[1973 Code § 10-1.1]
It is the duty of the Highway Committee, whenever so requested by any owner of property abutting any street in the Borough, to cause grade stakes for walks and curbs to be placed in such a manner as to give the line and grade for the erection, alteration or repair of sidewalks and curbs. Whenever any grade and line stakes have been so placed, it shall be the duty of the Borough Clerk to notify owners of property in any block in which the curbs and walks are not laid in accordance with the Borough ordinances and other regulations, that such grade and line stakes are in position and that the giving of grades and lines and the setting of stakes at any future time shall be done at the expense of the owner or owners concerned. No sidewalk or curb shall be laid in the Borough except according to the grade and lines established by the Borough.
[1973 Code § 10-1.2; New]
All streets in the Borough shall be curbed and sidewalks shall be laid in the Borough along both sides of the streets and avenues thereof. The sidewalks and curbs shall be constructed of concrete and be in conformity with Borough regulations.
All sidewalks constructed in an easterly and westerly direction shall be five (5) feet in width and shall be laid in the center of the sidewalk area wherever practical, where this is not inconsistent with lines and grades now or hereafter established by the Mayor and Council. The sidewalk on Main street shall be five (5) feet in width.
All sidewalks constructed in a northerly or southerly direction, excepting Main street, shall be four (4) feet in width and shall be laid in the center of the sidewalk area except when inconsistent with the lines and grades established by the Mayor and Council. All sidewalks laid on North Boulevard shall be four (4) feet in width.
All concrete sidewalks now laid to proper grade in the Borough shall remain in place, but should the sidewalk be repaired or replaced the same shall be laid in conformity with this subsection.
No sidewalk or curb shall be laid in the Borough until the line and grade stakes giving the proper location thereof are set by the Borough Engineer.
All sidewalks and curbs in the Borough shall be laid according to specifications prepared by the Borough Engineer, approved by the Borough Council and filed with the Borough Clerk.
The owners of premises abutting streets and avenues in the Borough on which sidewalks and curbs are constructed shall be given thirty (30) days notice by the Borough Clerk or Code Enforcement Officer to construct the sidewalk and curb. Such notice may be given either personally, by registered mail or by posting the notice on the premises.
In the event of failure of the owner of the premises to construct or lay sidewalks and curb according to the terms of this subsection, it shall be lawful for the Mayor and Council to cause the sidewalk and curb to be constructed or laid and assess the cost thereof upon the property benefited, as provided by law.
When any sidewalk in the Borough becomes out of repair or needs to be relaid, the same shall be condemned by the Code Enforcement Officer or designee and the owner of the lands in front of which the sidewalks shall be required to be relaid or repaired shall be allowed thirty (30) days time in which to do such work. Written notice of the required work shall be sent by the Borough Clerk or designee to such owners by certified mail if their post office address is known; if not known, then by posting the notice on the premises or leaving the same with any occupant thereof or by personal service if the owners are residents within the Borough.
In case such owner fails to relay or repair such sidewalk according to the requirements of this subsection and such notice, the Council shall cause the work to be done and assess the cost thereof upon the lands as provided by law.
Editor's Note: Excavations subject to the requirements of this section are also subject to the provisions of subsection 2-21.16, Extra Duty Police Assignments.
[1973 Code § 10-2.1; Ord. No. 88-522 § 1; Ord. No. 2003-729]
No person, firm, corporation or public utility company shall dig up any street or public place without first having obtained a permit therefor as provided in this section.
No permits shall be issued for any excavation in a street which has been resurfaced by or on behalf of the Borough for a period of three (3) years from the date of the acceptance by the Borough of the resurfacing work. The Borough Clerk shall maintain a list of all public streets resurfaced by, on behalf of, or at the direction of the Borough within the three (3) years immediately preceding the date of adoption of this subsection and shall supplement the list of resurfaced streets as required. The list shall contain the name of each street which is resurfaced; the portion or portions of the street which have been resurfaced and the date of acceptance of the resurfacing improvements by the Borough. The Borough Clerk shall deny any application for a permit to excavate any street or portion thereof which has been resurfaced within the three (3) year period preceding the date of such application.
It shall be unlawful for any person, firm or corporation to make any excavation in or tear up the surface of any road or street in the Borough, the maintenance of which is chargeable to the Borough, for any purpose, without first obtaining a permit from the Borough Clerk as hereinafter provided. Application shall be made by the firm, corporation or person seeking the permit on a form to be provided by the Borough. Permission to make an excavation in or tear up the surface of a road shall not carry any right to make sewer, water or gas connections. A separate permit to make the connections shall be obtained from the appropriate authorities.
[1973 Code § 10-2.2; Ord. No. 88-522 § 1]
Application for a permit to excavate any street which is maintained by the Borough, the maintenance of which is chargeable to the Borough, shall be made in writing by the firm, corporation or persons who are applying. The application shall state the purpose of such excavation, namely; sewer, water, gas or telephone or any purpose which has not been specified.
Permission to make an excavation in or tear up the surface of a street shall not carry any right to make sewer, water or gas connections. A separate permit to make gas, water or sewer connections shall be obtained from the appropriate authorities.
The application for street openings or excavations shall be accompanied by the following documents, when such documents are deemed necessary by the proper officials, which can be the Superintendent of Public Works, Chief of Police, Borough Engineer and/or the Borough employee who processes the application.
The applicant shall list on the application the name, address and emergency telephone numbers of at least two (2) persons responsible to be called at all times in case emergency problems or situations arise at the construction or maintenance site. This information shall be provided to the Police Department prior to the commencement of any work at the site. If, for any reason, no person is available at the emergency telephone numbers or a person fails to cooperate with a request from the Police Department or Department of Public Works to correct a hazardous situation, the Borough shall have the authority to correct any hazardous condition or situation at the work site. In such event, the applicant shall be responsible to reimburse the Borough for all expenses incurred by it.
[1973 Code § 10-2.3; Ord. No. 88-522 § 1]
The type of material used for backfill and the method of backfilling shall be as specified by the Borough Engineer to ensure the restoration of a street or road to its prior condition. For the purpose of establishing specifications for the restoration, the specifications promulgated by the Department of Transportation of the State of New Jersey shall serve as a guideline for street restoration.
[1973 Code § 10-2.4; Ord. No. 88-522 § 1; Ord. No. 2005-756]
No permit shall be issued by the Borough Clerk for any street opening or excavation unless the person applying therefor shall make a cash deposit, as provided herein, with the Borough Clerk as a guaranty that the street will be promptly refilled, leveled, graded and restored to its former condition prior to the excavation, to the satisfaction of the Borough Engineer or Engineer's designee. The cost shall be incurred by the firm, corporation or person obtaining the permit.
A cash deposit of four hundred ($400.00) dollars will be required for each opening of any road.
A cash deposit of six hundred ($600.00) dollars will be required for each crossing of any road.
A public utility corporation of the State of New Jersey may post a corporate bond on a yearly basis in the amount of ten thousand ($10,000.00) dollars in lieu of a cash deposit. The corporate bond shall, by its terms, provide for the payment of any damages by or from the acts of the applicant, its agents, servants or subcontractors and save the Borough harmless from damages sustained by any persons or property as the result, directly or indirectly, of the work performed under the permit. Any utilities authority formed under the provision of Title 40 of the New Jersey Revised Statutes may, in lieu of posting a corporate bond, file with the Borough Clerk a statement that the authority will provide for the payment of any damages by or from its acts, its agents, servants or subcontractors and save the Borough harmless from any suits at law or otherwise which may result from damages sustained by any persons or property under the permit.
The cash deposit, as provided hereinabove, shall be retained by the Borough Clerk until the street is properly restored to its condition prior to the excavation, as evidenced by the written approval of the Borough Engineer, with the cost incurred by the firm, corporation or person obtaining the permit. If the street is not properly restored to its condition prior to the excavation within ninety (90) days from the time of opening, the Borough may do whatever is necessary to restore the street to its former condition and charge the cost thereof against the cash deposit. The costs charged against the cash deposit shall be forthwith turned over to the Borough Treasurer to be used for general street purposes, and the balance of the deposit, if any, shall be returned to the owner. In the event that the cash deposit is insufficient to cover the costs incurred in the restoring of the street to its former condition, the holder of the permit shall be responsible for any excess costs incurred by the Municipality.
Prior to the issuance of a permit under this section, the applicant shall be required to pay a fee of ninety ($90.00) dollars to cover costs incurred by the Borough in the issuance of the street excavation permit and inspection(s) incidental thereto.
[1973 Code § 10-2.5; Ord. No. 88-522 § 1]
It shall be the duty of the permittee to properly guard any excavation or storage piles by the erection of suitable barriers by day and lights by night; or by warning signs and watchmen, if deemed necessary by the Superintendent of Public Works or the Chief of Police or their respective designees.
No excavation shall remain open for more than twenty-four (24) hours, and all excavations shall be properly guarded and marked. In the event that the holder of the permit shall fail to comply with this condition, the Borough may remedy the situation and charge the cash deposit, as set forth hereinabove.
The permittee shall be liable for any neglect to safeguard the traveling public. If the excavation extends to the full width of the road, only one-half (1/2) of it shall be made at one (1) time and shall be backfilled before the other one-half (1/2) is excavated, so as not to interfere with traffic. In any other case, there shall be maintained at all times a roadway of at least eighteen (18) feet in width.
All traffic control devices must be positioned and maintained in accordance with the rules, regulations, and specifications contained in the most current edition of the Manual of Uniform Traffic Control Devices. Further, construction work shall be permitted only during the time specified on the application and such other times as regulated by this or other Borough ordinances. In the event an emergency situation requires work to be conducted at times other than those specified on the application or such times regulated by this or other ordinances, such emergency work must be approved by the Chief of Police or the Superintendent of Public Works.
If the street opening or construction may only be accomplished by closing the street to all traffic, the time of the closing of the streets shall be approved by the Chief of Police or the Superintendent of Public Works. Any traffic lane proposed to be closed to traffic must be closed only at such times specified on the application, which shall be subject to the review and approval of the Chief of Police or the Superintendent of Public Works. No street closing shall be permitted unless application is made and approved at least twenty-four (24) hours in advance of the proposed street closing.
Construction equipment shall not be placed or located on any street at hours other than those approved in the application, unless first approved by the Chief of Police or his designee.
The Chief of Police may require that the permittee supply uniformed police officers for the purpose of safeguarding pedestrians and maintaining the orderly flow of traffic. In such event, the permittee shall make arrangements to obtain uniformed officers through the Lake Como Police Department and shall utilize the officers assigned to the permittee by the Department.
The Superintendent of Public Works or the Chief of Police may require that the contractor utilize flagpersons for the purpose of safeguarding pedestrians and maintaining the orderly flow of traffic. In such event, the flagpersons required at the construction site shall be equipped with the following:
Orange vest, orange shirt or an orange cap. For nighttime conditions, all such garments or caps shall be equipped with reflectorized devices.
During the daytime, a red flag having dimensions of twenty-four (24) inches by twenty-four (24) inches. During the nighttime, lights shall be utilized in lieu of a red flag.
Sign paddles consisting of STOP/SLOW messages, prescribed under the Manual of Uniform Traffic Control Devices. When used at night, STOP/SLOW faces shall be reflectorized.
The permittee shall have the option to substitute private guards in lieu of flagpersons. In such event, private guards may be attired in uniform; provided, however, when such guards are used during the nighttime, they shall be required to use lights and be attired with reflectorized outer garments.
The construction area shall be lighted from sunset for sunrise.
[1973 Code § 10-2.6; Ord. No. 88-522 § 1]
The Borough, through its Police Department or Department of Public Works, shall have the authority to stop work at the site if any nuisance or safety hazard exists and is not corrected by the applicant. In order to abate any nuisance or safety hazard, the Municipality shall have the authority to remove equipment, vehicles, materials and other property within the street right-of-way, backfill open excavations and perform any other related work necessary to correct a hazardous condition or violation of this chapter. In such event, the applicant shall be responsible to reimburse the Borough for all expenses incurred by it.
[1973 Code § 10-2.7; Ord. No. 88-522 § 1; New]
Any person that shall violate any of the provisions of this section, shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5.
[Ord. No. 2001-700 § 1]
There are locations within the Borough that serve as primary routes for school children going to and from the local schools. In that regard, it has concluded that the life, health, safety and general welfare of these children are endangered when, as a result of prolonged or severe ice and snow conditions, unobstructed access to these locations is limited beyond a reasonable time.
[Ord. No. 2001-700 § 1]
As sued in this section:
- shall mean and include the person or persons holding legal title to any lot, parcel of land, or real property covered by this section whether the lot or land is improved or unimproved and whether or not occupied by the owner.
- shall mean paved, constructed or flagstone walks, which are intended for use only by pedestrians.
[Ord. No. 2001-700 § 1]
It shall be the responsibility of the property owner to notify an occupant or tenant of this section. It shall be the duty of the owner, occupant or tenant of any lot, parcel of land or real property in the Borough abutting or bordering the sidewalks on both sides of Main Street between 16th Avenue and North Boulevard to remove or cause to be removed all snow and ice from the sidewalk area in front of or bordering his lands for a width of thirty-six (36) inches within twenty-four (24) hours after the snow has ceased to fall. In the case of ice which is impracticable to remove, the ice on the sidewalks shall be covered with a suitable or abrasive material or a melting agent.
[Ord. No. 2001-700 § 1]
If the person responsible shall fail or refuse to comply with such removal, the Borough may cause the removal and after certification of the costs involved, charge the same against the land abutting such sidewalk. The amount charged shall become a lien upon the land and this charge shall be added to and become and form part of the taxes to be assessed and levied upon such lands, shall bear interest at the same rate as taxes, and shall be collected and enforced in the same manner as taxes are permitted to be collected by law.
[Ord. No. 2001-700 § 1]
Any person, firm or corporation violating any of the provisions of this section shall, upon conviction, be liable for a penalty stated in Chapter I, Section 1-5. Each and every day in which a violation exists shall constitute a separate violation.