[Ord. 6-1965, S 1; Ord. No. 2015-17; amended 3-13-2023 by Ord. No. 2023-10]
a.
No person shall excavate, test drill or disturb any public street
or road surface or curbing or sidewalks within the right-of-way of
any street or road in the Borough, including all sidewalks, streets
and roads in private developments not a part of the Borough street
system at the time of excavation, but where it is contemplated that
application will subsequently be made to have the streets or roads
become a part of the Borough road system, for the purpose of laying,
changing, repairing or connecting any water, gas, sewer pipe, storm
drain or any electric, telephone or telegraph pipes or conduits, or
for any other purpose whatever without first having obtained a permit
from the Borough Clerk after approval by the Director of the Department
of Public Works ("Director"). In the event of emergency where repairs
must be made immediately, and the person charged with the responsibility
for making the repairs would be unduly delayed in seeking a permit,
the excavation may be made for the purpose of stopping a leak or interruption
in service of the utility. As soon as the leak or interruption in
service has been repaired, and an emergency no longer exists, the
person having made the excavation shall forthwith apply for a permit
and comply with all the other provisions of this section. In emergency
matters and in the absence of the Clerk, a permit may be issued by
the Mayor or Councilman in charge of Borough streets. The power to
regulate excavation and construction in the public streets is contained
in N.J.S.A. 40:67-1. The power to provide specifications for street
and sidewalk construction is part of the general police power, N.J.S.A.
40:48-2.
b.
In cases where a street has been paved in the direction of the Borough
within the last eight years, the extent of repairs may be significantly
greater, and may include extensive milling and repaving to return
the street to the condition it was in prior to the opening. The bonding
required in these cases shall reflect the need for additional work.
c.
Recently paved streets. The Borough, in an attempt to preserve the integrity of recently paved streets, will not issue a street opening permit for a street that has been paved in the last eight years, except in an emergency or under extraordinary conditions. In cases where a street permit is issued on a street paved within the last eight years, the bond or cash posted shall not be less than $2,500, and the fee shall be 100% more than indicated in § 10-2.
d.
The Borough shall have the authority to require curb-to-curb repaving
where the Director deems it necessary.
e.
The Borough shall have the authority to require infrared paving where
the Director deems it necessary.
[Ord. 6-1965, S 2; Ord. No. 2015-17]
Any person desiring a permit shall file with the borough clerk,
or other designated official in the event of emergency, a signed application
containing the following information.
a.
The name and address of the applicant.
b.
The purpose for which the opening is to be made.
c.
A clear description of the location of the proposed opening.
d.
Three complete copies of the plans and specifications showing the
work contemplated to be done, and indicating clearly the section of
street which the applicant desires to open. Three complete "as built
plans" shall be filed if any changes are made from the original plans.
e.
The length, width and depth of the proposed opening.
f.
The outside diameter of all proposed manholes.
g.
The estimated date of commencement and the estimated date of completion
of the proposed work. These estimates may be based on past experience
in doing similar work. In the event of unforeseen circumstances beyond
the control of the applicant, the applicant may apply for an extension
of the completion date.
h.
The approximate cost of backfilling, tamping and repaving work in
all cases where a bond is to be furnished.
i.
An agreement in writing to hold the borough harmless from any loss,
injury or damage whatsoever resulting from the course of construction,
whether directly or indirectly connected with the work, or from any
negligence or fault of the applicant, his agents, servants, representatives
or contractors in connection with the performance of the work covered
by the plans.
j.
Except as provided in section 10-4, relative to New Jersey Public Utility Corporations, the applicant shall, as part of each application, annex thereto a certificate by his liability insurance carrier acceptable to the borough, showing that he has liability insurance, during the period required for the proposed improvement in the following minimum amounts.
k.
Except as provided in section 10-3, relative to New Jersey Public Utility Corporations, the applicant shall, as part of each application, annex thereto a certificate showing that the applicant is covered by Workmen's Compensation during the period required for the proposed improvement.
l.
The NJ
dig number shall be provided prior to the start of work.
[Added 3-13-2023 by Ord. No. 2023-10]
m.
An agreement
to be invoiced for any work done by the Borough to bring the street
repair and paving to the Borough Inspector or Borough designee’s
approval.
[Added 3-13-2023 by Ord. No. 2023-10]
n.
Online
applications shall be permitted. In the case of online applications,
only one set of plans shall be required.
[Added 3-13-2023 by Ord. No. 2023-10]
[Ord. 6-1965, S 3; Ord. No. 2015-17]
Shall include the applicant's agents, servants, representatives
and any contractors employed by him.
[Ord. 6-1965, S 4; Ord. No. 2015-17]
The applicant shall, within 24 hours of excavation, continue construction, installation, or repair of any installation as detailed in subsection 10-1.2(d). Where the excavation will be open more than 48 hours, clearance and permission shall be received in writing from the borough superintendent of streets. No excavation shall be started on a Thursday or Friday unless it can be completed and the surface restored by 6:00 p.m. Friday, emergencies excepted.
[Ord. 6-1965, S 5; Ord. No. 2015-17]
The applicant shall keep all openings and all excavated material
properly guarded and shall place and maintain warning lights of adequate
nature to warn the public from one hour before sunset to one hour
after sunrise. No portion of the street or curbing shall be left open
at one time in excess of 500 linear feet.
[Ord. 6-1965, S 6; & New; Ord. No. 2015-17]
No excavation may be made between 6:00 p.m. Friday to 7:00 a.m.
Monday.
At all times during the course of construction one-half of the
street shall be open for public travel, unless the applicant provides
and marks to the satisfaction of the borough police, a suitable detour.
The applicant shall, at all times, be required to make provisions
for local residents. On weekdays from 7:00 a.m. to 6:00 p.m., during
the course of the construction and when at least one-half of any road
is made impossible to travel, the contractor shall provide a flagman
or uniformed personnel to direct
[Ord. 6-1965, S 7; Ord. 2005-1, S 1; Ord.
No. 2015-17]
The borough engineer, or borough representative, shall inspect
the work periodically to insure compliance with this section. An applicant
under this section shall give the borough engineer or borough representative
48 hours notice of excavation so that inspections of the work may
be scheduled. The applicant shall pay the cost of inspections by the
borough engineer or borough representative to the borough, whether
such inspections are the periodic inspections by the engineer or special
inspections called for by appropriate borough officials. Inspection
charges should be unnecessary or minimal, if the applicant complies
with the provisions of this section.
[Ord. 6-1965, S 8; Ord. No. 2015-17]
All work performed shall be done within the time scheduled in subsection 10-1.2(g). If the applicant does not comply with this schedule, or if in the judgment of the borough superintendent of streets he keeps open and unrepaired any portion of the work for an unreasonable time, the street may be refilled and repaired by the Borough of Flemington at the expense of the applicant upon two days' notice having been given to the applicant.
[Ord. 6-1965, S 9; Ord. No. 2015-17]
If dust, dirt or other detrimental material continues to arise
as a result of the work or neglect of the applicant, his agents, contractors
or representative, or if a nuisance is, in opinion of the borough
superintendent of streets, caused by the actions of any parties, the
superintendent may stop the work until the situation complained of
is eliminated. Streets shall be kept broom clean. If dust persists,
streets may be required to be hosed clean.
[Ord. 6-1965, S 10; Ord. No. 2015-17]
No blasting shall be allowed, unless approved by the borough
engineer. All work shall be conducted so as not to interfere with
existing utilities, water mains, sewer lines, gas pipes, or electrical
or telephone conduits, or the service connections thereof, and in
the event of injury to such utilities it shall be the duty of the
applicant, at his own expense, to properly repair and replace and
otherwise correct the damage. The applicant shall not at any time
come closer than three feet to any utility line without the permission
and supervision of the respective utility concerned. Such utility
pipes shall be protected and temporarily supported as directed by
the utility company's representatives, or borough engineer inspecting
the excavation.
[Ord. 6-1965, S 11; Ord. No. 2015-17]
Where test holes are drilled not exceeding nine square inches,
such holes shall be filled with hot tar to street level within 72
hours of repair of leak or other utility damage.
[Ord. 6-1965, S 12; Ord. No. 2015-17]
Where holes or excavations exceed nine square inches, the applicant
or his contractor shall:
a.
Fill with quarry blend or other suitable backfill material as approved
by the borough engineer to within ten inches of the existing street
surface. The excavation shall be tamped sufficiently to keep future
settlement to a minimum, such tamping to be as directed by the borough
engineer or his representative.
b.
Duplicate the existing surfaces with like surfacing material to conform
with the existing street surface, road surface, curbing, sidewalk
areas and grass plantings.
c.
Replace all damaged or broken drain pipes or conductors, either through
the street or from buildings and residences to the street.
[Ord. 6-1965, S 13; Ord. No. 2015-17]
All asphalt or macadam surface streets shall be cut in straight
lines with a pavement cutter. All concrete surface streets shall be
cut in straight lines with a saw or air-compressor drill.
a.
Pending the actual repaving operation stated in subsection 10-1.12, the applicant may use a temporary fill in the excavation of such material as may be directed by the superintendent of streets or borough engineer to the end that no loose stones, mud or dirt may impede the flow of traffic. The borough may, at any time, require any irregularity in the surface to be taken care of immediately.
b.
The applicant assumes the responsibility of refilling the excavation
as it may sink from time to time, and keeping it level with the balance
of the street surface.
c.
After repavement, the applicant shall be under the duty of maintaining
the excavation for a period of 18 months, and assumes the responsibilities
of refilling the excavation as it may sink. In case of undue settlement,
the borough engineer, in his judgment, shall direct the applicant
to open the excavation to ascertain the cause of the undue settlement
and to remedy the same as required by the borough engineer. All engineering
costs will be charged to the applicant.
[Ord. 6-1965, S 14; Ord. No. 2015-17]
a.
Defined as: Directional drilling, piercing tools, hogs, moles, missiles,
water boring equipment, auger boring equipment including pipe jacking,
plowing or insertion or pipe splitting.
b.
No tunneling or trenchless technology shall be permitted within the
Borough of Flemington when the intended path crosses a road right-of-way
or public easement.
c.
Special permission may be granted when extraordinary circumstances
exist. Applicant must submit plans signed and sealed by a New Jersey
Licensed Professional Engineer depicting the proposed trenchless technology
or tunneling path to the Director of Public Works for his review.
All plans shall be prepared utilizing horizontal and vertical datum
NAD 83 and NAVD 88 respectively. Upon his review the director of public
works in conjunction with the Borough Engineer may grant permission
with any conditions they feel appropriate to ensure safety and compliance.
d.
Fees. An applicant seeking special permission due to extraordinary
circumstances must submit a nonreturnable fee of $250.00 for the Borough
Engineer and Director of Public Works to review the application. Upon
review, if permission is granted, the Borough Engineer and Director
of Public Works may request a bond to be held by the Borough of Flemington
to cover any inspection fees and/or damages that may be incurred by
the Borough of Flemington in conjunction with the tunneling or trenchless
technology. The amount of the bond shall be determined by the estimated
inspection hours that may be necessary to ensure compliance.
[Ord. 6-1965, S 15; Ord. No. 2015-17]
It shall be the responsibility of the applicant to dispose of
all surplus materials from the excavation.
[Ord. 6-1965, S 16; Ord. 17-1984; Ord. 14-1994, SS1, 2; Ord.
1997-15, S 1; Ord. 3-1999, S 1; amended 3-13-2023 by Ord. No. 2023-10]
The fee for such permit shall be $75.00 per opening for four
or more multi-family residences, garden apartments, commercial properties
and utilities and $100.00 for single-family through three multi-family
residences, plus an escrow of $600.00. For public utilities, the fee
shall be $300.00 plus an escrow amount to be determined by the Director.
Such fee shall be due and payable at the time the application is made
to the Borough Clerk. In addition to the foregoing, four or more multi-family
residence, garden apartment, commercial property and utility applicants
will be responsible for reasonable engineering and inspection fees,
as set forth in the following schedule:
a.
Any opening area less than 100 square feet or greater: $250.00.
b.
Any opening area 100 square feet or greater: $250.00, plus $70.00
for each additional 100 square feet of opening area or percentage
thereof.
c.
A three-foot width shall be used for purposes of determining the
inspection fee only.
d.
All applicants; single family residences, multi-family residences,
garden apartments, commercial properties and utilities, shall also
deposit a bond with the borough clerk for each permit in an amount
to be determined by the borough engineer. The bond may be posted in
cash or in lieu of cash by way of a surety bond issued by a responsible
bonding company licensed to do business in the State of New Jersey
in a form acceptable to the borough clerk. Corporations subject to
regulation by the Board of Regulatory Commissioners may file a corporate
bond on a yearly basis in the amount of $5,000.00.
[Ord. 6-1965, S 17; Ord. 14-1994, SS 1, 2]
All work prosecuted pursuant to a permit issued hereunder shall be subject to acceptance and approval in writing by the superintendent of streets or the borough engineer. For sidewalk repair and replacement, all bonds posted pursuant to section 10-2 shall be released or returned upon the above written approval. For all work other than sidewalk repair and replacement, all bonds posted pursuant to section 10-2 shall be released or returned not sooner than 18 months after the above approval and then only upon the written certification by the superintendent of streets or the borough engineer that the work has remained in a satisfactory condition for the 18 months.
[Ord. 22-1996]
It shall be the duty of the owner or owners of land abutting
the sidewalks and curbs within the borough to maintain such in reasonable
repair at the owner's proper costs and expense and in accordance with
the standards and specifications contained in this section.
[Ord. 22-1996]
Notwithstanding an owner's responsibility to maintain the curbs
and sidewalks abutting the improvement, the property maintenance inspector
of the Borough of Flemington or borough engineer may certify to the
borough council that any sidewalks and curbs are in need of construction,
repair, alteration, relaying or maintaining, and that the expense
of said construction, repairing, altering, relaying or maintaining
shall be borne by the landowners abutting the improvement.
[Ord. 22-1996]
The borough council, upon receipt of the certification set forth in subsection 10-4.2 hereof, shall determine the necessity of said improvement, and, if it deems that said improvement is necessary, it shall by resolution, cause a notice in writing to be served upon said abutting owners or occupants of said lands, requiring the necessary specified work to said curb and/or sidewalk to be done by the said owner or occupant within a period of not less than 30 days from the date of service of such notice.
Whenever any said abutting lands are unoccupied and the owner
cannot be found within the municipality, the same may be mailed, postage
prepaid, to his or her post office address, if the same can be ascertained.
In the event that such owner is a nonresident of the municipality
or his or her post office address cannot be ascertained, then the
notice may be inserted for four weeks, once a week, in the same newspaper
published in the state and circulating in said municipality.
Proof by affidavit of service of such notices shall be filed
within ten days thereafter with the officer in charge of the tax liens
of the borough.
In the event that the owner or occupant of such abutting lands
shall not comply with the requirements of said notice, it shall be
lawful for the property maintenance inspector of the municipality,
to cause the work required to be done and paid for out of municipal
funds available for that purpose. The cost of such work shall be certified
by the property maintenance inspector to the department or person
having charge of the collection of assessments in such municipality.
Upon filing the said certificate of costs, the amount of the cost
of such work shall be and become a lien upon the said abutting lands
in front of which such work was done, to the same extent that assessments
for local improvements are liens in the municipality, and shall be
collected in the manner provided by law for the collection of such
other assessments and shall bear interest at the same rate. In addition
thereto, the municipality may commence, in any court having competent
jurisdiction thereof, an action against the owner of said lands to
recover said amount.
a.
All sidewalks shall be constructed, laid and maintained at a width
of four feet except in the Main Street business district between Mine
Street and Capner Street, where the said walks shall be from the front
wall of the building to the curb of the street.
b.
All sidewalks shall be at least four inches thick and any and all
sidewalks laid over driveways shall be six inches thick, with reinforcement.
c.
All sidewalks shall be according to the mixture and method of laying
the same at the various times of the year, and the same shall be constructed
in accordance with the specifications on file with the borough clerk.
d.
All sidewalks shall be laid in accordance with the plans of the borough
engineer.
e.
All sidewalks shall be curbed or re-curbed with curbs of concrete
18 inches deep, which shall be eight inches wide at the top and nine
inches at the base or Belgian block curb as determined by the borough,
and all curbs shall be composed and formed in accordance with the
specifications on file with the borough clerk.
f.
No person or persons or corporations shall permit any discharge of
roof or surface water on the surface of the sidewalks in the borough,
but such water shall be piped underneath the same, and in the construction
of said sidewalks plans shall be made therefor.
All improvements herein provided for, as nearly as practicable,
shall conform to the grade and lines established by this borough and
approved by the borough engineer, and all work performed shall be
done in a good and workmanlike manner to the standards prescribed
herein and to the reasonable satisfaction of the borough street supervisor
or borough engineer.
Where the construction or repair work herein provided for is
performed by the borough, it shall be done under the supervision of
the borough engineer or street supervisor, and all materials used
for said improvements where the work is done by the borough shall
be inspected and approved by such supervisor.
Shade trees shall be planted in locations designated by the
borough council or shade tree commission. If any sidewalk is replaced,
repaired, maintained, or newly constructed, where a shade tree is
designated to be planted, then a tree grate shall be installed by
the abutting landowner in accordance with the following standards
and specifications. However, the installation of a tree grate shall
not be required for residential properties unless specifically required
by the borough engineer.
Where sidewalk is extended to the curb, cast iron tree grates
as indicated shall be installed around newly planted trees in accordance
with the specifications. Whenever sidewalk is replaced, repaired or
maintained around or near an existing tree deemed to be in adequate
health to remain by the shade tree commission, then a cast iron grate
as indicated shall be installed around the existing tree in accordance
with the specifications. However, the installation of a tree grate
shall not be required for residential properties unless specifically
required by the borough engineer.
Nothing contained herein shall be construed to relinquish a
landowner's primary responsibility for the maintenance and repair
of any curb and/or sidewalk abutting the landowner's property.
a.
Pursuant to P.L. 2021, c. 395,[1] it shall be lawful for any person who is at least 21 years
of age to consume open containers of alcoholic beverages outdoors
in the following areas:
1.
Stangl Road between Church Street and Mine Street, but only in those
areas that are delineated, designed and/or partitioned for use as
outdoor seating or dining areas or for social activities (said areas
commonly referred to and defined herein as "parklets"), or on the
sidewalks abutting or immediately adjacent to said areas, as well
as on the roadway or portions thereof which have been sufficiently
closed to vehicular traffic and reserved exclusively for pedestrian
use. Such permitted consumption of open containers shall be limited
to Fridays between the hours of 4:00 p.m. and 11:00 p.m., Saturdays
between the hours of 1:00 p.m. and 11:00 p.m., and Sundays between
the hours of 1:00 p.m. and 8:00 p.m.
[1]
Editor's Note: See N.J.S.A. 33:1-24.4 et seq.
b.
A "parklet" is defined as an area over parking spaces adjacent to
a sidewalk area upon which tables, chairs, umbrellas, landscaping,
benches, and other accessory components may be placed to create an
enhanced pedestrian experience for the general public and patrons
of retail businesses, offering an area where one might sit, rest,
recreate, socialize and/or indulge in an open air dining and beverage
experience. No parklet shall exist within the Borough of Flemington
without the permission of the Borough.
c.
Notwithstanding the provisions of this section, the sale of alcoholic
beverages for consumption in an open container area shall be subject
to the provisions of Title 33 of the Revised Statutes of the State
of New Jersey, rules and regulations promulgated by the Director of
the Division of Alcoholic Beverage Control, and all other municipal
ordinances.
d.
This section does not, and is not intended to, confer any greater
rights upon a holder of an ABC license or permit than that permitted
by the Division of Alcoholic Beverage Control itself, or any law,
rule, or regulation regarding alcoholic beverage licenses and permits.
