Borough of Midland Park, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. #824, § 1]
As used in this section:
APPLICANT
Shall mean any person who makes application for a permit.
CURB
Shall mean the concrete retaining barrier at the edge of the paving of a public street.
DIRECTOR
Shall mean the Administrator or his designee.
EMERGENCY
Shall mean any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
ENGINEER
Shall mean the Borough Engineer, his authorized deputy, representative or inspector.
PERMITTEE
Shall mean any person who has been issued a permit and is obligated to fulfill all of the terms of this section; and any other person opening any street within the Borough.
PERSON
Shall mean any natural person, partnership, firm, association, utility, corporation, or authority created pursuant to Statute. Whenever used in any section prescribing and imposing a penalty, the term "person", as applied to associations, shall mean the partners or members thereof, and as applied to corporations, and the officers thereof.
PUBLIC UTILITY
Shall mean any entity defined in N.J.S.A. 48:2-13 and subject to regulations by the Board of Public Utilities.
SIDEWALK
Shall mean that part of the public street designed for the exclusive use of pedestrians. However, when used herein, the phrase shall also include those ramps known as "driveway aprons" that connect driveways to the public street.
STREET
Shall mean a public street, public easement, public right-of-way, public highway, public alley, public way or public road accepted or maintained by the Borough, and any State or County road over which the Borough may have acquired jurisdiction by agreement or other special management and shall also include the public sidewalk. The provisions of this chapter shall not be applicable in those instances where the highway is maintained by the State of New Jersey, or by the County of Bergen, except in such cases where the Borough may have special arrangements with the State or County.
[Ord. #824, § 1]
It shall be unlawful for any person to make any tunnel, opening or excavation of any kind in or under the surface of any street or public sidewalk without first securing a permit from the Borough for each separate tunnel, opening or excavation; provided, however, any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately, provided the permit could not reasonably and practically have been obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the office of the Borough Clerk is open for business, which permit shall be retroactive to the date when the work was begun.
[Ord. #824, § 1; Ord. #33-91, § 1]
Any person desiring a permit for street opening shall make application therefor to the Borough Clerk for each such opening upon forms provided for that purpose. Application for a street opening permit for work to be performed for a utility shall be made by the utility and such permit shall be issued to the utility and not to the contractor. A separate application shall be made and a separate permit issued for each tunnel, opening, series of openings which constitute a single project, or excavation to be opened by the Permittee.
a. 
Street Opening Procedures. Except to the extent waived by the Director in the case of an emergency, the application shall show or include the following information:
1. 
The name, address and telephone number of the applicant, and the name, address and telephone number of an employee or office of the applicant who shall act as liaison between the Borough and the applicant for purposes of the application and the work performed pursuant to any permit issued hereunder.
2. 
The location of the property.
3. 
A description of the extent and nature of the work to be done in sufficient detail to allow the Engineer to determine the scope of work to be performed.
4. 
The date or dates when the work is to be done.
5. 
Present evidence satisfactory to the Director that all materials, labor and/or equipment which are needed to complete such undertaking as authorized by the permit are available, provided, however that in the case of a public utility, a statement attesting that all necessary materials, labor and equipment are available and shall be adequate for purposes of this section.
6. 
A signed statement by the applicant that he agrees to perform the work for which the permit is granted strictly in accordance with the conditions of the permit and this section.
7. 
A list of all Federal, State or local government agencies having jurisdiction thereover, and if such agencies require approval, state whether such approval has been obtained and attach a copy of such approval, if obtained, and if not obtained, a statement as to the reasons for the lack of such approval.
8. 
A signed statement by the applicant that the Borough is to be held harmless and indemnified by the applicant from any loss, injury or damage arising out of the granting of the permit or from any negligence or fault of such applicant, his servants or agents, in connection with any of the work done under or in connection with such permit.
9. 
Except as may be otherwise provided of public utilities pursuant to Subsection 14-1.18, a certificate of insurance evidencing that the applicant is insured against all hazards and risks of loss which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or anyone directly or indirectly employed by him, and shall include protection against liability arising from completed operations. This insurance shall be written in comprehensive form and the liability limits shall be not less than the following:
(a) 
Bodily injury, one hundred thousand ($100,000.00) dollars each person; three hundred thousand ($300,000.00) dollars each occurrence.
(b) 
Property damage, fifty thousand ($50,000.00) dollars each occurrence. With the approval of the Director, public utilities subject to regulation by the Board of Public Utilities, may furnish a self-insurance certificate in lieu of a liability insurance certificate.
(c) 
This insurance certificate shall also contain a provision that before a policy covered thereby shall be changed, cancelled or not renewed, ten (10) days prior written notice shall be given to the Borough Clerk.
10. 
A deposit in the form and amount required by Subsections 14-1.14, 14-1.15 or 14-1.18 after notification of the amount required pursuant to Subsection 14-1.4.
11. 
A nonrefundable application fee which shall be set by a General Fee Ordinance of the Borough. In the absence of such ordinance, the nonrefundable fee for each application shall be established.[1]
[1]
Editor's Note: Fees and charges are contained in Chapter 90. Refer to "Fees for Chapter 14, Streets and Sidewalks."
12. 
Three (3) sets of plans and specifications, a traffic control plan in accordance with the Manual on Uniform Traffic Control Devices and/or a detour plan as required by the Director; provided, however, that this requirement may be waived at the request of the applicant if both the Chief of Police or his designee and the Superintendent of Public Works or his designee shall determine that the proposed opening shall have no negative effect on traffic in the area.
b. 
Sidewalk Repair Procedures. Sidewalk repair procedures except to the extent waived by the Administrator in the case of an emergency, the application for a permit to repair a sidewalk shall show or include the following information:
1. 
Information described in § 14-1.3a1-9, inclusive;
2. 
A nonrefundable application fee which shall be set forth by Midland Park;
3. 
If required by Midland Park, the information required by § 14-1.3a12;
[Ord. #824, § 1]
a. 
The Director will have a minimum of three (3) working days to review the application, prior to issuing a street opening permit.
b. 
When the Director approves an application, he shall at that time advise the applicant of the amount of deposit necessary to cover work proposed in the application as required by §§ 14-1.14 and 14-1.15.
c. 
The Director will also state the probable inspection costs that may be incurred and advise applicant of such costs.
d. 
If the applicant meets all the requirements of this section, the Director shall grant the permit.
[1]
Editor's Note: Fees and charges are contained in Chapter 90. Refer to "Fees for Chapter 14, Streets and Sidewalks."
[Ord. #824, § 1; Ord. #33-91, § 2]
a. 
The Director shall provide that the Borough Engineer shall perform inspections in lieu of a Borough Employee only in situations more particularly described in resolutions of the Mayor and Council which may be adopted or amended.
b. 
Except as may be otherwise provided by the Director, there shall be at least three (3) inspections of all street openings:
1. 
Before the opening is made.
2. 
Prior to backfilling.
3. 
After closure.
c. 
The terms of Subsection b above shall not apply to sidewalk repairs unless otherwise specifically provided by the Administrator. There shall be two (2) inspections of all sidewalk repairs: (1) after excavation and installation of the form; and (2) after installation of concrete.
[Ord. #824, § 1]
No person to whom a permit has been granted shall perform any of the work authorized by such permit in an amount or quantity greater than that specified in the permit, provided, however, that upon the approval of the Engineer or Director, additional work may be done under the provisions of the permit in any amount not greater than ten (10%) percent of the amount specified in the permit. Any deposit and bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this subsection within the limit mentioned herein. The limits imposed by this subsection shall not be applicable to any public utility which posts a performance guarantee pursuant to § 14-1.18.
[Ord. #824, § 1]
The permittee shall not begin or carry on any part of the work provided to be done, except in the event of an emergency, without first notifying the Director not less than twenty-four (24) hours in advance and obtaining his approval therefor and provided further that prior to the performance of any work, the permittee shall provide proof to the Director that all occupants of all properties abutting that portion of the street upon which work was to be performed have been notified.
[Ord. #824, § 1]
a. 
In all cases, full consideration is required to be given to the adoption and implementation of measures reflecting sound engineering principles and economic factors necessary to preserve and protect the integrity and visual quality of the roadway, its maintenance and efficiency and vehicular and pedestrian traffic safety.
b. 
Utility lines are to be located to permit servicing such lines with minimum interference with vehicular or pedestrian traffic. Efforts must be made to minimize the construction of chambers or vaults in the roadway area and to avoid their location at street intersections.
c. 
Ground mounted utility facilities shall be of a design compatible with the visual quality of the roadway section being traversed.
d. 
Roadways resurfaced with a bituminous concrete surface course shall not be opened for a period of three (3) years unless an emergency exists. New roadways shall not be opened for a period of five (5) years unless in accordance with § 14-1.38.
e. 
If any subsequent Borough facility necessitates the moving or adjusting of utility facilities located by permit, then such utilities shall bear all costs and expenses of the required move or adjustment unless the cost and expense of the move or adjustment is otherwise provided for by law.
f. 
Utility line designs and construction are subject to minimum safety standards and construction requirements prescribed by the respective national or industrial standard codes.
[Ord. #824, § 1]
To prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance, the following conditions will apply to all street openings:
a. 
Only rubber tired equipment shall be used.
b. 
Dust resulting from construction procedures to be kept to a minimum.
c. 
Excessive noise shall not be generated.
d. 
Roadways and sidewalks are to be kept clear for pedestrians and vehicular traffic. All operations shall be planned with full regard to safety and to keep traffic interference to an absolute minimum. No trench shall remain open when work is not actively in progress. Gas companies, however, shall be permitted to leave open small openings for the purpose of adequately venting natural gas, provided that such small openings are adequately protected with traffic control devices and that proper notice is given to the Borough. Such opening shall not be maintained for longer than forty-eight (48) hours. The Director may permit other small openings in circumstances where work cannot be completed during normal working hours provided that such openings are properly placed so as not to interfere with the flow of traffic or endanger the public.
e. 
Construction equipment and materials shall not be left on the street overnight unless special written permission of the Director and Chief of Police is first obtained. The Chief of Police and/or Director may require the installation of warning devices.
f. 
Traffic shall be controlled in accordance with the appropriate sections of the Manual on Uniform Traffic Control Devices, including such information regarding the furnishing and erecting of traffic control devices necessary to move pedestrians and vehicular traffic safely through or around the work area. All such traffic controls shall be approved by the Chief of Police or his designee.
[Ord. #824, § 1]
Permits are not transferable from one person to another and the work shall not be performed in any place other than the location specifically designated in the permit.
[Ord. #824, § 1]
a. 
Every permit shall specify the period of time within which the work must be commenced and completed and shall expire at the end of such period. In the event the permit does not state any other period of time, all work shall be completed in fourteen (14) days. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing a request for an extension of time, setting forth therein the reasons for the requested extension. If such an extension is necessary and not contrary to the public interest, the Permittee may be granted additional time by the Director for the completion of the work.
b. 
Expired permits may be renewed and an appropriate endorsement made to such permit, upon the payment of an additional permit fee as originally required within three (3) days of such expiration.
[Ord. #824, § 1]
a. 
Any permit may be revoked by the Director or the Borough Council or its designated agents or employees after notice to the permittee for:
1. 
Violation of any condition of the permit or of any provisions of this section.
2. 
Violation of any provision of any other applicable ordinance or law relating to the work.
3. 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others.
b. 
Written notice of any such violation or condition shall be served upon the permittee of his agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified or by certified or registered United States mail addressed to the person to be notified.
c. 
A permittee may be granted a period of forty-eight (48) hours from the date of the notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before the permit is revoked.
d. 
When any permit has been revoked and the work authorized by the permit has not been completed, the Borough, its agents or employees shall perform such work as may be necessary to complete the work that was authorized by the permit and to restore the street or part thereof to as good a condition as before the opening was made. All expenses incurred by the Borough shall be recovered from the deposit or bond the permittee has made or filed with the Borough.
e. 
Nothing in this subsection shall be interpreted to prohibit or restrict the power of the Borough to issue summons for violations of this chapter or any permit issued under this chapter.
[Ord. #824, § 1]
Except as otherwise provided in Subsection 14-1.18, the amount of deposit for street openings shall be computed by the Engineer in an amount equal to one hundred ten (110%) percent of the estimated cost of the work including any estimated inspection costs pursuant to Subsection 14-1.4 and additional charges pursuant to Subsection 14-1.38, but in any event shall not be less than established.[1]
[1]
Editor's Note: Fees and charges are contained in Chapter 90. Refer to "Fees for Chapter 14, Streets and Sidewalks."
[Ord. #824, § 1]
Except as otherwise provided in Subsection 14-1.18, the deposit may be in the form of cash, a certified, treasurer's or cashier's check or surety bond made payable to the Borough and meeting the approval of the Director and the Borough Attorney. Any surety bond must be written by a reputable surety company licensed to do business in the State, and the deposit shall be conditioned upon the payment of all charges required by this section. The Borough shall have the right to require the submission of the deposit in any of the above specified forms.
[Ord. #824, § 1]
The deposit shall be retained by the Borough for the duration of the period of maintenance as defined hereunder.
Upon failure or default by the permittee of any of the terms, agreements, covenants and conditions of the permit on the permittee's part to be done or performed, the deposit may be used by the Borough for any expense incurred by the Borough by reason of such failure or default on the part of the permittee.
Any balance left after the expense of such failure or default, as determined and certified by the Director, has been paid and deducted from the amount of the deposit shall be refunded to the permittee.
[Ord. #824, § 1]
If the deposit made is less than sufficient to pay all fees and costs, the permittee shall, upon demand, pay to the Borough an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency upon demand, the Borough may recover the same by action in any court of competent jurisdiction together with costs of suit and reasonable attorney's fees incurred by the Borough. Until such deficiency is paid in full, additional permits shall not be issued to such permittee.
[Ord. #824, § 1]
a. 
Any public utility maintaining underground facilities within the Borough which shall contemplate more than one (1) street opening or excavation per calendar year may, in lieu of the deposits required under Subsections 14-1.14 and 14-1.15, execute a maintenance guarantee bond in a sum to be determined by the Borough Engineer which sum shall be in an amount equal to one hundred ten (110%) percent of the estimated cost of all work proposed to be performed by the public utility, including any estimated inspection cost and additional charges pursuant to Subsection 14-1.38, but in any event shall not be less than established.[1] Such bond shall be delivered to the Borough and filed with the Borough Clerk by January 15 of each year. Such bond shall be conditioned upon compliance with all applicable provisions of this chapter. Such bond shall be provided by a surety company qualified to provide bonds to municipalities on public works projects in the State of the magnitude contemplated by the amount required under this subsection, or, in the case of a public utility, may be provided by self-bonding without additional surety.
[1]
Editor's Note: Fees and charges are contained in Chapter 90. Refer to "Fees for Chapter 14, Streets and Sidewalks."
b. 
In lieu of filing certificates of insurance as provided in Subsection 14-1.3a9, the public utility may file with the Borough Clerk evidence certifying that it is qualified as a self insurer pursuant to the appropriate Statutes of this State.
c. 
Each bond filed pursuant to this chapter shall be in a form satisfactory to the Director and the Borough Attorney and shall remain in effect for a period of one (1) year after the last restoration work under any permit which has been completed and accepted by the Borough.
[Ord. #824, § 1]
a. 
The period of maintenance shall be a period of six (6) months after the date of final completion, as determined by the Director, of the work to be done pursuant to the terms of the permit; except, however, that in the event the termination of the six (6) month period shall fall between November 1 and April 1, inclusive, then and in that event, the period of maintenance shall be considered as extending until May 15 next thereafter.
b. 
The permittee shall be responsible for the entire work and shall keep every portion of such work in perfect order and repair during the entire period of maintenance, and should the permittee fail to make needed repairs to the work or to adequately maintain surfaces disturbed by the permittee, the Director shall have the right, and without prior notice to the permittee, to cause such repairs to be made or such surfaces to be maintained by the Borough's own force or by contract, or otherwise, in which case, all expenses incurred by the Borough shall be deducted from the Deposit as herein otherwise provided for.
[Ord. #824, § 1]
All existing pavement, road surfaces, sidewalks, curbs, gutters, pipes, manholes, drains, conduits or other installations or fixtures and property liable to be injured, damaged or destroyed shall be properly protected by the person or applicant doing any work for which a street opening permit has been issued during the time when such work is being performed, and responsibility for any such damage shall be assumed by the person or permittee to whom such permit has been issued.
[Ord. #824, § 1]
a. 
Any person or permittee making any opening or excavation by virtue of a permit issued under this section shall carry out the work as expeditiously as possible and in such manner as to cause the least possible inconvenience and to permit the use of the sidewalk by pedestrians, the roadway by vehicles and the flow of water along the gutters. All openings, diggings, excavations, piles of material, equipment, machinery, barricades or obstructions, including earth and stones removed from excavations, shall be properly guarded at all times to prevent accidents, and a sufficient number of lighted lanterns or flares or such other warning device as may be approved by the Chief of Police, shall be maintained between sunset and sunrise by the person or applicant to whom such permit has been issued to designate such openings or obstructions during the hours of darkness.
b. 
Where any excavation or trench is to extend across the full width of any street only one-half (1/2) of the same shall be made at one (1) time and shall be properly backfilled before the other half is excavated so as not to interfere with traffic.
[Ord. #824, § 1]
No person or applicant shall divert or discharge water into, upon or across any street or sidewalk so that a nuisance is created, or a hazardous condition caused to exist by the accumulation of water or silt or by the formation of ice on the sidewalk, pavement or road surface or cause the same to be damaged thereby.
[Ord. #824, § 1]
When the Borough shall improve or pave any street, the Borough Clerk shall first give notice to all persons owning property abutting on the street about to be paved or improved, and to all public utilities and authorities operating in the Borough, and all such persons, utilities and authorities shall make all connections as well as any repairs thereto which would necessitate excavation of the street within thirty (30) days from the giving of such notice. The time shall be extended if permission is requested in writing and approved by the Borough Council.
[Ord. #824, § 1]
The permittee shall notify the Chief of Police and Fire Chief of any street opening or excavation which affects the flow of traffic in the streets within the Borough. Such notification shall state the nature of the work to be done and the location of such project. He shall also notify the Chief of Police and Fire Chief when any openings or excavations have been closed, permitting traffic to flow thereon.
[Ord. #824, § 1]
Any person receiving a permit as provided in this section shall cause the same to be kept in the possession of the person in charge of the work who shall exhibit the same to any Borough official or Police officer on demand.
[Ord. #824, § 1]
If the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project or any subsurface installation in the vicinity of the proposed opening, then the permittee shall serve each owner and/or tenant of such properties or subsurface installations personally or by certified mail, return receipt requested, with a notice, at least ten (10) days prior to the date the work is to commence, stating the date work will start, the date it will be completed and the location and size of opening.
[Ord. #824, § 1]
a. 
The Director shall make daily inspections of all work authorized by permits issued pursuant to this section from the time the street is opened until the temporary pavement is installed. Timely inspections shall be made during the time the temporary pavement is in place and during the maintenance period.
b. 
The Borough is empowered to employ an inspector in lieu of the Director at the cost of the permittee if the Borough is of the opinion that the work to be performed pursuant to a permit authorized by this section is such that an inspector is necessary to insure compliance with the various provisions of this section.
[Ord. #824, § 1]
The requirements of this section shall not apply to any contracts or actions proposed by the Borough.
[Ord. #824, § 1]
The permittee shall notify any company whose pipes, conduits or other structures are laid in the street in which any work is to be done by the permittee not less than seventy-two (72) hours before commencing such opening or work. The permittee doing such work shall, at its own expense, carefully support, maintain in operation and protect from injury such pipes, conduits or other structures, and, in case of injury, shall restore same, at its own expense or allow the company to whom the pipes, conduits or other structures belong, at its option, to make the necessary repairs and costs thereof sustained by the company thereby and shall be repaid by the permittee to the company upon demand upon presentation of evidence of the costs of repair.
[Ord. #824, § 1]
a. 
Trenches shall be cut to have vertical faces where soil and depth conditions permit, with a maximum width of two (2') feet plus the outside diameter of the pipe to be installed. Trenches shall be braced as necessary in accordance with all applicable Federal, State, County and municipal laws and regulations.
b. 
Prior to the excavation of the trench, the existing pavement shall be cut by pneumatic or hydraulically-operated hand-held equipment or by saw cut. In no case shall impact-type equipment be used.
c. 
The integrity of the remaining pavement structure, shoulders and slopes shall be of primary concern and construction methods shall be utilized which will keep the damages to existing pavement and other areas to a minimum.
d. 
All blasting shall be conducted in accordance with applicable State and Federal laws and regulations. Prior to proceeding with blasting, twenty-four (24) hour notice shall be given to the Director, owner of utilities within fifty (50') feet and adjacent property owners.
[Ord. #824, § 1]
a. 
Utility installations must meet the minimum requirements of the national or industry associations, institutes or codes which recommend methods of installation and utilization.
b. 
Pipe bedding shall be installed in accordance with the manufacturer's or industry standard instructions for the pipe or conduit being used.
c. 
The depth of bury for pipe lines and conduits shall be a minimum of thirty (30") inches, unless a lesser depth is specifically approved in writing by the Engineer. Sufficient vertical and horizontal clearance between a pipe line or structure of another utility facility shall be provided to permit the proper maintenance of the pipe line or structure.
[Ord. #824, § 1]
No backfilling shall be done by the permittee until the work being done under the permit shall have first been inspected by the Engineer and backfilling authorized by the Director. In case of nonconformity with this requirement, the Director shall cause the work to be uncovered by the permittee at the permittee's own expense so that proper inspection may be made.
[Ord. #824, § 1]
a. 
Backfilling shall be performed with a pervious material placed in two (2) stages. The first stage shall include fill to a level of one (1') foot above the top of the pipe and the second stage shall include the remaining portion of the trench to finished grade. Backfill for the first stage shall be carefully deposited and compacted in six (6") inch layers without in any way injuring or disturbing the completed pipe or structure. The remaining portion of the trench shall be backfilled and compacted in twelve (12") inch layers.
b. 
Backfilling must be accomplished with select material. Backfilling necessitated by an emergency opening during the period from November 15 to March 15, inclusive, shall not be made with frozen material. In the event that backfilling is made with frozen material, it shall be removed by the permittee and replaced with stone dust or bank run sand.
c. 
Compaction shall be accomplished by approved mechanical or vibratory means. The compaction required shall be no less than ninety-five (95%) percent of the maximum density of the soil as determined by the testing procedure described in ASTM Designation D698. Consolidation by saturation or puddling shall not be permitted.
[Ord. #824, § 1]
a. 
Immediately after backfilling the excavation, the permittee shall place thereon an acceptable temporary pavement as provided in this section. Such temporary pavement shall be maintained even with the roadway surface until the permanent restoration is placed.
b. 
Temporary pavement shall consist of six (6") inches of bituminous concrete, Mix I-5 or approved equal when the opening was made in an existing pavement, and six (6") inches of quarry process stone in all other cases except that where top soil, seeded areas or sod have been disturbed by the excavation, the permittee shall restore the ground surface to its original condition.
[Ord. #824, § 1; Ord. #30-94, § 1]
a. 
Permanent restoration of pavement surface over the street opening shall be made within two (2) months, weather permitting, or within the same construction season if so noted on the permit, from the date the temporary pavement was installed.
b. 
Prior to the installation of the permanent pavement, the subgrade shall be properly prepared and the existing pavement neatly cut back a minimum of six (6") inches from the edge of the trench or pavement damage in a straight line with vertical faces free of foreign matter. A tack coat shall be applied to the vertical faces of the existing pavement prior to the placement of the patch material.
c. 
The permanent pavement shall consist of a bottom course of bituminous stabilized base, Mix I-2, placed at a compacted thickness of six (6") inches and a surface course of bituminous concrete, Mix I-5 placed at a compacted thickness of one and one-half (1 1/2") inches. If the pavement is new, i.e. less than five (5) years old, the road surface shall be milled to a depth of one and one-half (1 1/2") inches from curb face to curb face from a point three (3') feet beyond the first opening to a point three (3') feet beyond the last opening. The edges of this milled area will be saw cut and excavated to a depth of one and one-half (1 1/2") inches to provide a square surface for the final pavement. This entire milled area will be tack coated and paved to a compacted thickness of one and one-half (1 1/2") inches of bituminous concrete, Mix I-5. The new pavement will be flush with the existing pavement at both intersections.
d. 
All pavement restoration, both temporary and permanent, shall be constructed in accordance with the applicable specifications of the New Jersey State Highway Department.
e. 
The top or surface course of the permanent patch shall be flush with the grade of the surrounding pavement when it is compacted. The joint between the patch and the existing pavement shall be sealed with an asphalt emulsion.
f. 
For trenches over one hundred (100') feet in length, the top or surface course of pavement shall extend from the curbline or edge of pavement to a point three (3') feet beyond the edge of the bottom course; however, such width shall not be less than ten (10') feet. If cross trenches are located less than two hundred fifty (250') feet apart, the entire roadway, beginning at a point three (3') feet prior to the trench and running to a point three (3') feet beyond the trench, shall be resurfaced. In the event the pavement is new, i.e. less than five (5) years old, the requirements of Subsection c of this section shall apply.
[Ord. #824, § 1]
a. 
The permittee shall clean up and remove promptly from the site of the work, upon completion thereof, all surplus excavated material and debris, and shall leave the site of the work in a neat and orderly condition.
b. 
Where concrete curb, asphalt berm, sidewalk or landscaped areas are disturbed in the course of the work, the permittee shall restore such surface to its original condition. A letter of release shall be furnished to the Borough from the affected property owner prior to the release of the deposit or bond.
[Ord. #824, § 1]
a. 
Deviations from the engineering or design specifications of the section may be granted by the Borough Engineer upon review and approval of a written request for such deviation together with supporting documentation. The Borough Engineer shall grant deviations only if the applicant shall demonstrate that benefits which accrue to the Borough on account of the deviation outweigh any detriment caused thereby; or that a peculiar, exceptional and noneconomic hardship will accrue to the applicant in the absence of such deviation. In no event shall the Engineer grant any deviation if such deviation, or its effect, shall be to cause uneven road surfaces or reduce the service life of the road surface beyond that caused by a street opening made without the requested deviation.
b. 
Deviations from the provisions of this section may be issued by the Mayor and Council upon review and approval of a written petition by the permittee which shall include, in detail, the reason why such a deviation is being requested.
[Ord. #824, § 1]
a. 
No opening is permitted in paved and improved street surfaces less than five (5) years old unless the applicant demonstrates to the satisfaction of the Mayor and Council that public health or safety requires that the proposed work be permitted.
b. 
If by an action of the Mayor and Council a permit is issued to open any paved and improved street surface less than five (5) years old, an additional charge shall be made for the opening, except in the event the work is of an emergency nature. The additional charge shall be on a sliding scale and shall be equal to two (2%) percent of the cost of restoring the opening for each unelapsed month or fraction thereof of the five (5) year restricted period.
[Ord. #824, § 1; amended 12-19-2019 by Ord. No. 20-19]
The owner or tenant of lands abutting or bordering upon the sidewalks of public streets in the Borough shall remove or cause to be removed from the sidewalks for a width of at least two feet of the paved portion of the sidewalk in front of or bordering on their lands all snow and ice from the sidewalk and shall remove any snow and ice blocking access to any crosswalk bordering on the lands within 24 hours of sunrise after the same shall be formed or fall thereon.
[Ord. #824, § 1]
The owner or tenant of lands abutting or bordering upon the sidewalks of public streets in the Borough shall remove or cause to be removed from the entire sidewalk area and from the public right-of-way area in front of or bordering on their lands all grass, weeds and other impediments therefrom over four (4") inches in height within three (3) days after notice to remove the same. The notice shall be given to such owner or tenant by members of the Police Department or the Street Superintendent or other official designated to be in charge of the streets of this Borough. The notice may be given by mail or personally to the owner or owners, tenant or tenants as aforesaid.
[1]
Editor's Note: For regulations requiring clear view at intersections, see Chapter 3, Police Regulations, § 3-3.
[Ord. #824, § 1; amended 12-19-2019 by Ord. No. 20-19]
In case such owner or tenant of any land abutting or bordering upon the public right-of-way or sidewalks of any public streets of this Borough shall neglect or refuse to remove such snow and ice within 24 hours of daylight as required by Subsection 14-2.1 of this section, then it shall be the duty of the Director to remove or cause to be removed the snow and ice from the sidewalks in front of or bordering on their lands.
[Ord. #824, § 1]
In case such owner or tenant of any land abutting or bordering on the sidewalk area of public streets in this Borough shall neglect or refuse to remove such grass, weeds or other impediments from the public right-of-way or sidewalk area of the public streets as required by Subsection 14-3.1 of this section, then it shall be the duty of the Director to remove or cause to be removed such grass, weeds or other impediments from the sidewalk area in front of or bordering on their lands.
[Ord. #824, § 1]
The Administrator so removing or causing to be removed the snow, ice, grass, weeds or other impediments from any sidewalks, public right-of-way or sidewalk areas as herein required and provided shall certify the costs thereof to the Mayor and Council. The Mayor and Council shall examine the certificate of costs and if found correct shall, by resolution, cause the costs as shown thereon to be charged against the particular lands abutting or bordering such public right-of-way area, sidewalks or sidewalk areas. The amount so charged shall forthwith become a lien upon such land and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, shall bear interest at the same rate as taxes, and shall be collected and enforced by the Tax Collector in the same manner as taxes.
[Ord. #824, § 1]
It shall be the duty of any owner of real property abutting any public street or sidewalk in the Borough at his sole cost and expense to install, construct, repair, alter, relay, reconstruct and maintain, sidewalks and driveway aprons in front of or abutting such property whenever such sidewalks or driveway aprons are required as hereinafter provided, or, being already installed, shall be in such state of deterioration or disrepair as to constitute a hazard to the general public using such sidewalks or driveway aprons unless they are repaired, altered, relaid or reconstructed. In addition to the foregoing it shall also be the duty of the owner, at his sole cost and expense to install, construct, repair, alter, relay or reconstruct curbs where the deterioration or damage to same has been caused by the action of such owner.
[Ord. #824, § 1]
Sidewalks shall be required to be installed and constructed when the Council shall, by resolution, determine that the health, safety and welfare of the general public so requires and causes notice to that effect in writing to be served upon the owner or occupant of such lands requiring the necessary specified work to such curb or sidewalk to be done by such landowner or occupant within a period of time stated in such resolution not less than thirty (30) days from the date of service of such notice.
[Ord. #824, § 1; Ord. #16-91, § 1]
Repairs, alterations, relaying or reconstruction of sidewalks, and/or curbs, shall be required when the Director or the Council shall determine that the health, safety and welfare of the general public so requires. The Director shall then cause a notice, in writing, to that effect to be served upon the owner of such lands, which notice shall require the necessary work to the curb or sidewalk, as specified in the notice, be done by the landowner. The notice shall set forth the date upon which the work shall be completed, which date shall be not less than ninety (90) days after the date of service of the notice upon the landowner.
[Ord. #824, § 1]
The notice required by Subsection 14-3.3 may be served personally by certified mail, return receipt requested, and regular mail, postage prepaid to the owner's last known post office address as shown on the tax records of the Borough. If such owner's post office address cannot be ascertained, then such notice may be published once a week for four (4) successive weeks in a newspaper published in the Borough or, if there be none, a newspaper published in the State and circulating in the Borough.
[Ord. #824, § 1]
In the event the owner of such lands shall not comply with the requirements of such notice it shall be lawful thereupon for the Director, upon filing due proof of service of the notice required or publication thereof, with the Borough Clerk, to cause the installation, construction, repair, alteration, relaying or reconstruction to be performed and paid for out of Borough funds available therefor; the cost of such work shall hereupon be certified by the Director to the Tax Collector at which time the amount of such cost shall be and become a lien upon such lands in front of which or abutting which such work was done to the same extent that assessments for local improvements are liens in the Borough under general law and shall be collected in the manner provided by law for the collection of such other assessments bearing interest at the same rate.
[Ord. #824, § 1]
Nothing in this section shall deprive the Borough of its right to bring an action to recover the costs of the removal and/or repair against the owner of such lands.
[Ord. #824, § 1]
All moneys recovered by the Borough under the provisions of this section shall be directed to the account out of which the cost of such work was paid.
[Ord. #824, § 1]
a. 
No person shall construct, remove, replace or repair a sidewalk, curb or driveway within the limits of any public street or other public property without first obtaining therefor from the Director a written permit.
b. 
Such permit shall be valid for an effective period not to exceed thirty (30) consecutive calendar days. Such effective period may be extended, if so requested by the permittee prior to the expiration thereof, for such additional period as the Director may authorize.
c. 
Nothing in this section shall limit or affect the requirements for curb cuts found in the Land Development Regulations.
[Ord. #824, § 1]
The permittee shall not begin or carry on any part of the work provided to be done, except in the event of an emergency, without first notifying the Director not less than twenty-four (24) hours in advance, and obtaining his approval therefor.
[Ord. #824, § 1]
The permit must be in possession of the parties actually doing the work and must be exhibited to the Director or to any authorized representative of the Borough upon request.
[Ord. #824, § 1]
The Borough shall have the right to revoke or cancel the permit at any time should the permittee fail to comply with any of the terms, agreements, covenants and conditions thereof.
[Ord. #824, § 1]
The permit shall not be assigned or transferred except upon the prior written consent of the Borough, except in the event of transfer of title to the property abutting the repair.
[Ord. #824, § 1]
The permittee shall clean up and remove promptly from the site of the work, upon completion thereof, all surplus excavated material and debris, and shall leave the site of the work in a neat and orderly condition. Where topsoil, seeded areas or sod are disturbed in the course of the work, the permittee shall restore such ground surface to its original condition.
[Ord. #824, § 1]
The permittee, at his own expense, shall carry out the work as expeditiously as possible and in such manner as to cause the least possible inconvenience and to permit the use of the sidewalk by pedestrians, the roadway by vehicles, and the flow of water along the gutters.
[Ord. #824, § 1]
Any person, firm or corporation desiring a permit for such work shall make application therefor to the Borough upon forms provided for that purpose. Such application shall include the following information:
a. 
The name, address and telephone number of the applicant.
b. 
The name, address and telephone number of the owner of the property abutting the area where the work is to be performed.
c. 
The location of the work.
d. 
The extent and nature of the work to be done.
e. 
The date or dates when the work is to be done.
f. 
A signed statement by the applicant that he agrees to perform the work for which the permit is granted strictly in accordance with the conditions of the permit and this section.
g. 
A signed statement by the applicant that the Borough is to be held harmless and indemnified by the applicant from any loss, injury or damage arising out of the granting of the permit or from any negligence or fault of such applicant, his servants or agents, in connection with any of the work done under or in connection with such permit.
[Ord. #824, § 1]
Sidewalks, curbs and driveways shall be constructed, removed, replaced or repaired in accordance with such grades and specifications as have been, or may be, established by the Borough. Such grades and specifications shall be placed on file in the office of the Administrator and shall be followed in all instances. In the event of a deviation the permittee shall be advised in writing with the reasons therefor. All work shall be performed so as to meet grade and alignment of the adjoining sidewalk, curb or driveway, if any, or such established line or grade as may be determined by the Director and in accordance with the Director's instructions.
[Ord. #824, § 1]
Pedestrians and vehicular traffic shall be adequately protected by the permittee by means of suitable protective barricades appropriately located and lights around the work, and the work is to be arranged as to cause a minimum of inconvenience and hazard to such pedestrian and vehicular traffic. The permittee shall comply with such safety requirements as may be imposed by the Director, whether before or after the issuance of a permit.
[1]
Editor's Note: Fees and charges are contained in Chapter 90. Refer to "Fees for Chapter 14, Streets and Sidewalks."