Borough of Bogota, NJ
Bergen County
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Table of Contents
Table of Contents
[1]
Editor's Note: Ordinance 3/23/20, as amended, pertaining to excavations in streets has been repealed and replaced in entirety by Ordinance No. 876, adopted August 11, 1983.
[Ord. #876, AI]
The purpose of this section is to establish regulations and fees for the opening of municipal streets within the Borough of Bogota.
[Ord. #876, AII]
The following terms shall, for the purpose of this section, have the meanings here indicated:
a. 
Permittee shall mean any person, firm or corporation granted a permit hereunder.
b. 
Street shall mean any street, road or other public way dedicated to and accepted by the borough, and shall include all of the area thereof lying within the bounds of the dedicated right-of-way.
c. 
Public utility shall mean New Jersey Bell Telephone Company, Public Service Electric and Gas Company, Hackensack Water Company, Cable T.V. Company, or any other entity having either the power of eminent domain or subject to regulations by the Public Utilities Commission of the State of New Jersey.
d. 
Extensive opening shall mean an opening, tearing up or excavating, for any purpose, of a borough road of one hundred (100) feet or more of roadway length or where connecting lateral openings are made at average intervals of less than one hundred (100) feet along the roadway length or an opening which disturbs twenty (20%) percent or more of the pavement area.
e. 
Small opening shall mean any opening, tearing up or excavating, for any purpose, of a borough road, which is not an extensive opening.
f. 
Owner shall mean any person, corporation, public utility or other entity on whose behalf a street opening is performed by a permittee.
[Ord. #876, AIII; Ord. #1135, S1]
a. 
No person, persons or corporation, municipal or private, nor any utility company, public or private, shall for any purpose open, tear up, excavate, bore, tunnel or drive under or in any way impair the surface or subsurface, within the limits of the right-of-way, of any street in the Borough of Bogota without first obtaining a road opening permit from the construction official/building code official.
b. 
Nothing contained in this section shall be construed as requiring the issuance of a permit for the performance of any work done by the borough or under a contract with the borough for the construction of waterlines, sewer lines or street improvements.
c. 
No person or corporation shall be issued a road opening permit until he presents satisfactory proof in the form of a written statement from the person or corporation engaged in the distribution or submission of manufactured, mixed or natural gas or synthetic natural gas, liquefied natural gas or propane gas in the area of the proposed road opening that said application has complied with the requirements of N.J.S.A. 2C:17-4 and 2C:17-5, which provide, among other things, that said applicant give to any person or corporation in the distribution or transmission of the aforesaid gases in the area of the proposed excavation, written notice of the proposed excavation and ascertain from such person or corporation the location of all such gas lines or pipe lines within two hundred (200) feet of the proposed excavation.
d. 
Non-opening of road. No street, road or paved area, constructed, reconstructed or repaved within three (3) years of the time that the road is sealed can be excavated, built or patched without a demonstration by the permittee that an emergency exists. Gas leaks, water main leaks and sewer breaks shall be considered examples of emergencies.
[Ord. #876, AIV; Ord. #1135, S1]
a. 
Form. Application for a permit shall be made in writing on forms to be prescribed by the code construction department and issued by the construction official/building code official and shall be filed at least one (1) week prior to the commencement of any work with the secretary of the construction code department. The application shall specify the name and address of the applicant; the specific location of the proposed excavation and the width, length and depth thereof; the type of road or other surface; and the individual(s), partnership or corporation for whose benefit the excavation is to be made, and shall be accompanied by a nonrefundable fee for the issuance of the permit as hereinafter provided, together with the charges as hereinafter set forth.
Applications for extensive openings shall require, in addition to the above information regarding:
1. 
All improvements;
2. 
Typical detail and section of construction procedure;
3. 
Plans, profiles and other details necessary to accurately depict the work.
No work may commence until the date set forth in the issued permit.
b. 
Emergency road opening. In the event that an emergency condition exists requiring immediate action by any person requested to obtain a permit pursuant to this section, the person may immediately use the roadway to be entered and emergency measures taken without first obtaining a permit, provided that:
1. 
A true emergency exists, and the person notifies the Bogota Police Department, who shall log the emergency.
2. 
A permit is applied for and received within twenty-four (24) hours of the rod opening or on the next business day, whichever is more practical.
3. 
All work is performed in accordance with the provisions of this section.
4. 
The superintendent of the department of public works or borough engineer shall be notified within twenty-four (24) hours of a road opening. If a road opening commences on a Saturday or Sunday as a result of emergency road work, the police department shall be notified immediately and the superintendent of the department of public works or borough engineer shall be notified on the morning of the first business day thereafter.
The borough reserves the right to issue a stop-work order where same is deemed appropriate by the superintendent of the department of public works on the borough engineer.
c. 
Review of the application for small openings. Prior to the issuance of a permit, copies of the application therefore shall be referred to the borough superintendent of the department of public works or the borough engineer who shall note any objections to the issuance of a permit or any conditions to be imposed on the application within five (5) working days. All objections and all conditions shall be satisfied prior to or be imposed as conditions upon the issuance of the permit as appropriate.
d. 
Applicant. The applicant must be contractor, whether corporate, individual or partnership, who will be actually engaged in the performance of the road opening work under the permit or who will be directly responsible for the protection of the work, for the adherence of the work to the specifications and for the safety of the public. The application shall be made for and on the behalf of the owner for whom the work is being done and shall be countersigned by such owner. Permits will not be issued directly to private owners o developers without specific written approval of the mayor and council.
e. 
Agreement. The owner shall agree, as a condition of the issuance of a permit, that any facilities, pipes or poles or other object to be installed within the borough right-of-way pursuant to the permit shall be promptly relocated at the owner's expense, except where otherwise provided by law, as required by the borough, to accommodate the installation of borough facilities. Such agreement shall be in writing and contained on the face of the application form and permit.
f. 
Review of application for extensive openings. All extensive openings shall first be reviewed and approved by the superintendent of the department of public works, and shall subsequently be reviewed and approved by the borough engineer prior to the issuance of a permit.
g. 
Issuance. Street opening permits shall be issued by the construction official/building code official once reviewed and approved as provided for herein, provided, however that no permit shall be issued until an application fee and an engineering fee, both of which are nonrefundable, have been paid to the borough clerk.
[Ord. #876, AV; Ord. No. 1481]
a. 
Generally. The New Jersey State Department of Transportation 1961 Standard Specifications for Road and Bridge Construction, with all amendments and supplements, shall govern all of the work performed under Borough of Bogota road opening permits, except as supplemented below:
1. 
No borough road shall be closed to traffic without the prior written consent of the mayor and council. In the event that a road is closed, uniformed police may be required to act as traffic directors, and the proper traffic control devices shall be erected and maintained in accordance with standards described in the Manual on Uniform Traffic Control Devices, 1971 Edition. All costs of providing uniformed police shall be the responsibility of the permittee or the owners. In the event that a detour is deemed necessary by the permittee, application shall be made to the chief of police, who shall determine the necessity for such detour and the route to be followed.
2. 
Any work under an issued permit must be commenced within three (3) months from the date of issue and completed within three (3) months from commencement, or said permit shall be deemed void and reapplication shall be required.
3. 
Work commenced under a permit shall be continued without interruptions during normal working hours until completed.
4. 
The applicant shall notify the borough clerk and the superintendent of the department of public works or the borough engineer twenty-four (24) hours in advance of the actual commencement of any work under a permit.
b. 
Guard. The applicant shall keep the work site properly guarded both day and night and shall have lights, barriers and adequate safety devices as described in the Manual on Uniform Traffic Control Devices placed thereat and maintained throughout the performance of the work and shall interfere as little as possible with traffic along the borough street or road, and only that part of any such street or road as is set forth in the permit shall be opened.
c. 
Minimum cover. All utilities shall be constructed with a minimum of four (4) feet of cover to provide protection for the utilities in the event that future borough road construction, repair or modification necessitate excavation, undercutting or installation of facilities in the area where the utility is located. This location will in no way relieve the utility owner of the responsibility of relocating said utility at said utility owner's expense in case of conflict with future construction, reconstruction or modification of related facilities, except as otherwise specified herein. The aforementioned four (4) foot minimum cover may be waived by the borough superintendent of public works or borough engineer if the applicant prepares and files certified plans indicating the location, extent and depth of the facilities and said plans are approved by the borough superintendent of public works or borough engineer. This subsection shall apply only to new construction.
d. 
Protection of existing structures. It shall be the responsibility of the permittee to give proper notice of the proposed street opening to any person, firm or corporation whose pipe, conduits or other structures are laid in the portion of the street to be opened. Said notice shall be given in writing a minimum of seventy-two (72) hours before commencement of said opening and the permittee shall, at his own expense, carefully support, maintain in operation and protect from damage such pipe, conduits or structures. If any damage is caused to such pipes, conduits or structures, the permittee shall restore same, at his own expense, to the condition it was prior to commencement of work.
e. 
All excavations shall be completely backfilled at the end of each working day unless it would constitute a hardship to the permittee or where the size of the excavation makes it impossible to backfill at the end of each working day, in which event a waiver may be granted by the superintendent of the department of public works or borough engineer. In the event that a waiver is granted, the contractor or owner shall cover the excavation with heavy steel plates and erect appropriate barriers and lights around the entire excavation and arrange to provide appropriate security protection, if such security is necessary, at their own cost, and such other safeguards as may be needed to protect the public from an open excavation. In no event shall an excavation be left open for more than seventy-two (72) hours, unless an emergency exists and permission has been secured from the chief of police or superintendent of the department of public works, borough engineer or their designated representative.
f. 
Any road in the Borough of Bogota which has been resurfaced in the last five (5) years for which a new road opening permit is issued shall include the requirement that the party performing the work must resurface the road from curb to center line and from street corner to street corner. Furthermore, all driveways and/or sidewalks at any intersection impacted by work done under a road opening permit must be restored as per the Municipal Engineer's standards. All regular sidewalks, when being restored or replaced as part of a road opening permit, must also be restored as per the Municipal Engineer's standards.
[Ord. No. 1481]
[Ord. #876, AVI]
a. 
The permittee shall be liable to any damage to borough roads caused by the operation of equipment over said roads. In the event that any such damage is not repaired within thirty (30) days after completion of the street opening, the cost for the repair of same shall be deducted from the permittee's deposit held by the borough clerk.
b. 
The permittee shall, on a continuing basis, maintain all streets and other property affected by the construction in clean condition free from all rubbish, excess earth, rock and other debris. Upon completion of all work under the permit the permittee shall again clean the affected property to remove all debris and unused material. In the event that the permittee fails to act as provided herein, the borough, upon twenty-four (24) hours' notice to the permittee, may clean and remove all rubbish, excess earth, rock, debris and unused material and charge the permittee with the cost thereof. If the permittee fails to reimburse the borough for the costs incurred, said costs shall be deducted from the permittee's deposit held by the borough clerk.
[Ord. #876 AVII]
The superintendent of public works or borough engineer shall periodically inspect all road openings, and the repair and resurfacing thereof, for the purpose of determining compliance with the conditions imposed on the issuance of the permit and the specifications. The borough may, upon the recommendation of either of them:
a. 
Order a temporary stop to any road opening.
b. 
Order that the applicant perform or correct work in accordance with the directions of the borough.
c. 
Order a stop to any work and revoke the permit, in which event the borough shall complete the work, or cause it to be completed, and either declare the applicant's cash deposit forfeited or notify the applicant's surety of an intent to file claim on the bond.
d. 
Authorize the correction of any work after notification to the permittee and the neglect or the refusal of the permittee to make such corrections within twenty-four (24) hours and, upon the completion of same, either declare the permittee's cash deposit forfeited or notify the permittee's surety of an intent to file a claim on the bond.
e. 
Take any other action deemed reasonable under the circumstances to protect the borough's interests.
[Ord. #876, AVIII; Ord. #1198, S1]
No road opening shall be permanently paved until a final inspection has been made by the borough engineer or superintendent of public works and final approval given.
a. 
For all openings:
1. 
The paved roadway surfaces shall be saw cut vertically with a saw on a straight line before excavating.
2. 
The material excavated from the trench opening shall not be replaced as backfill unless expressly authorized by the superintendent of public works or borough engineer.
3. 
Clean granular backfill of either sand or stone shall be furnished from outside sources.
4. 
The uncompleted length of road opening allowed under a permit at any one time shall not exceed fifty (50) linear feet, unless a special need can be established by the permittee and approval for exceeding this limitation is secured from the superintendent of public works or borough engineer. Such special need shall be noted in writing to the superintendent of public works or borough engineer before such permission is granted, except in unusual cases and/or emergencies. In that event, such special need shall be documented in writing after approval is granted.
5. 
Where existing manholes are located in the shoulder areas, a minimum of two (2) inches of asphalt FABC-1 Mix 5 shall be placed eight (8) feet on both sides of the manhole casting on four (4) inches of quarry processed stone. The width of the FABC-1 Mix 5 shall vary to the dimensions of the existing shoulder.
6. 
All backfill shall be placed in six (6) inch layers, with each layer thoroughly compacted by mechanical means to the satisfaction of the superintendent of the department of public works or borough engineer. The superintendent or borough engineer shall have the right to require a compaction test to be performed by an independent laboratory, at the expense of the permittee.
7. 
After proper settlement, for any portion of the road the entire width of the paved roadway surface shall be overlaid with a one and one-half (1 1/2) inch minimum thickness FABC-1 Mix No. 5 pavement applied to the entire length of the disturbed area and rolled in place to obtain a smooth pavement surface.
8. 
All openings and excavations shall be backfilled and covered with the appropriate temporary patching materials upon the completion of the work requiring the opening and/or excavation. Permanent restoration of all paved areas in the borough's right-of-way, including sidewalks, driveway aprons, and curbs, shall be completed as required by this section within six (6) months of the completion of the work, as weather conditions permit.
b. 
Asphalt pavement openings:
1. 
In old asphalt pavements and newly constructed, reconstructed and overlaid asphalt pavements, before placing the base course, the opening shall be saw cut back six (6) inches beyond the perimeter of the trench opening and a tack coat applied to all joints.
2. 
For openings in old asphalt pavements backfill material shall be deposited in six (6) inch layers and thoroughly compacted to a level eight (8) inches below the level of the adjacent paved surfaces. The openings shall be cut back six (6) inches beyond the perimeter of the trench opening. The base course shall be bituminous stabilized base stone mix, Mix No. 1, six (6) inches thick (two lifts). The surface course shall be two (2) inches compacted depth of FABC-1 Mix No. 5. All joints between the new and existing pavements shall be sealed with a tack coat.
c. 
Concrete pavement surface openings. For all openings in concrete pavement surfaces, the trench backfill shall be compacted in six (6) inch levels, to a level two (2) inches below the top of the adjacent paved surface. A two (2) inch compacted depth of stabilized base shall then be placed, compacted level with the existing pavement and shall be maintained by the permittee to a pavement level by adding additional bituminous material until final settlement has occurred. The opening shall be cut back by saw, six (6) inches beyond the perimeter of the trench opening. A pavement course of four thousand (4,000) pound concrete eight (8) inches in depth shall be constructed level with existing pavement surface. A layer of heavy six by six (6 x 6) No. 6 gauge wire mesh reinforcing shall be placed in the opening and extend fully into the cut back shelf at a point for six (6) inches below the finished elevation.
d. 
Sidewalks and non-paved areas.
1. 
All sidewalks, driveway aprons, and curbs that are within the borough's right-of-way and are disturbed shall be restored to the original condition before the opening of same. The same type and grade of materials shall be used in the restoration. All restoration work and materials shall be subject to prior approval by the borough, and shall be completed no later than six (6) months after the opening, allowing time for settlement as weather conditions permit.
2. 
All markings for utility lines, and other designations painted on such sidewalks, driveway aprons, and curbs shall be removed within fourteen (14) days of the excavation.
3. 
All grass or graveled areas disturbed within the Borough right-of-way shall be restored with top soil, grass seed, mulch, and/or gravel, as originally configured, within fourteen (14) days after the excavation is completed.
e. 
All work shall be guaranteed for a period of twelve (12) months.
[Ord. #876, AIX; Ord. #1135, S1; Ord. #1198, S3]
a. 
Insurance. The applicant shall present evidence satisfactory to the borough attorney of insurance sufficient to indemnify and save harmless the borough, its agents and servants, against and from all suits and costs of every kind and from all personal injury or property damage resulting from negligence or from any phase of operations performed under the permit. Said insurance shall provide limits of not less than one million ($1,000,000.00) dollars, single limit. Where there is an extensive opening, the superintendent of the department of public works or the borough engineer may request additional insurance, if it is deemed necessary under the circumstances.
b. 
Security.
1. 
The construction official/building code official shall not issue a permit unless the applicant has deposited as security for faithful performance a certified check made payable to the Borough of Bogota, or filed a bond with surety satisfactory to the borough attorney, the amount thereof to be based upon the security deposit fee schedule as contained in subsection 14-1.10.
A public utility applicant may, in lieu of the security required above, deposit an annual surety bond in the amount of at least twenty thousand ($20,000.00) dollars. The surety bond shall be renewed annually. In the event that a public utility applicant applies for a permit for road opening and/or road openings and the required security deposit fee set forth in subsection 14-1.10 exceeds said twenty thousand ($20,000.00) dollars, the public utility applicant shall file a surety bond in an amount equal to the difference between the twenty thousand ($20,000.00) dollars and the required security deposit. For all non-public utility applicants, the surety bond shall be at least one thousand ($1,000.00) dollars. A certified check for a lesser amount may be deposited, however, in the amount provided by subsection 14-1.10 for the work to be performed.
2. 
The applicant shall also pay, by separate money order, certified check, or if the applicant is a public utility, as herein defined, by a corporate check, a nonrefundable application fee and engineering fees, if necessary, as set forth in subsection 14-1.10. Applicants other than a public utility shall pay, by separate money order or certified check, a refundable escrow deposit fee for inspection and professional services as set forth in subsection 14-1.10. The unused portion of the escrow deposit shall be returned. Should the escrow deposit fee account at any time become insufficient to cover the actual or anticipated inspection and professional expenses, said fund shall be subject to increase on demand of the borough clerk.
3. 
Upon satisfactory completion of all work permitted or required under the permit for extensive openings, if the security deposit is two thousand ($2,000.00) dollars or less, the Borough of Bogota will retain one hundred (100%) percent of the security deposit as security for maintenance of said work for a period not to exceed one (1) year from the date of completion, provided that if the security deposit is in the form of a certified check, the permittee may deposit a two thousand ($2,000.00) dollar surety bond satisfactory to the borough attorney, in lieu of said certified check. If the security deposit is greater than two thousand ($2,000.00) dollars, then the borough will release or refund sixty (60%) percent or more of same, with the approval of the superintendent of public works or borough engineer, and surety bond may be deposited for the maintenance as set forth above. All bonds and certificates of insurance shall contain a provision that the same shall remain in full force and effect for a period not to exceed one (1) year after the last work under any permit has been completed and accepted by the borough.
4. 
In the case of a small opening the borough shall retain the security deposit for six (6) months after satisfactory completion of all work permitted or required under the permit, provided that if the security deposit is in the form of a certified check, the permittee may deposit a security bond in lieu of said check.
5. 
The borough shall pay from the escrow deposit fee any costs incurred by its designated representatives or professional consultants for inspection or other engineering services or legal fees required in connection with the proposed opening or excavation at the rates established.
6. 
If the applicant fails to restore the condition of all streets, sidewalks, driveway aprons, and curbs to the condition required by this section within six (6) months, as required by subsection 14-1.8, then the borough may perform the restoration and charge back to the surety bond and/or escrow deposit fee all costs incurred.
[Ord. #876, AX; Ord. #1096, SI]
a. 
Public utilities shall pay an annual fee in the amount of five hundred ($500.00) dollars which shall be due on January 1st of each year in lieu of application fees as required by this section. All other applicants shall pay an application fee of seventy-five ($75.00) dollars per street opening permit as required by this section.
b. 
Security deposit fee for guaranteeing restoration, pavement, curbing or topsoil:
1. 
Opening paved areas, curb, gutter, sidewalk, driveway:
(a) 
Base charge; twenty-five ($25.00) dollars.
(b) 
Charge for each square yard of trench opened, fifteen ($15.00) dollars.
(c) 
Charge for each square yard of paving; five ($5.00) dollars.
(d) 
Charge for each lineal foot of curb; seven ($7.00) dollars.
2. 
Opening shoulders and roadside areas:
(a) 
Base charge; twenty-five ($25.00) dollars.
(b) 
Charge for each square yard of trench opened; five ($5.00) dollars.
3. 
Boring, tunneling or driving under the road:
(a) 
Base charge; twenty-five ($25.00) dollars.
(b) 
Charge per lineal foot of boring; one ($1.00) dollar.
4. 
Notwithstanding the provisions of this section which provide for determining a security deposit fee, each applicant must post a minimum security deposit fee in the amount of five hundred ($500.00) dollars. If calculations for the security deposit fee in accordance with this section exceed five hundred ($500.00) dollars the applicant shall post that amount as calculated by the borough engineer or superintendent of department of public works.
c. 
Escrow deposit fee, engineering and legal costs:
1. 
The escrow amounts to be posted for all road openings, excavations, borings and other work is stated on the permit application shall be calculated as follows:
(a) 
Base charge, including first five (5) square yards on any trench, driveway or sidewalk opening, torn-up or excavated and including the first twenty (20) lineal feet of any curb or gutter torn-up or excavated; three hundred ($300.00) dollars.
(b) 
For all work proposed on each application that exceeds the quantities delineated in subparagraph (a) above, a work schedule shall be submitted to and approved by the superintendent of the department of public works or the borough engineer who shall estimate the total escrow deposit fee required based thereon. If, at any time during the course of the work, it appears evident to the superintendent of the department of public works or the borough engineer that the escrow deposit fee is, or will be, insufficient to cover all costs of inspection and/or other professional services, additional escrow deposit fees shall be estimated by the superintendent of the department of public works or the borough engineer and paid to the borough clerk, based on a revised work schedule to be submitted by the applicant. This procedure shall be repeated as often as necessary to guarantee sufficient escrow deposit fees being available.
2. 
Payments for the professional services from the escrow deposit fee account shall be based upon the following rates:
(a) 
Professional engineering services; ninety ($90.00) dollars per hour.
(b) 
Attorney's fees; ninety-five ($95.00) dollars per hour.
[Ord. #876, AXI]
Upon the completion of any such work, the superintendent of public works or borough engineer shall file a report on a form to be furnished for that purpose, which reports shall contain the date of completion, the amount of deposit, the cost to the borough of resurfacing the area so excavated or opened, if the same shall have been necessary, and the balance, if any, due to the applicant. Upon receipt of the report by the borough clerk, the balance due, if any, to the applicant on account of any deposit shall be forthwith returned.
[Ord. #876, AXII]
Any person, company, firm or corporation who or which shall violate any of the provisions of this section shall, upon conviction of such violation, be subject, for each offense, to the penalty stated in Chapter III, section 3-1. In case of failure to restore pavements or roads or streets as hereinbefore provided, after written notice by the borough clerk to do so, each day that such pavement, roads or street remain unrestored shall constitute a separate offense.
[Ord. 12/19/68, S1; New]
As used in this section:
a. 
Borough clerk shall mean the official authorized to issue the permits granted hereunder of the borough.
b. 
Borough inspector shall mean any one of the construction official, engineer and superintendent of the department of public works of the borough.
[Ord. 12/19/68, S2]
No person shall begin to construct, reconstruct, repair, alter, or grade any sidewalk, curb, curb-cut, driveway or driveway apron without first applying for and obtaining a permit from the borough clerk. If the proposed work is to be performed by a contractor or person other than the owner (or other person in control of the abutting premises) then in such event the application shall be made by, and the permit issued to the person proposing to perform this work. The permit shall comply with the specifications set forth in this section. The permit shall be issued by the borough clerk for such period as may be reasonably required for the completion of the work specified in the application therefore, and may be extended for such additional periods as may be reasonably necessary in the opinion of the borough inspector. The permit shall be subject to revocation if the work therein permitted is not done in accordance with this section or any defective work shall not have been promptly repaired after due notice given.
[Ord. 12/19/68, S3]
An applicant for a permit hereunder shall file with the borough clerk an application showing:
a. 
Name and address of the owner or agent in charge of the property abutting the proposed work area;
b. 
Name and address of the party doing the work;
c. 
Location of the work area;
d. 
Where the application requests a permit for new construction, rather than replacement or repair of existing construction, details of the proposed new construction, set forth on plans and specifications attached;
e. 
Estimated cost of the construction or repair;
f. 
Such other information as the borough clerk shall find reasonably necessary to the determination of whether a permit should be issued hereunder.
[Ord. 12/19/68, S4]
The owner or other person in control of the premises shall be responsible for the maintenance and repair of sidewalks, curbs, curb-cuts and driveway aprons abutting his property, and those portions of driveway aprons so abutting which are used as public ways. In the event such owner or other person in control of such premises fails to commence the repair of abutting sidewalks, curbs, curb-cuts or driveway aprons within thirty (30) days following receipt of notice from the borough inspector, that such repair is required, or to complete the repair within the time limited by the permit issued therefore, in either such event the borough may undertake to commence or complete the repair, and the cost thereof shall be payable by the abutting owner or other person in control forthwith upon the completion. A repair shall be deemed to have commenced upon application made therefore in accordance with subsection 14-2.2.
[Ord. 12/19/68, S5; New]
a. 
A fee of twenty-five ($.25) cents per lineal foot or fraction thereof shall be paid for each permit for each sidewalk, curb, curb-cut, driveway or driveway apron to be constructed, reconstructed, repaired, altered or graded; provided that the minimum fee shall be five ($5.00) dollars.
1. 
Simultaneous construction or repair. When sidewalks, curbs, curb-cuts, driveways or driveway aprons are to be constructed or repaired simultaneously, only one permit and fee shall be required.
b. 
Engineering fee. Where professional services by the borough engineer are required a reasonable fee therefore shall be paid by the permittee.
[Ord. 12/19/68, S6]
The borough clerk shall issue a permit hereunder when he finds:
a. 
The plans and specifications for the proposed work, where required, have been approved by the borough inspector, to whom they shall be forwarded by the borough clerk within a reasonable time after receipt.
b. 
The work will be done according to the standards set forth herein.
c. 
The work will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of ingress to and egress from the property affected and adjacent properties.
d. 
The health, welfare and safety of the public will not be impaired.
[Ord. 12/19/68, S7]
The following standards shall apply to construction of sidewalks:
a. 
Sidewalks shall be of concrete, showing a compressive strength of three thousand five hundred (3,500) pounds per square inch of the single course type after twenty-eight (28) days when tested under standard conditions. Sidewalks shall have a minimum width of four (4) feet unless a narrower width is advisable to preserve a tree, or because of other unusual circumstances, in which event special prior written approval by the borough inspector shall be required. Sidewalks shall have a minimum depth of four (4) inches.
b. 
All grass, roots, sod and other materials unsuitable for a foundation shall be removed together with such earth and rock as is necessary to permit the surface of the sidewalk to be laid to the proper grade.
c. 
Unless otherwise permitted, all new and replacement sidewalks shall be placed on a sub-base of coarse sand, gravel, stone or cinders not less than four (4) inches deep after compaction.
d. 
Residential zone slabs are to be four (4) feet by five (5) feet as a standard size, unless made smaller to fit special existing conditions, in accordance with the provisions of paragraph a of this subsection. The slabs shall have a one quarter (1/4) inch pitch per foot, separated from adjoining slabs by a bituminous strip, one quarter inch by four (1/4" x 4") inches extending to one quarter (1/4) inch below the finished surface of the sidewalk, or by the use of one quarter (1/4) inch steel divider plates, which shall be removed as the concrete is setting during the finishing process, leaving a one quarter (1/4) inch space between the slabs.
e. 
Business zone slabs shall be ten (10) feet by ten (10) feet and five (5) inches in thickness, as a standard size, from the curb to the property line, with a one quarter (1/4) inch pitch per foot, separated by one quarter (1/4) inch bituminous strips, or by one quarter (1/4) inch steel divider plates, which shall be removed while the concrete is setting during the finishing process, leaving a one quarter (1/4) inch space between the slabs, and shall be reinforced with six inches by six (6" x 6") inches reinforcing mesh, ten by ten (10 x 10) gauge, placed two (2) inches below the surface of the slab.
f. 
Concrete shall not be placed in the sidewalk forms until the forms have been inspected and approved for line, grade and depth by the borough inspector.
g. 
New sidewalks shall be well-rodded, wood floated, steel troweled and finished with a fine hair finish broom and the edges shall be rounded with an edging tool.
h. 
Every person constructing sidewalks shall imbed or imprint in each slab, the name of the contractor doing the work, and the month and year in which the work was completed; provided that only one end slab need be imprinted where a multislab section is poured in a single operation pursuant to a single permit.
i. 
Upon completion of construction, all sidewalks shall be protected from traffic, and from the elements for three (3) days by the placement thereon of polyethylene sheets, the use of curing compound, or by such other means as shall be approved by the borough inspector. The area adjacent to the newly constructed sidewalks shall be restored to the condition pre-existing construction of the sidewalk.
[Ord. 12/19/68, S8]
The following standards shall apply to the construction of curbs and curb-cuts:
a. 
Curbs shall be constructed of concrete showing a compressive strength of three thousand five hundred (3,500) pounds per square inch after twenty-eight (28) days when tested under standard conditions.
b. 
Curb sections shall be six (6) inches wide on top, eight (8) inches wide on the bottom, and eighteen (18) inches deep, with a seven (7) inch exposure. Each section shall be no longer than ten (10) feet.
c. 
Curb sections shall be separated by a bituminous strip, one quarter (1/4) inch below the finished surface of the curb.
d. 
Concrete shall not be placed in curb forms until the forms have been inspected and approved for line, grade and depth by the borough inspector.
e. 
Curbs shall be well-floated, top steel troweled, face wood floated and the edges shall be rounded with an edging tool.
f. 
Every person constructing curb sections shall imbed or imprint in each section the name of the contractor doing the work, and the month and year in which the work was completed; provided that only one end section need be imprinted where a multi-section is poured in a single operation pursuant to a single permit.
g. 
Upon completion of construction, all cubs shall be protected from traffic and the elements for three (3) days.
h. 
Where a curb-cut is to be made, the portion of the curb to be removed shall be broken down to a depth four (4) inches below the road surface.
[Ord. 12/19/68, S9]
The following standards shall apply to the construction of driveways and driveway aprons:
a. 
Driveway aprons shall be constructed of concrete which shall show a compressive strength of three thousand five hundred (3,500) pounds per square inch after twenty-eight (28) days when tested under standard conditions, and a minimum depth of six (6) inches; or the same may be constructed of a minimum of two (2) inch asphalt on a minimum four (4) inch crushed stone base.
b. 
All grass, roots, sod or other material unsuitable for a foundation shall be removed together with such earth and rock as is necessary to permit the surface of the driveway apron to be laid to the proper grade.
c. 
Unless otherwise permitted, all new and replacement driveway aprons shall be placed on a sub-base of coarse sand, gravel, stone or cinders, not less than four (4) inches deeps after compaction.
d. 
Concrete driveway aprons shall be separated from sidewalk slabs and curbs by a one quarter (1/4) inch bituminous strip, or by one quarter (1/4) inch steel divider plates, which shall be removed while the concrete is setting during the finishing process, leaving a one quarter (1/4) inch space between the sidewalk slab and the driveway apron.
e. 
Driveway aprons shall be well-rodded, wood floated, steel troweled and finished with a fine hair finish broom and the edges shall be rounded with an edging tool.
f. 
All driveway aprons shall be divided in half and separated by a one quarter (1/4) inch bituminous strip or by a one quarter (1/4) inch steel divider plate.
g. 
Driveway aprons in business zones shall be reinforced with six inches by six (6" x 6") inches by ten by ten (10 x 10) gauge reinforcing mesh.
h. 
The roadway edge of the driveway apron shall be installed at an elevation of two (2) inches over the mean gutter level.
i. 
Concrete shall not be placed in driveway apron forms until the forms have been inspected and approved for line, grade and depth by the borough inspector.
j. 
Every person constructing driveway aprons shall imbed or imprint in each apron the name of the contractor doing the work and the month and year in which the work is completed.
k. 
Upon completion of construction, all driveway aprons shall be protected from traffic and the elements for three (3) days by the placement thereon of polyethylene sheets, the use of curing compound, or by such other means as shall be approved by the borough inspector. The area adjacent to the newly constructed driveway aprons shall be restored to the condition pre-existing construction of the driveway apron.
[Ord. 12/19/68, S10]
During and after construction, and until such time as traffic may resume passage over the work area, the area shall be protected by the placement of suitable lights and barricades.
[Ord. 12/19/68, S11; Ord. #1125, S1]
In the event any work to be performed in accordance with the provisions of this section shall require disturbance of or damage to a shade tree, then in such event the borough inspector shall so determine and, prior to the issuance of any permit hereunder, shall refer the application to the environmental commission. The commission shall, as soon as reasonably practicable, examine the existing sidewalk, curb, curb-cut, or driveway apron and the proposed work and recommend an alternative plan of work or prescribe the method by which the least possible shade tree damage may be incurred, or, if necessary, authorize the destruction of the tree. In the event of such authorization, the contractor shall remove the tree under the supervision of the borough inspector. In the event root cutting shall be required, the contractor shall perform such work in a good and workmanlike manner, under the supervision of the borough inspector, and shall dress all cut root sections with a suitable tree healing paint or dressing.
[Ord. 12/19/68, S12]
All operations for which a permit is granted hereunder shall be under the direction and supervision of the borough inspector.
[Ord. 10/15/1895, S1]
All persons are prohibited from riding or driving horses or wagons or other animals or vehicles upon any sidewalk in the borough, excepting for the purpose of entering or leaving private property, and from damaging in any way or destroying such sidewalk or any part thereof.
[1]
Editor's Note: For further provisions regarding refuse see Section 13-19 "Mandatory Disposal of Litter and Debris," contained in Ch. XIII of the Municipal Code.
[Ord. #1121, S1]
As used in this section, the following terms have the meanings indicated:
BUSINESS OR COMMERCIAL ESTABLISHMENT
Shall mean any building, store, structure, premises, or property upon or in which is conducted, or that is used in connection with any business, trade, manufacture, enterprise, or industry, either wholesale or retail, and any residential property that is leased or rented, but that is not owner occupied. This definition applies to all such uses of property, whether or not the same shall be for profit or otherwise, that are located in the Borough of Bogota.
GARBAGE
Shall mean and include animal or vegetable matter, paper, paper products, paper or wooden boxes or containers, glass, furniture, clothing, metal, rubber, grass, leaves and branches, lumber or building materials, crockery, cardboard, rubbish, waste, ashes, and refuse, including any of the above resulting from the operation of a business or commercial establishment, including all recyclable materials. This definition shall not exclude other waste materials from coming within the definition of the stated words and shall not be a limitation.
MUNICIPAL BUILDING
Shall mean any building, structure, premises, or property used for municipal governmental purposes.
OCCUPANT
Shall mean any person, firm or corporation that shall be in actual or constructive possession of any premises in the borough.
OPERATOR
Shall mean any person, firm, or corporation that shall be operating any business or commercial establishment in the Borough of Bogota.
OWNER
Shall mean the person, firm, or corporation to whom the premises are assessed according to the assessment rolls of the borough.
SUFFICIENT
Shall mean at least one (1) receptacle for each family unit or other occupant of residential premises and at least two (2) such receptacles for each business or commercial establishment other than residential units.
SUITABLE AND PROPER
Shall mean a watertight metal or plastic receptacle with a closely fitted cover, or heavy duty plastic or polyethylene bags, provided same are watertight and properly tied, and so constructed as to prevent spilling or leakage of its contents. Such receptacles and covers shall have adequate handles and shall be kept in clean condition.
[Ord. #837, S1; Ord. #926, SS1, 2; Ord. #1121, SS1, 2]
a. 
It shall be the duty of all owners, operators, and occupants of buildings to provide sufficient, suitable and proper containers or receptacles for the holding and removal of garbage. Garbage placed at the curb for collection shall be in suitable and proper containers.
b. 
No person shall place out for collection any garbage in paper bags; all pasteboard or corrugated boxes and paper when placed out for collection shall be collapsed and securely tied.
c. 
It shall be the duty of all owners, operators, and occupants, to keep and store the required receptacles on the premises in such manner as to prevent creation of a nuisance or menace to the public health.
d. 
It shall be the duty of the owner, operator, or occupants of every business or commercial establishment or municipal building within the limits of the Borough of Bogota to provide in the rear yard area an enclosure suitable to receive and hold all dumpsters, garbage containers, boxes, paper boxes, boxes in any form, as well as any other garbage that cannot be stored or contained in garbage cans or other receptacles. If there is not sufficient room in the rear yard, then the enclosure may be located in a side yard. The enclosure shall not be unsightly and shall be large enough to accommodate the dumpsters, garbage containers, barrels, or other receptacles and the garbage that cannot be stored in garbage cans or other receptacles. The enclosures shall be opaque and of sufficient size to screen the contents from public view.
e. 
It shall be the duty of the owner, operator, or occupant of business or commercial establishments or municipal buildings in the Borough of Bogota to maintain that enclosure required by paragraph f above in good condition to prevent the spread of garbage in and about the property of the establishment, the public streets, ways and walks or any adjoining property, and to prevent the spread of annoying or noxious odors and to prevent the harboring, drawing, or attracting of insects, rodents, or other animals.
f. 
It shall be the duty of the owner, operator, or occupant of all premises to maintain all garbage cans, barrels, receptacles, containers, and enclosures in good and suitable condition. All containers should be kept at a distance of not less than five (5) feet from the adjoining property line, or any other distance, so as to not create a nuisance. Cans, barrels, receptacles, or containers that are broken, rusted, perforated, or otherwise fail to meet the requirements of this chapter shall be replaced.
g. 
It shall be the further duty of the aforesaid owners, persons in charge, and occupants, to place all trash, garbage and refuse materials, in proper and suitable containers where appropriate, for collection on the public curb or sidewalk no earlier than 4:00 p.m. on the day prior to the day scheduled for collection of said garbage, refuse or trash.
It shall be the further duty of the aforesaid owners, persons in charge and occupants to remove receptacles for said garbage, refuse or trash, from the sidewalk and curb no later than midnight on the day of collection.
h. 
In the event that due to no fault of the owner, person-in-charge or occupant, the trash, garbage or refuse placed on a public curb or sidewalk is not collected for disposal on the scheduled day, said materials may remain on the curb or sidewalk until actually collected and permitting such materials to remain on the curb or sidewalk under these circumstances shall not be a violation of paragraph g above.
i. 
Notwithstanding the penalty provisions applicable to this section, the maximum penalty for the first violation by any person of the provisions of subsection 14-14.1 shall be ten ($10.00) dollars.
[Ord. 3/10/27, S3; Ord. #1155, S1; Ord. #1181, S1]
a. 
It shall be the duty of the owner, operator, or occupant of all residential uses and business or commercial premises where garbage accumulates to the extent of more than six (6) thirty (30) gallon cans per week per residential unit or per each other business or commercial use on the premises to remove all garbage generated by the said uses at the expense of the owners, operators, or occupants of the premises. All owners, operators, and occupants who violate this provision are subject to forfeiting the right to municipal garbage pick-ups, in accordance with the provisions of subsection 14-4.10.
b. 
The borough is not obligated to pick up garbage or recyclable materials in excess of the amount set forth in subsection 14-4.3a or garbage collected in dumpsters or other similar large containers, other than suitable containers weighing less than seventy (70) pounds each when full. It shall be the duty of all owners, operators, and occupants of all premises to remove and dispose of, at their own expense, all dumpsters or other similar large containers exceeding the weight limit set forth herein.
c. 
Owners, operators, or occupants of residential, business, or commercial premises shall not deposit garbage accumulated on or in the said premises in borough litter and/or borough garbage containers located anywhere in the borough.
[Ord. 7/1/13, S5; Ord. #1155, S1]
All owners, operators, or occupants required to remove or provide for the removal of garbage under subsection 14-4.3 shall arrange for garbage and recycling pick-ups of sufficient frequency to avoid the creation of any nuisance or unsafe condition, provided that at least two (2) garbage pick-ups per week shall be the minimum frequency.
[Ord. 7/1/13, S4; Ord. #1155, S1]
All owners, operators, or occupants of all premises, except those covered by subsection 14-4.3, shall place at the curb all garbage generated on the premises in suitable and proper containers on the days designated by the mayor and council for garbage pick-ups at or after the time designated by the mayor and council in its rules and regulations as adopted from time to time for garbage collection.
[Ord. 7/1/13, S5]
No ashes, garbage, paper, rubbish, soil, or other refuse or waste materials of any kind shall be thrown or deposited upon the streets or other public place within the borough limits, except as provided.
[Ord. 3/10/27, S8]
No person shall remove any garbage or ashes unless the vehicles used for such purpose shall be of the kind and licensed in the manner hereinafter provided; nor shall such ashes or garbage be dumped or deposited in any place except as hereinafter provided. The vehicles to be used and employed for the aforesaid purposes by the remover of garbage and ashes, shall be of metal, and watertight, and shall be provided with a canvas covering, so that the whole shall be tight, and prevent the ashes, garbage or waste papers or other materials from being distributed or blown upon the streets or other places, within the borough limits. Nothing herein contained shall be construed to prohibit the removal of garbage, ashes or waste materials by any person in any vehicle owned or used by that person, provided the vehicle is enclosed or covered so as to prevent the garbage, ashes or waste materials from being distributed or blown upon the streets or other public places, within the borough limits.
[Ord. 7/1/13, S9]
No garbage, ashes or other waste material shall be dumped or deposited by the owner, driver, or other person using such licensed vehicle at any place within the borough, except such places as the borough council may designate, with the approval of the board of health.
[Ord. #800, S2; Ord. #897, SVIII; Ord. #1161, S1; Ord. #1175, S1; Ord. #1203, S1]
a. 
Subject to the rules and regulations promulgated by the mayor and council, the D.P.W. vehicles designated by the D.P.W. superintendent shall be made available to the residents of the Borough of Bogota to rent for the convenient disposal of garbage, provided that the resident files the required application and pays the rental fee of ninety ($90.00) dollars for a D.P.W. vehicle with a capacity up to three (3) yards, and two hundred ($200.00) dollars for a D.P.W. vehicle with a capacity in excess of three (3) yards. By doing so, the resident shall also agree to hold the borough harmless for any and all liability resulting from the rental of the vehicle. No rental fee will be required for: (i) active emergency service volunteers of the borough, (ii) current members of all elected and/or appointed bodies, boards, and/or commissions of the Borough of Bogota, including, but not limited to the mayor and council, the board of education, the Planning Board/Zoning Board of Adjustment, board of health, environmental commission, library board of trustees, etc., and (iii) all current employees of the Borough of Bogota who live in the borough.
[Amended by Ord. No. 11-2]
b. 
Upon rental, a designated vehicle shall be delivered by the department of public works to the resident/lessee at the time and place agreed upon.
c. 
The resident/lessee shall bear all responsibility for loading the vehicle with refuse to be carted away.
d. 
At a time agreed upon by the department of public works and the resident/lessee, the former shall remove the loaded vehicle and shall dump the refuse contained therein at a proper disposal facility.
e. 
The rental of D.P.W. vehicles authorized by this section shall only be permitted for residents of the borough for noncommercial purposes. No mandatory recyclable materials that are defined in subsection 14-5A.1 and are picked up by the borough or hazardous waste that must be disposed of at the regular B.C.U.A. hazardous waste collection days may be deposited in the rented vehicle. Any violation of this subsection shall be punishable by a fine of five hundred ($500.00) dollars and imprisonment not exceeding thirty (30) days.
[Ord. #837, S3; Ord. #1155, S2]
a. 
Any person who violates any provision of Subsections 14-4.1 to 14-4.9 shall, upon a conviction, be liable for a penalty as follows:
1. 
First offense - written warning.
[Amended 4-5-2018 by Ord. No. 1508]
2. 
Second offense - fine of not less than $100 and not more than $1,000, plus court costs.
3. 
Third and all subsequent offenses - fine of not less than $100 and not more than $1,000, plus court costs.
b. 
Each day that any violation exists or continues shall constitute a separate offense.
c. 
In addition to the penalties referred to in paragraphs a and b, any person convicted of violating the provisions of Subsection 14-4.3 on a third offense shall be obligated to provide for the removal of the garbage generated on the premises in accordance with Subsections 14-4.3 and 14-4.4 and shall forfeit the right to municipal garbage pick-up.
[Ord. #837, S2]
The fact that any of the conditions existing on any occupant's premises in the borough in violation of this section shall be prima facie evidence that the occupants of such premises are responsible for the violation.
[Ord. #837, S2]
The police department and all members thereof and the superintendent of public works and the health officer and the sanitary inspector shall have the right to issue summons to all persons violating this section.
[Ord. 12/19/74, S1]
As used in this section:
a. 
Newspapers shall mean and consist of discarded newspapers and other discarded printed matter including magazines and other matter printed on paper.
[Ord. 12/19/74, S2]
Each person using the borough garbage and refuse collection services of the borough shall separate from the other refuse any and all newspapers and such newspapers shall be separately tied with rope or twine in bundles of not less than ten (10) pounds nor more than fifty (50) pounds sufficiently secure to permit handling in such bundles. Each person using the municipal disposal system for the disposal of such newspapers or newsprint shall place the bundles at his front curb between the sidewalk area and the front curb not earlier than 7:00 p.m. of the day preceding the day which may be prescribed by the mayor and council for the municipal collection of garbage and refuse on said block or later than 8:00 a.m. of the day and no newspapers as the same are defined in this section shall be included in or disposed of as a part of the solid waste municipal pick up of the borough.
[Ord. 12/19/74, S2]
Nothing in this section shall be deemed to prohibit any person from separating his newspapers from his refuse or garbage as herein required and, in lieu of the disposal of such newspapers by means of the municipal disposal system, disposing of these newspapers by the sale or gift thereof to any other persons or organization other than the borough, except that in such case such newspapers shall not be deposited at the municipal curb.
[Ord. 12/19/74, S3]
Upon the disposal of any and all newspapers at the curb as herein provided, the same shall thereupon immediately become the property of the borough, and it shall be unlawful for any person or persons, other than those authorized by the mayor and council or the duly authorized refuse collectors of the borough, to pick up, take, or otherwise remove these newspapers.
[Ord. 2/25/88; SI; Ord. #974, SI; Ord. #1102, SI]
a. 
Used newspaper shall be deemed to include paper of the type commonly referred to as newsprint and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded, however, are all magazines or similar periodicals as well as all other paper periodicals of any nature whatsoever.
a-1. 
Used magazines shall be deemed to include paper of the type commonly referred to as magazine print and distributed at stated intervals, usually weekly or monthly, having printed thereon magazine articles, news and opinions and containing advertisements and other matters of public interest. Time, Newsweek, Ladies Home Journal, and similar periodicals are all magazines for the purpose of this definition. Magazines may be placed at the curb on the dates and times as newspapers but must be bundled separately.
b. 
Aluminum shall mean recyclable aluminum cans and other articles made of aluminum such as lawn chairs, cooking utensils, etc.
c. 
Glass shall mean all products made from silica or sand, soda ash and limestone which are transparent or translucent and used for packaging or bottling of various matter and all other materials commonly known as glass; excluding, however blue and flat glass commonly known as window glass.
d. 
White goods shall mean refrigerators, stoves, washing machines, dryers, hot water heaters, dishwashers and bedsprings.
e. 
Cardboard shall mean corrugated cardboard such as the type used in boxes, shipping containers and commercial packaging.
f. 
Ferrous shall mean nonaluminum materials of iron or steel which may be attracted by a magnet. This shall include cans as well as small scrap items.
g. 
Yard waste shall mean and include leaves and grass clippings.
h. 
Plastic container shall mean any hermetically sealed, or made airtight with a metal or plastic cap, container with a minimum wall thickness of not less than 0.010 inches, and composed of thermoplastic synthetic polymeric material.
i. 
Reusable container shall mean a twenty (20) gallon plastic container (preferably made with recycled materials) that has holes drilled or preformed in the sides near the bottom and may or may not have a handle. Such containers shall not have lids while at curbside. Recycled glass shall be placed in a similar container but such container is not to exceed seven (7) gallons. All other recyclables may be stored in containers up to but not to exceed twenty (20) gallons.
j. 
Regulations shall mean and include such rules, implementation dates, schedules of times and such other requirements promulgated by the superintendent of the department of public works and approved by the borough council as may be necessary to carry out the purposes and objectives of this section.
k. 
Roofing shingles shall mean all types and weights of asphalt and asphalt derivatives utilized in the manufacturing of roofing shingles and materials.
l. 
High grade office paper shall mean such items as computer paper, tab cards, white letterhead, ledger and non-glossy copier paper.
m. 
Household generated batteries shall mean any type of button, coin, cylindrical, rectangular or other shaped, enclosed device or sealed container consisting of a combination of two (2) or more voltaic or galvanic cells, electrically connected to produce electric energy, composed of lead, lithium, manganese, mercury, mercuric oxide, silver oxide, cadmium, zinc, copper or other metals, or any combination thereof, and designed for household use, including any alkaline-manganese, lithium, mercuric oxide, silver oxide, zinc-air or zinc-carbon battery, nickel-cadmium rechargeable battery or sealed lead rechargeable battery.
[Ord. 2/25/88, SI; Ord. #1102, SI]
All persons, except those physically disabled, who are owners, lessees and occupants of residential property in the borough shall separate used newspapers, cardboard, aluminum (cans or scrap), ferrous materials (cans or scrap), glass bottles, plastic containers, household batteries and yard waste from any other trash and garbage produced by any such residences and shall separately bundle or package same for pickup, collection and recycling, in accordance with all applicable requirements of this section or any other regulations of the borough.
[Ord. 2/25/88, SI; Ord. #1102, SI]
All separated recyclables shall be placed for pickup, collection and recycling in strict conformity with the following regulations:
a. 
Used newspapers shall be separated and secured in bundles or placed in bags; not to exceed twelve (12) inches in height. Such bundles shall not be contained in plastic bags.
b. 
Cardboard shall be separated and secured in bundles or placed in bags or corrugated boxes; not to exceed twelve (12) inches in height and three (3) square feet one (1) foot by three (3) feet in area.
c. 
Aluminum shall be separated, cleaned, flattened (if cans) and secured in suitable reusable containers supplied by the owner, lessee or occupant. NOTE: Only full containers shall be placed at curbside for pickup.
d. 
Glass containers shall be cleaned, separated, by color, and contained in suitable reusable containers supplied by the owner, lessee or occupant. Labels and metal cap rings, if any, shall be removed. NOTE: Only full containers shall be placed at curbside for pickup.
e. 
Ferrous material shall be cleaned, separated and secured in suitable reusable containers supplied by the owner, lessee or occupant. NOTE: Only full containers shall be placed at curbside for pickup.
f. 
Plastic containers shall be cleaned, separated by color, and contained in suitable reusable containers supplied by the owner, lessee or occupant. Labels and metal cap rings, if any, shall be removed. NOTE: Only full containers shall be placed at curbside for pickup.
g. 
Leaves shall be separated from the waste stream between the months of September 1 through December 31 each year and placed in the street along the curb for pickup. Said leaves may not be placed in plastic bags.
h. 
Grass clippings shall be separated and secured in suitable reusable containers supplied by the owner, lessee or occupant.
i. 
Household generated batteries are to be separated and secured in suitable containers supplied by the owner, lessee or occupant in accordance with the borough regulations.
[Ord. 2/25/88, SI]
The superintendent of the department of public works shall promulgate reasonable regulations establishing the commencement dates for mandatory separation of recyclables and the manner, dates and times for the collection of same in accordance with the terms of this section. Any such regulations promulgated by the superintendent of the department of public works shall be approved by the borough council and may be changed, modified, repealed or amended in whole or in part by majority vote of the borough council. A copy of such regulations promulgated by the superintendent of the department of public works, as approved, modified or amended, shall be available for public inspection at the office of the borough clerk during regular office hours.
[Ord. 2/25/88, SI; Ord. #1206, S1]
White goods shall be picked up and collected once each month on the days or day designated by the superintendent of public works, in accordance with the rules and regulations adopted by the mayor and council.
[Ord. 2/25/88, SI]
Garbage shall be picked up and collected twice each week on days to be designated by the superintendent of the department of public works. The presence of any recyclable material in said garbage shall be cause for nonpickup and the garbage will remain uncollected until such material has been removed.
[Ord. 2/25/88, SI]
Trash other than recyclable materials designated in subsections 14-5A.2 or 14-5A.3, shall only be picked up and collected once each month on a day to be designated by the superintendent of the department of public works. No recyclables will be picked up or collected on this day and any such material placed at curbside for pickup or collection will be left behind.
[Ord. 2/25/88, SI]
From the time of placement at the curb for pickup, collection and recycling, recyclables shall be the property of the Borough of Bogota or its duly authorized agent. No person or group not authorized by the Borough of Bogota shall collect or pickup or cause to be collected or picked up any such recyclables. Each collection or pickup of recyclables in violation hereof from any one or more residences shall constitute a separate and distinct offense.
[Ord. 2/25/88, SI]
No provision herein shall be construed to prohibit groups or individuals who shall be authorized by the superintendent of the department of public works from collecting or picking up recyclables at curbside or otherwise in such manner and under such terms and conditions as shall be prescribed by the superintendent. No such collection or pickup shall conflict or interfere with pickup and collection by the borough and its duly authorized agent(s).
[Ord. 2/25/88, SI]
Any commercial, mercantile or industrial establishment generating more than three (3) cubic feet of garbage or trash, both recyclable and nonrecyclable, shall not be eligible to receive municipal service and shall be required to engage the services of a private hauler or carter to remove and dispose of same. Notwithstanding the foregoing, nothing in this provision shall preclude voluntary disposition of recyclables by said establishment at the borough recycling center.
[Ord. 2/25/88, SI; Ord. #974, SII]
All entities including but not limited to commercial, mercantile, and/or industrial establishments who are utilizing the services of a private hauler and/or carter to remove and/or dispose of their garbage and/or trash are required no later than the 15th day of the month to submit detailed reports substantiated by the weight slip or transmittals from the respective markets to the borough clerk indicating the quantity of recyclable material collected. The borough shall establish uniform reports to the public which shall identify the materials:
a. 
In quantities of pounds, tons, gallons, cubic feet or any other appropriate form of weight measurement; and
b. 
Specific recyclable including but not limited to motor oil, food rendering, tires, asphalt material or as otherwise defined by this section.
[Ord. 2/25/88, SI]
The superintendent of the department of public works or his duly authorized designee, is hereby designated and authorized as the enforcement office of this section.
[Ord. 2/25/88, SI]
Any person, firm or corporation who shall violate or fail to comply with any provision of this section or of any regulation promulgated pursuant thereto, shall, upon conviction thereof, be punished by a fine not to exceed one hundred ($100.00) dollars except, however, failure to comply with subsections 14-5A.2 or 14-5A.3, and any rules and regulations issued pursuant thereto, shall result in the issuance of a warning notice and will be cause for not picking up or collecting the garbage or trash in question.
[Ord. 2/25/88, SI]
The position of recycling coordinator is hereby established to effectuate, as the designee of and as may be required by the superintendent of the department of public works, the requirements of this section as well as the requirements of the N.J. Mandatory Statewide Source Separation and Recycling Act.
[Ord. 2/25/88, SI]
In addition to an on-going educational program to inform the public of, among other things, the need for and benefits of recycling, a quarterly accounting of the recycling program, including tonnage collected, monies earned and dollars saved, will be provided the residents of the Borough of Bogota.
[Ord. #1063, SI]
The mayor and council shall, from time to time, designate a location within the limits of the borough, a recycling center wherein borough residents may deposit and dispose of recyclable materials as defined by this section. The mayor and council shall be authorized to prescribe rules and regulations for the use of the recycling center, said rules and regulations to be properly posted at the site. The use of the recycling center shall be limited to residents of the Borough of Bogota. Use of the recycling center by nonresidents shall be deemed a violation of this section.
[Ord. #1063, SI]
The hours of operation of the recycling center are hereby designated as follows:
7: 00 am. to 6:00 p.m.
Monday
7:00 a.m. to 3:00 p.m.
Tuesday - Friday
8:00 a.m. to 2:00 p.m.
Saturdays, except that the Recycling Center shall be closed the last Saturday of every month.
Any deposit or disposal of any recyclable materials or any other materials at the recycling center during hours other than as set forth above, shall be deemed a violation of this section.
[Ord. #1063, SI]
Any person who deposits, disposes of or otherwise places any materials, not authorized by the mayor and council or their designee to be deposited, disposed of or placed at the recycling center shall be deemed to be in violation of this section.
Notwithstanding the penalty provision contained in subsection 14-5A.13, any person, firm or corporation who shall violate or fail to comply with any provisions of subsections 14-5A.16, 14-5A.17 and 14-5A.18 shall be subject to the penalties set forth in Chapter 3-1 of the Borough Ordinances.
[Ord. #930, S1; Ord. #933, S1]
No construction trailer, demolition container, refuse bin, dumpster, or other receptacle for the collection of rubbish or debris shall be placed upon any street or sidewalk of the Borough of Bogota, without obtaining a permit therefor issued by the Building Inspector of the Borough of Bogota.
[Ord. #930, S1; Ord. #933, S1]
a. 
Any person desiring a permit under this article shall take written application therefor to the building inspector, specifying: the exact proposed location of such construction trailer, dumpster, container or other receptacle; the size and capacity thereof; the name and address of the applicant and the owner of the abutting property; the length of time that said use is required; and such other information as may be required by the building inspector.
[Ord. #930, S1; Ord. #933, S1]
a. 
All demolition containers, refuse bins, dumpsters and receptacles shall bear an identification number assigned by the State, and the name, address, and telephone number of the person responsible therefor.
b. 
All construction trailers, demolition containers, refuse bins, dumpsters and receptacles which remain on the public street or sidewalk during the hours between the sunset of one day and sunrise of the next day shall be equipped with suitable reflectors or other warning devices as may be required by the building inspector. Such reflectors shall be capable of reflecting motor vehicle headlights at a distance of five hundred (500) feet and, at a minimum, shall consist of one (1) reflector and one (1) four (4) foot by four (4) inch distinct vertical stripe at each corner.
c. 
Construction trailers adjacent to the public sidewalk must also have a floodlight attached to that side of the trailer facing the sidewalk area and shall be kept burning from sunset to sunrise.
[Ord. #930, S1; Ord. #933, S1]
a. 
Areas beneath and surrounding any construction trailer, demolition container, refuse bin, dumpster or other receptacles for which a permit is required hereunder shall be kept clean at all times and shall be broom-cleaned immediately after the removal of such trailer, container or dumpster.
b. 
Such demolition containers, refuse bins, dumpsters and receptacles shall not be filled higher than four (4) inches from the top edge.
c. 
Such demolition containers, refuse bins, dumpsters and receptacles containing refuse shall be kept covered when not being loaded or unloaded so that none of the material therein shall fall or be blown onto streets or private property.
[Ord. #933, S1]
a. 
Trailers shall be stabilized and leveled with proper type supports so as to render it safe for the occupants.
b. 
Stairway from trailer shall be secured, stable and of adequate height for trailer. Stairs shall have proper type and size handrails.
c. 
All utility connections shall be made by utility and a licensed person. The usual permit shall be required for any utility connection.
[Ord. #930, S1; Ord. #933, S1]
a. 
The application for a permit for a demolition container, refuse bin, dumpster or the receptacles shall be accompanied by a fee of ten ($10.00) dollars per day.
b. 
The application fee for construction trailer shall be twenty ($20.00) dollars per month, for a maximum period of six (6) months. After six (6) months, a new permit must be applied for.
c. 
The Building Inspector may, in his discretion, require an indemnity deposit not to exceed five hundred ($500.00) dollars to reimburse the borough for the cost of any extraordinary clean-up or repairs which may be incurred by the borough as a result of the use permitted.
d. 
The Bogota Police Department shall inspect the location before and after placement to determine whether the use has caused any damage and shall report to the building inspector regarding same.
a. 
The building inspector may in his discretion revoke or refuse to issue a permit if it deems same to constitute a danger to public safety or an unwarranted interference with the efficient movement of traffic. The building inspector shall refer an application for a permit under this section to the chief of police or his designee for his comments as to traffic safety prior to issuance of a permit, providing that such referral shall not delay action upon the application for more than three (3) working days.
b. 
No permit shall be issued permitting placement of a demolition container, refuse bin, dumpster or other receptacle:
1. 
Within five (5) fee of any driveway without the consent of the owner of the driveway; or
2. 
In such a manner so as to block or impinge upon more than one-third (1/3) of the width of the street or roadway upon which it is placed.
c. 
During the time period from November 15th to March 31st the building department may refuse to issue a permit due to weather conditions.
d. 
No permit shall be issued for any demolition container, refuse bin, dumpster or other receptacle under this section unless same complies with the safety criteria set forth in 16 CFR 1301 et seq.
e. 
The building inspector may revoke a permit for any of the reasons set forth herein and if the construction trailer or receptacle in question is not removed within twenty-four (24) hours after notification, may arrange to have the same removed and stored at the owner's cost and expense.
f. 
If the building inspector shall at any time determine that an emergency situation exists with regard to any such construction trailer or receptacle, he may remove same without notice and at owner's expense.
[Ord. #930, S1; Ord. #933, S1]
The provisions of this article are not intended to apply to recreation trailers; nor shall it apply to containers that are commonly used for residential garbage collection, or to household trash, bundled newspapers or recyclable materials which have been placed at the curb for pick-up.
[Ord. #950, SI]
a. 
Leaves shall mean those materials naturally formed from trees and bushes that are suitable for composting and/or mulching purposes.
b. 
Solid waste shall include all solid waste, garbage, grass clippings, refuse, trash, etc., usually disposed of under the municipal garbage contract and normally placed for yard pick-up by residents of the Borough of Bogota for usual collection at regular intervals.
[Ord. #950, SII; Ord. #1000, SI]
In accordance with the regulations promulgated and issued by the superintendent of the department of public works of the Borough of Bogota, it shall be mandatory for all persons, except those physically disabled, who accumulate leaves to separate same from municipal solid waste and to place said leaves at curbside for collection in accordance with this section at a scheduled interval, particular to that specific geographical area of the Borough of Bogota, as hereinafter developed and amended by the superintendent of public works or any other agency of the Borough of Bogota.
[Ord. #950, SIII]
All persons shall accomplish these obligations contained in the previous subsection in strict conformity to the following regulations:
a. 
The use of any and all plastic container bags, in conjunction with actual leaf collection by the borough of Bogota, is prohibited.
b. 
All leaves must be separated from municipal solid waste generated within the Borough of Bogota, and, as a consequence, are prohibited from inclusion in the regular curbside collection of municipal solid waste.
[Ord. #950, SIV]
a. 
Strict adherence to all requirements contained herein or regulations to be promulgated notwithstanding, any person may choose to compost and/or mulch their particular leaves on site for their personal horticultural benefit providing such activities have no adverse consequence to health and safety codes currently governing such activity and that such alternate means of disposal are accomplished at no cost to the Borough of Bogota.
b. 
At the option and expense of persons required to separate leaves from municipal solid waste, said leaves may be brought to the leaf composting facility under contract with the Borough of Bogota.
[Ord. #950, SV]
This section shall be enforced by the borough administrator, borough clerk, by the DPW Superintendent, by the departments of health, police and any such other employees or departments of the Borough of Bogota, as designated in writing by the clerk.
[Ord. #950, SVI]
Any person who violates any provision of this section, as well as regulations issued pursuant thereto, shall upon conviction thereof, be fined in an amount not to exceed fifty ($50.00) dollars, with each violation constituting a distinct and separate offense. The penalties for failure to comply with this section will commence one (1) month after the effective date of separation and collection set forth in subsection 14-7.2 herein. During this period every effort will be made to acquaint all affected persons of the need for and the requirements of this legislation: further, new residents of the Borough of Bogota will be informed of the provisions of this section by appropriate departments of the Borough of Bogota at the time of issuance of a certificate of occupancy on their particular dwelling.
[Ord. #950, SVII]
If any subsection or provision of this section shall be held invalid in any court, the same shall not affect the other subsections or provisions of this section, but shall be confined in its effect to the section, sentence or other part of this section directly involved in the controversy in which such judgment shall have been rendered.
[Ord. #1377, S8.1]
The Municipal Council of the Borough of Bogota hereby declares its intent to regulate, in a manner consistent with the interests of the citizens of the Borough of Bogota, the location, use and placement of portable storage units. No portable units may be used or operated before a permit for the same is issued.
[Ord. #1377, S8.2]
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
Shall mean the Borough of Bogota in the County of Bergen, State of New Jersey.
PERSON
Shall mean any individual, person, firm, partnership, association, corporation, company or organization of any kind.
PORTABLE STORAGE UNIT
Shall mean any container, with or without wheels, designed for the outdoor storage of personal property which is rented to owners or occupants of property for their temporary use and which is delivered and removed by vehicle.
PORTABLE STORAGE UNIT COMPANY
Shall mean any type of business entity engaged in the portable storage unit rental business.
SITE
Shall mean a piece, parcel, tract, or plot of land occupied by one or more buildings.
USER
Shall mean the owner or occupant of property entering into an agreement with a portable storage unit company for the placement of a portable storage unit on a site located in the borough.
[Ord. #1377, S8.3]
a. 
Portable storage units may only be used in connection with moving, new construction of building renovation and may be temporarily located only on single-family, two-family, multiple-family and/or commercial or industrial sites. Portable storage units may not be used for habitation. In no event shall portable storage units be located in the right-of-way, obstruct any sidewalk or obstruct full public safety access.
b. 
In the case of single-family or multiple-family sites containing less than four (4) residential units, portable storage units shall be placed in the rear yard to the extent possible, and if not in the rear yard, only in the driveway, front yard or side yard. Portable storage units placed in the front yard or side yard must be placed at least ten (10) feet from the front lot line and to the extent possible shall be located behind footprint of main structure. Portable storage units shall not impede traffic visibility or interfere with the site triangle of the property and shall not impede the right-of-way. Location shall not abut sidewalk and may not impede accesses of emergency services to the property.
c. 
In the case of multiple-family sites in excess of four (4) residential units, commercial or industrial sites, portable storage units shall be placed only in allotted parking spaces on the site.
[Ord. #1377, S8.4]
The portable storage units shall be no wider than eight (8) feet, no longer than eighteen (18) feet and no higher than ten (10) feet from grade.
[Ord. #1377, S8.5]
a. 
A site permit is required for the placement of a portable storage unit at a site, which permit shall be valid for period of thirty (30) days. The user of the site may apply for an additional thirty (30)-day permit in any twelve-month period running from the date of issue of the permit.
b. 
Application for the site permit shall be made to the building department by the user, on a form provided by the borough. The user shall pay a fee of fifty ($50.00) dollars to the building department for each permit. Permits shall include the name, address and telephone number of the owner of the portable storage units.
c. 
In the event unforeseen catastrophic damages due to events outside the control of a homeowner such as flood, fire, wind or tree damage, the homeowner may apply to the mayor and council for an additional thirty (30)-day permit which shall be granted for good cause only. Each additional thirty (30)-day application shall be heard by the mayor and council and determined on its own merits and the cost of each permit pursuant to this subsection shall increase each month by fifty ($50.00) dollars. Example, the first permit (days 60—89) pursuant to this paragraph shall be one hundred ($100.00) dollars. The second extension days (90—119) shall be one hundred fifty ($150.00) dollars and so on.
[Ord. #1377, S8.6]
Each portable storage unit shall have reflectors on both the front and rear surfaces for night safety in such a manner as to indicate the height and width of the same.
[Ord. #1377, S8.7]
a. 
The property owner shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks.
b. 
When in use, the portable storage unit shall be kept locked.
c. 
The user of any site on which a portable storage unit is placed shall be responsible for ensuring that no hazardous materials as defined at 49 CFR 171; hazardous substances as defined at 40 CFR 302; extremely hazardous substances as defined at 40 CFR 355; hazardous chemicals as defined at 29 CFR 1910; hazardous waste as defined at 40 CFR 260-281, or as such regulations may from time to time be amended, are stored or kept within the portable storage units.
[Ord. #1377, S8.8]
a. 
No person shall place any portable storage unit at any location in the Borough of Bogota except in compliance with the provisions of this section.
b. 
It shall be unlawful for a portable storage unit to remain at a site in excess of the time periods permitted under this section.
c. 
Any person who violates any provision of this section shall, upon conviction be subject to the penalty stated in Chapter III, section 3-1. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. #1377, S8.9]
This section shall be enforced by all the agents of the Borough of Bogota.