[Ord. No. 527]
The purpose of this section is to regulate any disturbance of
Borough roads and rights-of-way by any person, corporation, utility
or agency to promote safety, public health, protection of private
and public property, the convenience and general welfare of the public
and the Borough of Peapack and Gladstone.
[Ord. No. 527]
As used in this section:
Shall mean person, corporation, utility or agency intending
to disturb the Borough right-of-way and/or operate utility lines within
the right-of-way.
Shall mean the Borough of Peapack and Gladstone.
Shall mean all work completed in accordance with the permit
and Borough Ordinances as determined by the Borough or authorized
representative of the Borough.
Shall mean the person or firm constructing a part or all
of the improvements. The applicant shall be considered a contractor
if it participates in the execution of the work.
Shall mean electric, gas, sewer, water or other utility mains
or service connections owned by franchised utility companies or private
interests.
[Ord. No. 527]
No disturbance of Borough rights-of-way, including, but not
limited to, pavements, drainage facilities, curbs, sidewalks and shoulder/grass
areas, shall be made unless a road opening permit is obtained from
the Borough.
Applications and permits shall be issued by the Borough Clerk.
[Ord. No. 527]
Proposed installations or modifications approved by way of formal submission to the Borough Planning Board, and covered by a developer's agreement, do not require a permit. The prohibition of street openings within three years of regrading or acceptance of a new road set forth in Subsection 15-1.6b, and the Design and Construction Standards, Subsection 15-2.16 still apply.
Adjustment and modification of overhead utility lines do not
require a permit, unless poles or other structures are to be relocated
or added.
Any work by others under contract with the Borough, by Borough
forces or by the Sewer Utility does not require a permit.
Repairs in connection with the one-year guarantee required by
this section require a permit, but fees will be waived by the Borough.
Emergency work by electric, water, sewer or other franchised
utilities to repair limited and localized damage does not require
a permit. However, the other provisions of this section shall apply.
[Ord. No. 527]
a.
A sketch, site plan or project plan as applicable shall be submitted
showing the following:
1.
Key map showing project location.
2.
Centerline of road, right-of-way lines, edges of pavement, curbs,
drainage, facilities, swales, intersection(s), driveway(s), hydrant(s),
utility pole(s), known underground facilities and other features relevant
to the design and construction of the project within fifty (50')
feet of the proposed improvements.
3.
Details of the proposed installations or alterations including plan
and profile views.
4.
Technical specifications.
b.
Insurance certificates as required by this section.
c.
Performance bond or deposit as required by this section.
d.
Permit fee required by this section.
e.
Completed application form signed and dated by the applicant.
f.
Estimate of the value of the restoration work within Borough right-of-way,
including trench backfill, pavement replacement, curb and sidewalk
replacement, lawn restoration and any other work related to Borough
property.
[Ord. No. 527; Ord. No. 850; Ord. No.
940-10 § 1; Ord. No. 1024-2016]
a.
Upon filing of a complete application, required documentation, bonds
and fees to the satisfaction of the Borough, the application shall
be accepted for review. The application shall be reviewed by the Construction
Official and/or Borough Engineer or other person designated by the
Council. A determination shall be made within fourteen (14) days following
submission of a completed application.
Major projects or other projects, referred to the Borough Engineer
or other Borough consultants, will require an extension of time for
processing of the application at the discretion of the Borough.
b.
No permit shall be issued to open the pavement of any road which
has been constructed or reconstructed for a period of five (5) years
from the date of completion of said construction except in the event
of an emergency; and no permit shall be issued to open the pavement
of any road which has been resurfaced for a period of three (3) years
from the date of completion of said work except in the event of an
emergency.
[Ord. No. 1024-2016]
c.
Any person or entity including a public utility, which is denied
a street opening permit may appeal the denial to the Mayor and Council.
The provisions of paragraph b. notwithstanding the Mayor and Council
may grant a street opening permit in emergent situations for the purposes
of public health, safety and welfare, or if the denial thereof creates
a documented hardship for a private person or entity, however, temporary
delay in the development of property alone shall not constitute such
a hardship.
d.
All sidewalk opening permits shall be conditioned on the applicant
returning the sidewalk to the same condition it was in prior to the
opening, including using materials of the same type, quality, and
color as the original sidewalk, and restoring and reseeding any grass
or plantings disturbed by the sidewalk opening. All work shall be
performed in a workmanlike manner to the satisfaction of the Borough
Engineer.
[Ord. No. 527]
The applicant shall take out and maintain, at his own expense,
during the life of this Contract such Public Liability and Property
Damage Insurance as shall protect him, the Borough and the Engineer,
and their employees, officers and agents and any subcontractor performing
any work, including blasting, trucking and teaming, from claims for
damages for personal injury, including accidental death, as well as
from claims for property damages which may arise from his operations,
whether such operations be by himself or by any subcontractor or by
anyone directly or indirectly employed by either of them. The amounts
of such insurance shall be as follows:
a.
Public Liability Insurance. An amount not less than five hundred
thousand ($500,000.00) dollars for injuries including accidental death
to any one person, and in an aggregate amount of one million ($1,000,000.00)
dollars for one accident involving more than one person.
b.
Property Damage Insurance. An amount not less than one hundred thousand
($100,000.00) dollars for damages on account of any one accident and
in the amount not less than two hundred fifty thousand ($250,000.00)
dollars for damages on account of all accidents.
c.
Automobile Liability Insurance. An amount not less than five hundred
thousand ($500,000.00) dollars for injuries, including accidental
death, to any one person and subject to the same limit for each person
in an amount not less than one million ($1,000,000.00) dollars on
account of one (1) accident.
[Ord. No. 527]
The applicant shall pay, indemnify and save harmless the Borough,
its employees, agents, or servants from all suits, actions, demands,
claims, losses, damages, expenses, and/or costs of every kind and
description to which the Borough may be subjected or put by reason
of injury, including death, to persons or property, resulting from
the manner or method employed by the applicant, his employees, agents,
or servants, or subcontractors or from any neglect or default of the
applicant, his employees, agents, or servants, or subcontractors,
and whether such suits, actions, demands, claims, losses, damages,
expenses, and/or costs be against, sustained, or suffered by the Borough,
its employees, agents, or servants, or be against, sustained, or suffered
by other corporations and persons to whom the Borough, its employees,
agents, or servants, may become liable therefor.
[Ord. No. 527]
The issuance of a permit under this section will require the
payment of the owner of one hundred ($100.00) dollars.
Permit applications referred by the Borough to the Borough Engineer
will require additional fees based upon the current per diem engineering
hourly rates for the Borough. In the case of major projects, the Borough
may require the posting of an escrow for the compensation of the Borough
Engineer.
[Ord. No. 527]
The applicant shall furnish, with the application for the Road
Opening Permit, a deposit or performance bond in the amount of one
hundred (100%) percent of the value of public improvements or alterations
within the public right-of-way, but not less than five hundred ($500.00)
dollars. The bond or deposit shall be released when the work described
in the permit is completed.
[Ord. No. 527]
The applicant shall guarantee all public right-of-way improvements
and alterations to the Borough of Peapack and Gladstone for a period
of one (1) year from the date of completion, and shall make all needed
repairs on the work during the one (1)-year guarantee period. The
applicant shall post a maintenance bond for the period of the same
amount as the performance bond or deposit. If defects are not corrected
or show continued occurrence, an extension of the bond will be required
for another year at the discretion of the Borough.
[Ord. No. 527]
Upon completion of the work, the applicant shall periodically
inspect and continuously maintain in proper working order its utility
lines without danger to the public or damage to other properties.
[Ord. No. 527]
Where the strict application of this section would result in
peculiar and exceptional practical difficulties to, or exceptional
and undue hardship upon the applicant, the Borough Council, upon an
application or appeal relating to such property, may grant a waiver
of the design and construction standard from such strict application
of this section so as to relieve such difficulties or hardship, provided,
however, that no waiver or other relief may be granted hereunder which
would create any substantial public danger or substantial public inconvenience.
No variance or other relief may be granted under the terms of this
section unless such waiver or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and purpose of this section.
Waiver from particular design standards must be requested in
writing at the time of application.
When a waiver is requested, the usual time to process the application
will be extended at the discretion of the Borough. The Borough Council
may seek the assistance of the Borough Engineer or other consultants
prior to acting on the waiver.
[Ord. No. 527]
Any person or persons, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
In addition to the above, the person, firm or corporation may
be subject to all costs relating to the restoration of the disturbed
area to its original state.
[Ord. No. 527]
a.
These specifications shall apply to all work related to the reconstruction,
altering or improvement of Borough facilities within the public right-of-way.
b.
Specifications for materials and methods of construction shall be
New Jersey Department of Transportation (NJDOT) Standard Specifications
for Road and Bridge Construction and shall apply for items of work
not described herein.
c.
Pavement Cutting. Pavement shall be saw-cut and removed at least
one (1') foot from the edge of the required excavation.
d.
Excavation. Excavated materials shall be temporarily stockpiled using
side areas as much as possible. Trenches shall not remain open overnight
or on idle days except in emergencies and in such cases shall be protected
with barricades, lights and adequate metal plates securely anchored
where vehicular or pedestrian traffic must be maintained.
Material shall be stockpiled so as to not divert stormwater
with resulting damage to public or private property.
e.
Backfill. All trenches in Borough roadways shall be backfilled completely
with quarry process stone.
f.
Paving. Trenches shall be restored with five (5") inches of stabilized
base and two (2") inches of FABC top, placed flush with the existing
adjacent pavement. Methods of construction shall be in accordance
with NJDOT specifications.
g.
Curb and Sidewalks. Curb shall be minimum six (6") inches face and
eighteen (18") inches high and constructed of concrete, belgian block
or granite as determined by the Borough. Sidewalks shall be concrete
and shall not be narrower than three (3') feet and have a minimum
thickness of four (4") inches. Methods and materials shall be in accordance
with NJDOT specifications.
h.
Grading and Restoration of Side Areas. Regrading and restoration
of areas behind the curb or otherwise remote from the travelled way
shall result in topography and surface cover equal to or better than
that encountered before construction.
i.
Drainage. All work performed in connection with the road opening
shall be done in such a fashion as to maintain or improve existing
drainage patterns.
j.
Erosion and Sedimentation Control. The site shall be maintained at
all times so as to control erosion and siltation of soil. In controlling
sedimentation and erosion, the applicant shall be guided by the New
Jersey Standards for Soil Erosion and Sedimentation Control, and the
Somerset-Union Soil Conservation District Regulations.
k.
Coordination. The contractor and applicant shall coordinate their
activities with all parties affected by the proposed alterations or
improvements, including, but not limited to, utilities, Borough departments
and property owners. The contractor shall have utilities locate their
lines, and test pits, if necessary, shall be excavated.
l.
Changes in the Work. The applicant must obtain approval from the
Borough for any changes in the work affecting Borough improvements
within the right-of-way.
m.
Maintenance and Protection of Traffic. The contractor shall proceed
with the work in such a manner as to maintain traffic. Police, fire
and emergency equipment must be able to pass and service all areas
at all times. Fire hydrants on or adjacent to the work shall be kept
accessible for fire apparatus and no material or obstruction shall
be placed within ten (10') feet of any such hydrant. Detours
or temporary closings shall be arranged with the Borough Police Department
in advance of the work.
The contractor shall erect and maintain barricades, danger signals,
and warning signs at work sites, closed roads, intersections and other
places of danger to traffic or to completed work. Each barricade shall
be provided with flashing signals not more than five (5') feet
apart and not less than three (3) signals shall be used. Obstructions
such as stored materials, equipment and excavations, shall be marked
with not less than two (2) flashing signals which shall be visible
to traffic and shall be placed not less than two (2') feet above
the adjacent roadway carrying traffic. The signals shall be lighted
from sunset to sunrise.
The contractor shall provide sufficient watchmen and directors
of traffic and shall take all necessary precautions for the proper
protection of the work and the safety of the public. The contractor
shall erect direction or detour signs as directed by the Police Department.
n.
Project Schedule. A schedule indicating the phases of the work and
the date of commencement and completion shall be supplied. The schedule
shall be updated when changes are anticipated through the course of
the work.
[Ord. No. 529]
The purpose of this section is to regulate driveway locations,
access, design, construction and maintenance to promote safety, public
health, convenience and general welfare of the public and the Borough.
[Ord. No. 529]
As used in this section.
Shall mean the Borough of Peapack and Gladstone.
Shall mean the person or firm constructing a part or all
of the improvements. The owner shall be considered a contractor if
it participates in the execution of the work.
Shall mean face of exiting curb along frontage of the owner.
Shall mean private lane connected to a Borough road for the
purpose of providing motor vehicle access to and within private property.
Shall mean edge of shoulder or pavement furthest from the
centerline of the Borough street and along the frontage of the owner.
Shall mean owner of property served by proposed driveway
improvements.
Shall mean all work completed in accordance with the permit
and Borough Ordinance as determined by the Borough or authorized representative
of the Borough.
[Ord. No. 529]
No driveway or lot entrance connected to public right-of-way
may be constructed or altered unless the owner obtains a driveway
permit from the Borough.
Applications and permits shall be issued by the Construction
Official.
[Ord. No. 529]
Proposed driveways approved by way of formal submission to the Borough Planning Board do not require a permit. However, the Design and Construction Standards, subsection 15-2.16, still apply with regard to driveway design and construction.
Minor repairs of existing driveways within Borough rights-of-way
do not require a permit. Minor repairs are defined as sealcoating
and bituminous concrete overlays of one (1") inch thickness or less.
Work within paved portions of the traveled way or on the shoulder
of Borough roads requires a permit.
Repairs or other driveway alterations completely within private
property do not require a driveway permit, unless such modifications
will indirectly affect the Borough right-of-way.
Repairs in connection with the one (1)-year guarantee required
by this section do not require a permit, however, notice in writing
is required prior to commencement of this work.
[Ord. No. 529]
The maximum number of driveways permitted from a lot to any
road shall be limited as follows, except under conditions where the
safety and/or convenience of the general motoring public is impaired.
Such conditions shall be determined and specified by the Borough Zoning
Officer/Construction Official upon receipt of advice of the Borough
Engineer.
|
Length of Lot Frontage
(in feet)
|
Maximum Permitted Number of Driveways
|
Minimum Spacing
|
|---|---|---|
|
150 or less
|
One driveway
|
— —
|
|
More than 150'
|
Two driveways
|
50'
|
[Ord. No. 529]
a.
A sketch or site plan shall be submitted showing the following:
1.
Centerline of road, property line, gutterline and direction of gutter
flow.
2.
Driveway locations, width and proposed route along the entire length
of the driveway and intersection with Borough road. Locations of edge
of pavement, gutters, curblines, catch basins, hydrants, manholes,
utility poles, other driveways and additional features important to
driveway design within fifty (50') feet of either edge of the
proposed driveway.
3.
On any driveway, where existing lot grades exceed eight (8%) percent,
a profile of the driveway showing existing and proposed centerline
grades and elevations for its entire length shall be required.
4.
The type of storm drainage to be constructed along the driveway and
at the driveway intersection with the Borough road, such as, dish-type
gutter, pipe or other means. Size of pipe or gutters, grades, elevations,
typical cross-sections, construction details, and any other information
deemed necessary by the Borough for the proper review of the installation
shall also be shown.
b.
Insurance certificates, as required by this section.
c.
Performance bond or deposit, as required by this section.
d.
Permit fee, as required by this section.
e.
Completed application form, signed and dated by the owner.
f.
Cost estimate of work within right-of-way.
g.
Request for waiver of any particular design or construction standard
and reason for waiver request.
h.
Any other information deemed by the Borough or its authorized representative
to be necessary for review of the application shall be completely
and clearly shown.
[Ord. No. 529]
Upon filing of a complete application, required documentation,
bonds and fees to the satisfaction of the Borough, the application
shall be accepted for review. The application shall be reviewed by
the Construction Official and if necessary by the Borough Engineer.
If the application is of such a nature that it is referred to the
Borough Engineer, additional fees will be required to review the application.
A determination shall be made within fourteen (14) days following
submission of a completed application.
[Ord. No. 529]
The applicant shall take out and maintain, at his own expense,
during the life of this Contract such Public Liability and Property
Damage Insurance as shall protect him, the Borough and the Engineer,
and their employees, officers and agents and any subcontractor performing
any work, including blasting, trucking and teaming, from claims for
damages for personal injury, including accidental death, as well as
from claims for property damages which may arise from his operations,
whether such operations be by himself or by any subcontractor or by
anyone directly or indirectly employed by either of them. The amounts
of such insurance shall be as follows:
a.
Public Liability Insurance. An amount not less than five hundred
thousand ($500,000.00) dollars for injuries including accidental death
to any one person, and in an aggregate amount of one million ($1,000,000.00)
dollars for one (1) accident involving more than one (1) person.
b.
Property Damage Insurance. An amount not less than one hundred thousand
($100,000.00) dollars for damages on account of any one (1) accident
and in the amount not less than two hundred fifty thousand ($250,000.00)
dollars for damages on account of all accidents.
c.
Automobile Liability Insurance. An amount not less than five hundred
thousand ($500,000.00) dollars for injuries, including accidental
death, to any one (1) person and subject to the same limit for each
person in an amount not less than one million ($1,000,000.00) dollars
on account of one (1) accident.
[Ord. No. 529]
The applicant shall pay, indemnify and save harmless the Borough,
its employees, agents, or servants from all suits, actions, demands,
claims, losses, damages, expenses, and/or costs of every kind and
description to which the Borough may be subjected or put by reason
of injury, including death, to persons or property, resulting from
the manner or method employed by the applicant, his employees, agents,
or servants, or subcontractors or from any neglect or default of the
applicant, his employees, agents, or servants, or subcontractors,
and whether such suits, actions, demands, claims, losses, damages,
expenses, and/or costs be against, sustained, or suffered by the Borough,
its employees, agents, or servants, or be against, sustained or suffered
by other corporations and persons to whom the Borough, its employees,
agents, or servants, may become liable therefor.
[Ord. No. 529]
The issuance of a driveway permit will require the payment by
the owner of fifty ($50.00) dollars.
Permit applications referred by the Borough to the Borough Engineer
will require an additional fee based upon the current per diem engineering
hourly rates for the Borough.
[Ord. No. 529]
The applicant shall furnish, with the application for the driveway
permit, a deposit or performance bond in the amount of ten (10%) percent
of the value of the improvements within the public right-of-way but
not less than two hundred ($200.00) dollars. The bond or deposit shall
be released when the work described in the permit is completed.
[Ord. No. 529]
The applicant shall guarantee all right-of-way improvements
to the Borough for a period of one (1) year from the date of completion,
and shall make all needed repairs on the work during the one (1)-year
guarantee period.
[Ord. No. 529]
The owner shall assume the responsibility for routine maintenance
of improvements constructed under the permit. Such activities shall
include, but are not limited to, mowing, landscape maintenance, cleaning
of gutters, culverts and drainageways. The improvements shall be maintained
so their intended function is not impeded.
[Ord. No. 529]
Where by reason of exceptional narrowness, shallowness, or shape
of a specific piece of property, or by reason of exceptional topographic
conditions, or by reason of other extraordinary or exceptional situation
or condition of such piece of property, the strict application of
this section would result in peculiar and exceptional practical difficulties
to, or exceptional and undue hardship upon the owner of such property,
the Borough Council, upon an application or appeal relating to such
property, may grant a waiver of the design and construction standard
from such strict application of this section so as to relieve such
difficulties or hardship, provided, however, that no waiver or other
relief may be granted hereunder which would create any substantial
public danger or substantial public inconvenience. No variance or
other relief may be granted under the terms of this section unless
such waiver or other relief can be granted without substantial detriment
to the public good and will not substantially impair the intent and
purpose of this section.
Waiver from particular design standards must be requested in
writing by the owner at the time of application.
When a waiver is requested, the usual time to process the application
will be extended at the discretion of the Borough. The Borough Council
may seek the assistance of the Borough Engineer or other consultants
prior to acting on the waiver.
[Ord. No. 529]
Any person or persons, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
In addition to the above, the person, firm or corporation may
be subject to all costs relating to the restoration of the disturbed
area to its original state.
[Ord. No. 529]
a.
Site Distance Required. Any driveway shall be designed in profile,
grading and location to permit the minimum clear site distance of
ten (10') feet for every mile per hour of the posted speed limit,
measured in each direction along the intersecting road. The measurement
shall be from the driver's seat of a vehicle standing on that
portion of the exit driveway with the front of the vehicle a minimum
of ten (10') feet behind the curbline or the edge of the shoulder
of the intersecting road and a height of eye of 3.75 feet and top
of object 4.0 feet above the road pavement.
b.
Grades. To assure access of vehicles, grading shall be designed and
constructed to prevent dragging of the vehicle undercarriage. The
maximum change in grades shall be no more than seven (7%) percent.
Abrupt changes in grades of not greater than five (5%) percent shall
be maintained within the right-of-way. Outside the right-of-way the
maximum grade for unpaved driveways shall be eight (8%) percent and
fifteen (15%) percent if the driveway is paved.
c.
Angle of Approach. All driveways constructed shall intersect, to
the extent possible, perpendicular to the existing road pavement or
traveled way. Any curved or angular approach of the driveway for aesthetic
or topographical reasons shall be accomplished outside of the road
right-of-way.
d.
Width of Driveways.
|
At Curb of Gutterline
|
Elsewhere
|
|---|---|
|
Minimum 13 feet
|
10 feet
|
|
Maximum 25 feet
|
24 feet
|
e.
Turnaround. A turnaround shall be included in the design of all proposed
driveways if the total length of the driveway is greater than one
hundred (100') feet.
f.
Erosion. All driveways shall be constructed and maintained at all
times in such a manner as to prevent erosion of soil. Water and silt
shall be prevented from washing onto roads and obstructing road gutters,
catch basins, ditches or pipe drains.
g.
Ditches and Drainage. All driveways shall be constructed so as not
to interfere with the drainage along the existing road pavement or
travelled way. Under no circumstances shall the driveway be allowed
to extend beyond the edge of the existing curb or gutter line at an
elevation creating a hump or uneven driving surface on the pavement
or travelled way or shoulder.
h.
Water Flow. The construction of a properly sized dish-type gutter
will be permitted, provided that the existing water flow will not
be blocked, altered or changed in any manner. Diversion of stormwater
on adjacent properties or to the right-of-way is prohibited.
i.
Culverts or Piping Required. The installation of a suitable sized
reinforced concrete pipe or culvert will be required in the event
that the existing flow line or ditch cannot be crossed with a shallow
dish-type gutter. The size of the pipe or culvert required shall carry
stormwater flows expected and be of sufficient strength to support
the heaviest vehicle permitted on the Borough road.
j.
Intersecting Roads. Where a site from which a proposed driveway exits
occupies a corner of two (2) intersecting roads, no driveway entrance
or exit shall be located within twenty-five (25') feet of the
point of tangency of the existing curb or gutterline radius.
k.
Prohibited Locations. No entrance or exit driveway shall be located
within ten (10') feet of another driveway on another property.
l.
Utility Installations. No driveway shall be located so as to interfere
with existing utility installations. Arrangements to move utility
installations are the responsibility of the owner. Utilities shall
be contacted by the owner, if any work is proposed, that will interfere
or otherwise affect the installations.
m.
Pavement. All driveways within the Borough shall be paved within
twenty-five (25') feet of the gutter or curbline. Driveways shall
have a minimum base course of three (3") inches of bituminous stabilized
base pavement and compacted and a minimum surface course of two (2")
inches (compacted thickness) of fine aggregate bituminous concrete
Type I-5. All materials shall comply with New Jersey Department of
Transportation Standard Specifications for Road and Bridge Construction,
1989 Edition, and all amendments and revisions thereto.
n.
Design and construction of all improvements shall conform to the
New Jersey State Department of Transportation Standard Specifications
for Road and Bridge Construction, 1989 Edition, unless specifically
modified by provisions of this section.
o.
The Design and Construction Standards of the Road Opening Ordinance
as applicable shall apply to all work done under the Driveway Permit.
p.
Permanent reflectors or guide posts may be required at ends of drainage
pipes or culverts, if within the right-of-way.
q.
Driveways shall be designed so as to prevent the washing of mud,
gravel, leaves or other debris into the right-of-way.
r.
If work will require driveway relocation or alteration such that
a length of depressed curb or no curb will occur for which there is
no driveway, this section of curb shall be constructed or reconstructed
to match the existing adjacent installations. Abandoned pavements
within the right-of-way shall be removed.
s.
Bare areas shall be seeded and mulched or sodded and sufficient erosion
protection measures taken to prevent washing of soil and debris into
public catch basins.
[1]
Editor's Note: Former Section 15-3, Removal of Snow from
Sidewalks, previously codified herein and containing portions of Ordinance
Nos. 378 and 692 was repealed in its entirety by Ordinance No. 717.
[Ord. No. 274 § 1]
As used in this section.
Shall mean the Borough of Peapack and Gladstone in the County
of Somerset in the State of New Jersey.
Shall mean the Borough Engineer of the Borough of Peapack
and Gladstone.
Shall mean Standard Specifications for Road and Bridge Construction
of the New Jersey State Highway Department dated 1989 and revisions
thereof.
[Ord. No. 274 § 2]
No road, street or highway to be hereafter improved or constructed
by any subdivider, corporation, individual or other entity shall be
accepted for maintenance by the Borough unless plans and specifications
prepared in compliance with the requirements hereinafter set forth
are approved by the Engineer and such road, street or highway is thereafter
improved or constructed in accordance with such plans and specifications
and the requirements hereinafter set forth.
[Ord. No. 274 § 3]
a.
Prior to the construction of any road within the Borough, plans shall
be submitted for review to the Engineer.
b.
Plans shall be on standard twenty-four by thirty-six (24" x 36")
inch sheets. They shall be prepared by a licensed Professional Engineer
of the State of New Jersey. The horizontal scale shall be not less
than one (1") inch equals fifty (50') feet. The plans shall show
a plan view at the top of the sheet and its corresponding profile
directly below it. Plans shall show existing features, grades and
all trees over twelve (12") inches in diameter within the right-of-way.
Plans shall show fifty (50') foot stations, complete curve data
of the centerline, and all proposed pavement and structures within
the right-of-way.
c.
Profiles shall show existing elevation and proposed elevation for
each fifty (50') foot station.
d.
Plans shall include cross sections at each fifty (50') foot
station drawn to a scale of one (1") inch equals five (5') feet
showing the entire right-of-way and graded width.
e.
All elevations shall be based on NGVD 1929.
f.
Soil test borings may be required to be incorporated into the plans
at the discretion of the Engineer or the Borough Council.
g.
Detail sheets shall be made part of the plans showing each contemplated
structure and typical sections in accordance with the Standard Specifications.
h.
Each roadway intersection shall be shown to a one (1") inch equals
twenty (20') feet scale, including profiles along each gutter
line for a distance of at least one hundred (100') feet from
the intersection.
i.
Plans shall include complete drainage calculations for each inlet,
section of pipe and gutter flow.
j.
Plans and profiles shall be shown for each easement including, but
not limited to, sanitary sewer, drainage, storm sewer, road, walkway,
waterline, gas line and power line easements.
k.
Plans shall also include plans and profiles for each driveway entrance
to the proposed road, if requested by the Engineer.
l.
A copy of the plans and Standard Specifications shall be kept on
the job site at all times.
m.
Approval of the plans by the Borough shall not be construed as acceptance
of the road by the Borough.
[Ord. 274 § 5]
a.
Clearing and Grubbing.
1.
The right-of-way shall be cleared of brush, trees, stumps, topsoil
and debris, except those trees as noted on the plans, which will remain.
Trees within the right-of-way which are to remain shall be marked
and protected with a four (4') foot high red painted snow fence
around the tree, held in place with rigid posts at a radius of ten
(10') feet for each foot of diameter of the tree. No excavation
will be permitted within this radius without written approval of the
Engineer.
2.
Topsoil shall be stockpiled at the locations as shown on the plans.
No topsoil shall be removed from the site but shall be utilized along
the right-of-way.
b.
Excavation and Embankment.
c.
Subbase. A four (4") inch thick lift of composted quarry process
stone shall be placed on the subgrade.
d.
Slope Protections. Slope protection shall be in accordance with the
Standard Specifications.
e.
Subgrade. Preparations of the subgrade shall be in accordance with
the Standard Specifications.
f.
Base Course. The base course shall consist of a four (4") inch lift
of Bituminous-Stabilized base mix, I-2 and shall be placed and compacted
in accordance with the Standard Specifications.
g.
Surface Course. The surface course shall be two (2") inches of Bituminous
Concrete Type FABC-1 and shall be placed and compacted in accordance
with the Standard Specifications.
[Ord. No. 274 § 9]
a.
General. All drainage structures shall be designed by the "Rational
Method" using rainfall intensities and volumes from the twenty-five
(25) year storm event.
b.
Underdrains. All underdrains shall be constructed of perforated PVC
or polyethelene pipe and in accordance with the Standard Specifications.
c.
Storm Drains. All storm drains shall be constructed of reinforced
concrete pipe.
d.
Manholes, Inlets and Catch Basins. All manholes, inlets and catch
basins shall be pre-cast concrete structures. Inlets shall be provided
at each intersection and at a maximum of four hundred (400')
feet between structures, or as approved by the Engineer.
e.
Headwalls. Headwalls shall be pre-cast or cast-in-place concrete.
[[1]Added 12-17-2019 by Ord. No. 1085-2019]
a.
The Borough desires to protect itself from expenses resulting from
responses to incidents involving hazardous materials. The Borough
has determined that adopting such an ordinance is in the best interests
of the public health, safety and welfare of the Borough.
b.
APPROPRIATE OFFICIAL
HAZARDOUS MATERIALS
INCIDENT
RECOVERABLE EXPENSES
1.
2.
3.
4.
5.
6.
7.
8.
RELEASE
RESPONSIBLE PARTY
The following terms are defined as follows:
The Chief of Police, the Fire Chief, the OEM Coordinator
or the Department of Public Works Superintendent, as the case may
be.
Any materials classified as hazardous by any federal, state,
or local law, regulation, or authority, and shall include, but not
be limited to, any chemical that is combustible liquid, flammable
gas, radioactive material, explosive, flammable, poison, organic peroxide,
oxidizer, pyrophoric, unstable reactive, or water reactive or any
other material that can cause serious disease or injury to humans,
property or the environment.
Actual or threatened release of a hazardous material, including
hazardous waste, which poses an imminent threat to the environment
and/or to the health, safety or welfare of the population and requires
emergency response, incident assessment, control, containment and
abatement of the immediate hazard.
In connection with an incident, all actual costs or expenses
incurred by the Borough, including, but not limited to, each of the
following:
Charges for each Fire Department vehicle, including, but not
limited to, pumpers, ladder trucks, tankers, rescue squads, brush
units, command units and other vehicles. Hourly rates for these charges
shall be established by resolution of the Borough Council.
Replacement costs for equipment that is contaminated or damaged
beyond reuse or repair (such as turn-out gear or self-contained breathing
apparatus).
Expenses of decontaminating and cleaning equipment.
Technical consulting services specifically required as a result
of the incident, including, but not limited to, technical experts
or specialists not otherwise available to the Borough.
Laboratory costs of analyzing samples taken during the incident.
Costs of cleanup, storage or disposal of the released hazardous
material.
Unreimbursed medical and hospital expenses incurred as a result
of the incident.
Legal, engineering, accounting, billing, collection and other
administrative expenses incurred as a result of the incident, including,
but not limited to, efforts to recover expenses pursuant to this section.
The accidental or intentional, sudden or gradual spilling,
leaking, pumping, pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping or disposing into the environment (including
the abandonment or discarding of barrels, containers and receptacles
containing a hazardous material), whether such release occurs from
a fixed facility or while the materials are being transported.
In connection with an incident, any individual or entity
that participated in, or whose actions or inactions were a proximate
cause of, an incident, and any individual or entity that is an owner,
tenant, occupant or holder of any interest in real estate, buildings,
equipment or other real or personal property onto which or from which
hazardous materials were released.
c.
Recovery of expenses. All responsible parties in connection with
an incident shall be responsible to the Borough for the recoverable
expenses relating to an incident. This responsibility shall be in
addition to any other penalties, obligations, or remedies provided
by law. The liability of responsible parties under this section shall
be strict, joint and several, and without regard to fault.
d.
Billing and collection procedures. After the conclusion of a hazardous
materials incident or periodically prior to the conclusion of the
incident, the appropriate official (or an agent of) shall submit an
itemized list of all known recoverable expenses to the Borough Administrator,
who shall prepare and send an invoice to all responsible parties for
payment. The Borough Administrator's invoice shall demand full
payment within 30 days after receipt of the invoice. Any additional
expenses that become known to the Borough after mailing the first
invoice shall be billed in the same manner to the responsible parties.
Any amounts unpaid after 30 days after the due date will bear a late
charge of 1% per month, or fraction of a month, or the highest legal
limit of interest permitted by law, whichever is less.
e.
Appeal process. Any responsible party may appeal the amounts listed
in an invoice to the Borough Council. The appeal shall be filed in
writing, delivered to the Borough Administrator not later than 15
days after the date the Borough Administrator invoices the responsible
parties. The Borough shall give the appealing parties an opportunity
to present evidence in support of their position. The appealing parties
shall bear the burden of proof. After receiving all evidence deemed
relevant by the Borough Council, the Borough Council shall make a
decision on whether the expenses are properly recoverable under this
section. An appeal to the Borough Council will not postpone or delay
the applicable time periods for payment of any invoice issued under
this section and will not toll the accrual of interest thereon. The
Borough Council shall use reasonable efforts to make a decision no
later than 30 days after hearing the appeal.
f.
Violations; other remedies. A violation of this section shall be
a municipal civil infraction. The Borough may pursue any other remedy
or may institute any other appropriate action or proceeding to collect
charges imposed under this section. The recovery of expenses imposed
under this section does not relieve or limit liability of any person
under any other local ordinance or state or federal law, rule or regulation.
[1]
Editor's Note: Former Section 15-6, Design and Layout
of Streets, previously codified herein and containing portions of
Ordinance No. 526, was repealed in its entirety by Ordinance No. 751.
See separate volume entitled "Land Development Ordinance Borough of
Peapack and Gladstone" for street design and layout regulations.
