[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excavations in streets has been repealed and replaced in entirety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:
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:
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.
[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:
[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; amended 5-19-2022 by Ord. No. 1576]
The following standards shall apply to the construction of driveways
and driveway aprons:
a.
Driveway aprons shall be constructed of either concrete or concrete
pavers.
1.
If the driveway apron is constructed out of concrete, the concrete
must show a compressive strength of 3,500 pounds per square inch after
28 days when tested under standard conditions. The concrete must have
a minimum depth of six inches, with an additional minimum four-inch
crushed stone base.
2.
If the driveway apron is constructed out of concrete pavers, then
the pavers must have a minimum three-inch base consisting of crushed
stone and paver sand with a total compressive strength of 3,500 pounds
per square inch.
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.
Concrete driveway aprons shall be separated from sidewalk slabs and
curbs by a 1/4 inch bituminous strip, or by one-quarter-inch steel
divider plates, which shall be removed while the concrete is setting
during the finishing process, leaving a one-quarter-inch space between
the sidewalk slab and the driveway apron.
d.
Concrete 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.
e.
All driveway aprons shall be divided in half and separated by a 1/4
inch bituminous strip or by a 1/4 inch steel divider plate.
f.
Concrete driveway aprons in business zones shall be reinforced with
six inches by six inches by 10 by 10 gauge reinforcing mesh.
g.
The roadway edge of the driveway apron shall be installed at an elevation
of two inches over the mean gutter level.
h.
Neither concrete nor concrete pavers shall be placed in driveway
apron forms until the forms have been inspected and approved for line,
grade and depth by the borough inspector.
i.
Upon completion of construction, all driveway aprons shall be protected
from traffic and the elements for three 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:
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.
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.
Shall mean any building, structure, premises, or property
used for municipal governmental purposes.
Shall mean any person, firm or corporation that shall be
in actual or constructive possession of any premises in the borough.
Shall mean any person, firm, or corporation that shall be
operating any business or commercial establishment in the Borough
of Bogota.
Shall mean the person, firm, or corporation to whom the premises
are assessed according to the assessment rolls of the borough.
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.
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.
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:
[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:
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7: 00 am. to 6:00 p.m.
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Monday
|
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7:00 a.m. to 3:00 p.m.
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Tuesday - Friday
|
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8:00 a.m. to 2:00 p.m.
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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.
[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:
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:
Shall mean the Borough of Bogota in the County of Bergen,
State of New Jersey.
Shall mean any individual, person, firm, partnership, association,
corporation, company or organization of any kind.
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.
Shall mean any type of business entity engaged in the portable
storage unit rental business.
Shall mean a piece, parcel, tract, or plot of land occupied
by one or more buildings.
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]
[Ord. #1377, S8.9]
This section shall be enforced by all the agents of the Borough
of Bogota.
