[Ord. #824, § 1]
As used in this section:
Shall mean any person who makes application for a permit.
Shall mean the concrete retaining barrier at the edge of
the paving of a public street.
Shall mean the Administrator or his designee.
Shall mean any unforeseen circumstances or occurrence, the
existence of which constitutes a clear and immediate danger to persons
or properties.
Shall mean the Borough Engineer, his authorized deputy, representative
or inspector.
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.
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.
Shall mean any entity defined in N.J.S.A. 48:2-13 and subject
to regulations by the Board of Public Utilities.
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.
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.
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]
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:
[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.
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.
[Ord. #824, § 1; Ord. #33-91, § 2]
[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]
[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.
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.
[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.
