, or if being removed and replaced by the permittee,
in accordance with the standards set forth in this section and those
defined in the Developmental Ordinance of the Borough of Allenhurst.
Compliance for the purpose of discharging surety or refund of cash
bond shall be as determined by the Borough Engineer.
[Ord. No. 91-10 A VII]
Permanent restoration shall be made within six (6) months after
completion of the work, subject to the approval of the Borough Engineer
or his designated representative. The Borough may undertake the permanent
restoration if the permittee so requests, provided the permittee shall
pay, in advance, the prevailing cost of such restoration, as determined
by the Borough Engineer, in cash or by certified check.
[Ord. No. 91-10 A VIII]
a.
A permit fee shall be charged by the Borough Clerk 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 in an amount equal to a percentage of the amount of cash repair deposit required by subsection 18-1.9 of this section and as per the following schedule:
|
Cash Repair Deposit
|
Percent
|
|---|---|
|
$50.00 - $499.00
|
15%
|
|
$500.00 - $1,999.00
|
13%
|
|
$2,000.00 - $2,999.00
|
11%
|
|
$3,000.00 - $4,999.00
|
9%
|
|
$5,000.00 - -----
|
7%
|
|
In those cases where the requirements for all or a portion of
the deposit is met by the issuance of a surety bond, the Borough Clerk
shall estimate, for each permit, what the appropriate cash repair
deposit cost would have been should such deposit have been fully required
and a permit fee shall be established as heretofore provided.
|
b.
In no case shall a permit fee charged be less than twenty-five ($25.00)
dollars. Permit fee will be waived in the case of installation or
repair of sidewalk by, or one acting for, the owner of real property.
[Ord. No. 91-10 A IX]
a.
The application for an excavation permit to perform excavation work
under this section shall be accompanied with a cash repair deposit.
Such cash repair deposit shall take the form of cash or certified
check payable to the Borough of Allenhurst and shall be received by
the Borough Clerk prior to the issuance of any permit.
b.
The amount of the cash repair deposit required shall be in accordance
with the following schedule:
|
Pavement Disturbance
|
Cost Per Square Foot
|
|---|---|
|
0 to 39 S.F.
|
$10.00 per S.F.
|
|
40 to 79 S.F.
|
$9.50 per S.F.
|
|
80 to 99 S.F.
|
$9.00 per S.F.
|
|
100 to 199 S.F.
|
$8.50 per S.F.
|
|
200 to 299 S.F.
|
$8.00 per S.F.
|
|
300 to 399 S.F.
|
$7.50 per S.F.
|
|
400 to 499 S.F.
|
$7.00 per S.F.
|
|
500 to 599 S.F.
|
$6.50 per S.F.
|
|
600 to 699 S.F.
|
$6.00 per S.F.
|
|
700 to 799 S.F.
|
$5.50 per S.F.
|
|
800 to 899 S.F.
|
$5.00 per S.F.
|
|
900 to 999 S.F.
|
$4.50 per S.F.
|
|
1,000 to 4,999 S.F.
|
$4.00 per S.F.
|
|
5,000 to --- S. F.
|
$3.00 per S.F.
|
c.
In no case shall a cash repair deposit charged be less than fifty
($50.00) dollars. Cash repair deposit will be waived in the case of
installation or repair of sidewalk by, or one acting for, the owner
of real property.
[Ord. No. 91-10 A X]
If an individual cash repair deposit required by subsection 18-1.9 of this section 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 be a public utility regulated by the Federal Government and/or the State of New Jersey, then the Board of Commissioners may allow the provision of all or, at the Board of Commissioner's discretion, a portion of the required cash repair deposits in the form of a surety bond. If a surety bond is to be provided in accordance with the requirements of this subsection, the applicant shall deposit with the Borough Clerk a surety bond in an amount to be determined by the Borough Clerk made payable to the Borough of Allenhurst. The required surety bond must be:
a.
With good and sufficient surety;
b.
By a surety company authorized to transact business in the State
of New Jersey;
c.
Satisfactory to the Borough Attorney in form and substance;
d.
Conditioned upon the permittee's compliance with this section
and to secure and hold the Borough and its officers harmless against
any and all claims, judgments, or other costs arising from the excavation
and work covered by the excavation permit or for which the Borough,
the Board of Commissioners, 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,
and further conditioned to fill up, restore and place in good and
safe condition as near as may be to its original condition and to
the satisfaction of the Borough Engineer all openings and excavations
made in streets, and to maintain any street where excavation is made
in as good condition for the period of twelve (12) months after said
work shall have been done, usual wear and tear excepted, as it was
in before said work shall have been done. Any settlement of the surface
within the said one (1) year period shall be deemed conclusive evidence
of defective backfilling by 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 it shall in its entirety cover any or all future accidents
or injuries during the excavation work for which it is given. In the
event of any suit or claim against the Borough by reason of the negligence
or default of the permittee, upon the Borough's 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 his surety. 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 said date.
[Ord. No. 91-10 A XI]
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 and in behalf
of the Borough necessitating openings of excavations in streets.
[Ord. No. 91-10 A XII]
This section shall not be construed as imposing upon the Borough
or any official or employee any liability or responsibility for damages
to any person injured by the performance of any excavation work for
which an excavation permit is issued hereunder, nor shall the Borough
or any official or employee thereof be deemed to have assumed any
such liability or responsibility by reason of inspections authorized
hereunder, the issuance of any permit or the approval of any excavation
work.
[Ord. No. 91-10, A XIII]
Any person, firm or corporation who shall violate any provisions of the section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be liable for the penalty stated in Chapter I, Section 1-5. Each day that the violation continues is to be considered a distinct and separate violation.
[Ord. No. 2010-08 § 1]
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 Allenhurst so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. No. 2010-08 § 2]
For the purpose of this section, the following terms, phrases,
words and their derivation 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 in the plural number include
the singular number; and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Allenhurst or other public body, and
is designed and used for collecting and conveying stormwater. MS4s
do not include combined sanitary sewer systems, which are sewer systems
that are designed to carry sanitary sewage at all times and to collect
and transport stormwater from streets and other sources.
shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this State subject to
municipal jurisdiction.
shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2010-08 § 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:
[Ord. No. 2010-08 § IV]
Storm drain inlets identified in subsection 18-2.3 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 18-2.4c 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 or surface water body
under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of 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 suing additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one (1) inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register 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. 2010-08 § V]
This section shall be enforced by the Police Department, Code
Enforcement Official, Public Works Supervisor and/or other Municipal
Officials of the Borough of Allenhurst.
[Ord. No. 2010-08 § 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 one thousand
($1,000.00) dollars for each storm drain inlet that is not retrofitted
to meet the design standard.
