[Ord. No. 18-1; Ord. No. 18-2; Ord. No. 18-3; [Ord. No. 18-4; Ord. No. 18-5; Ord. No. 18-6; Ord. No. 18-7; Ord. No. 18-8; Ord. No. 18-9; Ord. No. 18-10; Ord. No. 18-11; Ord. No. 18-12; Ord. No. 18-13; Ord. No. 18-14; Ord. No. 18-15; Ord. No. 18-16; Ord. No. 18-17; Ord. No. 18-18; Ord. No. 18-19; Ord. No. 18-80; amended in entirety 11-12-2019 by Ord. No. 19-13]
As used in this article, the following terms shall have the meaning as indicated:
APPLICANT
A person who applies for a permit.
PERMITTEE
A person who has been issued a permit.
STREET
Any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Borough as a public street, as well as any state or county road or highway over which the Borough has acquired jurisdiction by agreement.
a. 
No person shall make an excavation in, or tunnel under, any street or sidewalk without the issuance of a permit.
b. 
Such permit shall remain in effect for 30 days, provided that such time may be extended upon application made to the Building Department within the thirty-day period for an additional 30 days, upon good cause being demonstrated for the noncompletion of the work within the initial period.
c. 
Case of emergency.
1. 
In the event of an emergency, work may commence immediately provided that:
(a) 
An application has been filed with the Building Department with an estimate of fees required and with an estimated performance guarantee.
(b) 
The procedure in Subsection c1A above may be implemented the next business day succeeding the commencement of the work, in the event the emergency takes place after the close of the business day, provided that a call is made to the Police Department citing the nature of the emergency.
(c) 
The permit, when issued, shall be retroactive to the date on which the work was begun.
All street opening permits shall be filed with the Building Department on forms provided by such office and shall provide the following information, as applicable:
a. 
Name, address and telephone number of the applicant.
b. 
Names, addresses and telephone numbers of parties to be reached in the event of an emergency.
c. 
Street address of premises adjacent to proposed opening.
d. 
The Tax Map lot and block numbers of properties abutting and adjacent to the portion of the street to be opened.
e. 
Name, address and telephone number of property owner for whose benefit opening is to be performed.
f. 
Character and purpose of the proposed work.
g. 
Estimated time when work is to be commenced and completed.
h. 
Plans and specifications or other drawings on permit, showing the exact location and dimensions of all openings.
i. 
Name, address and telephone number of the person who is to perform the work.
j. 
An acknowledgement that the applicant agrees to replace, at his/her own cost and expense, the pavement, curb, gutter, lawn, sidewalk and all other disturbed areas, defined as: curb to curb for an area minimally equal to but no greater than twenty (20) times the disturbed area, in accordance with current Borough construction standards within 90 days, weather permitting, of any particular street opening subject to the following:
[Amended 3-9-2021 by Ord. No. 2021-04]
1. 
Within 24 hours of the street opening the area shall be restored by complete backfilling with a dense graded aggregate.
2. 
Pavement shall consist of the following:
(a) 
Subgrade. Approval of existing material by Borough Engineer or application of new six-inch-thick course of dense graded aggregate (DGA).
(b) 
Base course. Bituminous concreate NJDOT Mix I-2, stabilized base, four inches thick.
(c) 
Intermediate course. Bituminous concrete NJDOT Mix I-3, binder, two inches thick.
(d) 
Surface course. Bituminous concrete NJDOT Mic I-5, surface, two inches thick. This may be changed to Mic I-4 on steeper grades with approval of the Borough Engineer.
(e) 
In areas of anticipated truck or other heavy vehicle traveled, the Borough Engineer shall direct the installer to increase the thickness of the base course by two inches, said base course then to be constructed in two lifts.
(f) 
The surface course installation may be postponed with consent of the Building Department or Borough Engineer for a reasonable time to permit trench settlement.
(g) 
The placement of the surface course may be delayed in the event of the winter season to a date not beyond April 15.
(h) 
Metal plates may be placed if required by the Borough Engineer.
k. 
Certain underground conduits, pipes, etc., which may require a sand cushion adjacent to the structure for protective reasons, will be required if indicated in the application or at the discretion of the Borough Engineer.
l. 
Edges of all excavation shall be cut in a straight line with a saw or an approved pavement cutter.
m. 
The nature, location and purpose of the work.
n. 
A statement that the permittee will comply with the ordinance, regulations and laws relating to the proposed work.
o. 
A permit shall be required for each and every road excavation.
p. 
A permit shall not be transferred.
q. 
Each permittee, as a condition to receiving their municipal permit, shall call 1-800-272-1000 to obtain a utility mark out at least 48 hours prior to commencement of excavation of any street and certify that (s)he has followed the mark-out procedure for determining the location of utilities and obstructions within the area of the proposed work, and submit a mark-out reference number, as provided by the Garden State Underground Plant Location Service.
r. 
Sidewalk Standards.
1. 
All broken or damaged sidewalks shall be replaced as follows: Sidewalks shall be of concrete or other approved materials. Sidewalk width may vary from four feet wide in residential areas to 13 feet in business or commercial areas. Sidewalks shall be four inches thick excepting at points of vehicular crossing and at street corner handicap ramps where same shall be six inches with reinforcing steel in residential areas and eight inches with reinforcing steel where truck or other heavy vehicles are anticipated.
a. 
Each permittee shall keep each respective opening properly guarded with lights, devices and manpower as may be required. Barricades, signs and traffic control shall be in accordance with the Manual of Uniformed Traffic Control Devices. Work shall be performed in a manner and by a schedule to minimize traffic interference. No road shall be closed to traffic unless permission is granted through the office of the Chief of Police; provided, further, that no road shall be so closed on a daily basis for more than one day. In the event the Police Chief or his/her designee deems it necessary, an off-duty police officer shall be employed by the applicant to direct traffic.
b. 
The permittee shall submit an insurance certificate naming the Borough as an insured, with coverage in an amount not less than $1,000,000 and shall hold harmless the Borough, its officers and agents from any loss, injury, claim, demand or damage resulting from any negligence or fault of the permittee, or the agents of the permittee, in connection with the performance of work covered by the permit. In the event the work has not been completed on or before the expiration date of the permit and the permittee has not requested an extension of time, the Building Department, if it deems it advisable, may take steps to backfill the trench and replace a permanent pavement over the opening for which the permit was issued and charge or deduct same against the permitted bond. If any extension of time beyond the date is required for the completion of the work, a new application must be filed.
c. 
Except in the case of an emergency or special construction requirements, all road openings shall be closed within 24 hours by the permittee, or its delegated agent, and thereafter maintained in a safe condition for vehicular traffic until the permanent surface has been restored. In the case of an emergency, a substituted closing may be constructed as directed by the Building Department or Borough Engineer.
d. 
Any work for which a permit is issued shall be conducted so as not to interfere with any water main or sewer, or any connection from a water main or sewer to any building, unless prior permission for interference has been obtained from the subcode official of the Building Department and/or the Borough Engineer. All rock within five feet of any water main, sewer or other pipe which may become damaged shall be removed without blasting. No excavation which may damage trees or shrubbery shall be made without the prior permission of the Building Department or the Borough Engineer.
e. 
When closing the street, each permittee shall completely backfill the trench with approved material which is to be placed in layers not exceeding 12 inches in thickness, moistened as required, and each layer tamped until thoroughly compacted.
f. 
In the restoration of original pavement in an excavation, the following rules shall govern:
1. 
The foundation shall be restored to a width of 12 inches wider than the width of the trench, except where deemed unnecessary in the reasonably exercised judgment of the Construction Code Official or Borough Attorney.
2. 
The surface pavement shall extend 12 inches wider than the width of the foundation and six inches longer than the length of the foundation.
3. 
The permittee must install the restored foundation as well as the restored surface of all opening.
g. 
In cases where it is necessary to resort to tunneling operation to reach the point of connection with any main line, the backfill in the tunnel shall be of rammed cement concrete composed of a mixture of one part of cement and six parts of coarse aggregate material.
h. 
The Building Department or the Borough Engineer shall require special condition in any special case, as may be required.
i. 
Under extraordinary conditions not covered by this chapter, the Borough Engineer shall receive a copy of the plan and, after evaluation, set an escrow deposit commensurate with the circumstances in the exercise of his/her reasonable judgment.
j. 
The Borough Engineer may make any reasonable rules and regulations which (s)he considers necessary for the administration and enforcement of this chapter, but no regulation shall be inconsistent with, alter or amend any provisions of this chapter or impose any requirement which is in addition to those expressly imposed by this chapter.
a. 
Utility companies, including those engaged in the installation of gas, water and electronic lines, shall report to the Building Department and the Borough Engineer, yearly, their intentions with regard to prospective work requiring future street openings in the community for the purpose of coordinating such activity with pavement projects anticipated by the Borough;
b. 
Except in the case of emergency, the Borough shall have the right to schedule street openings with utility companies in a manner which will create the least disturbance to pavement courses, in furtherance of which purpose the Borough Engineer shall provide to the utilities a schedule of expected street construction and resurfacing;
c. 
Any public utility corporation authorized by law to install or repair underground pipe lines or conduits in the Borough shall issue an indemnity to the Borough in an amount of not less than the utility company's full faith financial credit in lieu of cash indemnity. The bond shall automatically renew annually without further documentation. The bond shall be conditioned upon:
1. 
Making of the excavations or repairs in accordance with the provisions of this chapter.
2. 
Complying with the conditions set forth herein.
3. 
Restoring the pavement of any disturbed street or sidewalk, or under its authority, to the satisfaction of the Construction Code Officials and/or the Borough Engineer.
4. 
Safeguarding, protecting and indemnifying the Borough against any damages, expense or loss likely to be sustained or suffered by the Borough by reason of the making, refilling or resurfacing of any excavation or resulting from insufficient lighting and guarding of the excavation.
For excavations in excess of 15 square yards, permits shall be issued subject to the following terms and conditions:
a. 
Applicants other than public utilities shall first enter into a bond with the Borough with a reasonable surety acceptable to the Borough. The bond shall be in the amount of not less than $5,000.
b. 
The applicant shall first submit plans and profiles in duplicate for the approval by the Construction Code Official. Any changes from the plans or profiles during the construction work shall be approved by the Construction Code Official or Borough Engineer.
c. 
The Borough reserves the right to engage the services of its Engineer or Inspector or both to supervise the construction work. The cost of such supervisions shall be assumed by the permittee and become due and payable 30 days after the receipt of a statement from the Borough. Final construction approvals shall not be issued until all supervision fees have been satisfied.
d. 
All excavations on any street or sidewalk and any pavement or flagging taken up by the permittee for the purpose of repairing or installing any underground pipe line, conduit and the like shall be restored to as good condition as before the commencement of work, and shall be maintained in such condition for one year after completion of work. No street or sidewalk shall be encumbered with any material or equipment after the date of completion stated in the application.
e. 
Any damage done to the pavement of any street or other property by the permittee as a result of the operation shall be repaired within the time designated by the Construction Code Official. Should the permittee fail to make repairs within the time designated, Borough shall proceed to make and complete such repairs at the expense of the permittee. This chapter authorizes payment to the Borough from the bond or escrow as the case may be.
a. 
All permittees, including, but not limited to, public utilities, their contractors or contractors of state or federal agencies, shall deposit a guarantee in the amount of $5,000 with the Chief Financial Officer of the Borough in the form of an indemnity bond or bank draft acceptable to the Borough. The deposits required herein shall be held in an interest-free account by the Borough. One year after final restoration of the work pending the approval of the Construction Code Officials, the guarantee shall be returned to the permittee. However, should the Construction Code Official, upon final inspection, determine that the construction under this permit was unsatisfactory and/or otherwise in violation of the approved plans or conditions attached to the permit and should the permittee, upon receipt of written notice of deficiencies fail to remedy the same in 30 days, then the Construction Code Official shall initiate the process to deduct from the permittee's guarantee all expenses incurred by the Borough in performing the necessary repairs to remediate the same.
b. 
The Construction Code Official shall have the right to perform borings in the pavement, cut cores in the pavement or to perform other investigations as deemed necessary to confirm that the provisions of the road opening permit have been satisfied. The cost of such investigations shall be the permittee's responsibility.
c. 
The Construction Code Official may require an extended maintenance period in excess of one year and an additional maintenance guarantee depending upon the nature of the work involved. This additional obligation will be released upon completion of the work and acceptance of the work by the Construction Code Officials.
d. 
When a maintenance bond is posted, it shall be by a surety company licensed to do business in the State of New Jersey.
e. 
The release of the guarantee shall be also conditioned upon the permittee restoring the surface and any damage to the street and/or sidewalk abutting the work site and those streets which had sustained damage through the use of construction equipment and vehicles.
f. 
For utility main construction, other or additional conditions may be prescribed by the Building Department or Borough Engineer. Plans for such projects mush have the approval of the Construction Code Officials and/or Borough Engineer before a permit may be issued.
The permittee shall be under a duty to properly guard the excavation by the erection of suitable barriers by day and flashing lights or flares by night. The contractor or utility company shall be strictly liable for any neglect to safeguard the traveling public.
Where the excavation is to extend the full width of the road, only 1/2 of it shall be made at one time and shall be backfilled before the other half is excavated, so as not to interfere with traffic. The excavation and backfilling shall be made within the time specified in the permit.
a. 
Each applicant for a permit, before its issuance, shall pay to the Building Department a fee as set forth by Council resolution.
b. 
The permittee shall deposit with the Building Department such escrow fees as are reasonably anticipated to be required to reimburse the Borough for the cost of plan review and inspections, as may be required by the Building Department and/or the Borough Engineer. In the event the project extends beyond the anticipated completion time, the Borough Engineer may deem that additional escrows be deposited to cover Borough expenses.
Whenever, in the opinion of the Borough Engineer, the nature of any street improvement through which an excavation has been made is such that it will be for the best interest of the Borough, bringing the filling to grade with such fill to make the street safe and fit for public travel. In that event, any escrow or bond moneys deposited upon application for the permit shall be utilized to meet the expense of such repavements.
Should the pavement not be replaced within 30 days in the manner and condition to correspond with the remainder of the pavement on the street, the person holding the permit shall be in violation of this article. In that event that the Borough, under the direction of the Building Department and the Borough Engineer, direct the repair that portion(s) of the street, all expenses shall be deducted from the permit fee, bond or escrow, on deposit with the Borough. Should there be a deficit after making this deduction, the Borough may institute suit of recovery against the permit holder in a court of proper jurisdiction.
Any person who shall violate, permit, allow or suffer to be violated any provision of this article shall be subject to a fine of not more than $1,000 for each violation, and the imposition of the payment of the required fees, as provided for by Council resolution. For the purpose of this article, each day that a violation remains in effect shall be considered a separate violation.
a. 
Once a year the Borough Engineer shall notify public utility providers and municipalities of planned work on Borough roads. Any work to be done on these roads will have to be done before paving is started. Such notice shall state that no road opening permit shall be issued for openings, cuts or excavations in such Borough road for a period of 10 years after the date of paving. The notice shall also notify such permittee that applications for road opening permits for work to be done prior to such paving shall be submitted promptly in order that the work covered by the permit may be complete before paving.
b. 
During such ten-year period, no permit shall be issued to open, cut or excavate in such Borough road unless, in the judgment of the Borough Engineer, an emergency exists which makes it absolutely essential that the road opening permit be issued.
c. 
The Building Department is authorized to demand a cash escrow or equivalent in the amount not exceeding $10,000 or call the full faith and credit bond to assure that any road opening on roadways paved within the past 10 years is restored satisfactorily. The restoration shall include milling and repaving of the area so as to blend uniformly with the adjacent roadway as per the conditions stated in the permit, including restoration of pavement markings, signage and all other appurtenances.
There shall at all times be a passage way of at least 3/4 of the width of the street between the material stored and the opposite curb. Sidewalks shall be kept unencumbered of any material for a width of not less than four feet. Where the sidewalk is removed for excavating or other purposes, that part of the sidewalk shall be made passable by laying planks, metal plates, or other suitable material.
No permit issued pursuant to this chapter shall grant or be deemed to grant the permittee the right to make connection with any sewer. For such purpose, a separate permit shall be issued by the Building Department.
The Building Department, with the assistance of the Borough Engineer, shall ascertain whether the permits required by this section have been issued, supervise all excavations and backfilling, and report all violations of this section to Borough Administrator. The Building Department and/or Police Department shall be authorized to issue summons for any violations arising out of this chapter.
The Police Department shall enforce the regulations covering erection of suitable barriers, warning signs and lights or flares and all other provisions of this section, so as to safeguard the traveling public. The Police Department and/or the Building Department shall prosecute all violations of this section.
[Ord. No. 18-21; Ord. No. 9-82]
All sidewalks and curbs shall be kept in repair, free from grass, weeds or other growths and obstructions, by the owner of the abutting property. Relaying or repavement of, or other repairs to, any sidewalk shall be made on the grade fixed by the Borough Council. The chairman of the public works committee, or such other duly authorized person shall cause to be served, upon the abutting property owner, a notice, in writing, directing him to make such repairs. This notice may be served upon all owners residing in the Borough personally, or by leaving the same at their usual place of residence with a member of the family over the age of 14 years. In the case of infants and incompetents such notice shall be served upon their guardians; when any real estate is held in trust, upon the trustee; when held by joint tenants, tenants in common or by the entirety, upon any one tenant. If the owner of any such real estate is a nonresident of the Borough the notice may be served upon him personally, or upon his agent in charge of the property, or upon the occupant thereof, or mailed to the nonresident owner at his last known post office address.
[Ord. No. 18-22]
If the owner of the property, upon whom a notice to repair has been served as provided in the preceding subsection, shall fail, neglect or refuse to make the repairs in compliance with the notice and within 30 days after notification, the superintendent or other officer in charge of streets shall cause such repairs to be made upon instruction from the chairman of the public works committee. The officer shall certify the cost and expense of such repairs to the Council, who shall examine the certification. If the Council shall find the same correct, the costs of the correct costs shall be charged against the lands abutting or bordering the repaired sidewalk. The amount so charged shall forthwith become a lien upon the lands and shall be added to, become and form a part of the taxes next to be assessed and levied upon the lands, to bear interest at the same rate as taxes and shall be collected and enforced in the same manner as taxes.
[Ord. No. 9-97]
All improvements shall be served by paved streets with concrete curbs and sidewalks.
[Ord. No. 9-97]
Pavement widths shall conform to the following dimensions:
Right of Way Width (Feet)
Width Between Curbs (Feet)
66
40
50
30
40
26
33
24
Other than above
60% of right-of-way
[Ord. No. 9-97]
One way streets being declared as such by action of the governing body shall conform to the following minimum standards.
Traffic Lane
(Feet)
Improved Shoulder or Sidewalk or Other Each Side
(Feet)
22
6 feet on both sides of cartway consisting of curbs and shoulder area.
[Ord. No. 9-97]
Sidewalks shall be of concrete or other approved materials. Sidewalk width may vary from four feet wide in residential areas to 13 feet in business or commercial areas. Sidewalks shall be four inches thick excepting at points of vehicular crossing and at street corner handicap ramps where same shall be six inches with reinforcing steel in residential areas and eight inches with reinforcing steel where truck or other heavy vehicles are anticipated.
[Ord. No. 9-97]
Pavement shall consist of the following:
a. 
Subgrade. Approval of existing material by Borough Engineer or application of new six inch thick course of dense graded aggregate (DGA).
b. 
Base course. Bituminous concrete NJDOT Mix I-2, stabilized base, four inches thick.
c. 
Intermediate course. Bituminous concrete NJDOT Mix I-3, binder, two inches thick.
d. 
Surface course. Bituminous concrete NJDOT Mix I-5, surface, two inches thick. This may be changed to Mix I-4 on steeper grades with approval of the Borough Engineer.
In areas of anticipated truck or other heavy vehicle traveled areas, the Borough Engineer shall direct the installer to increase the thickness of the base course by two inches, said base course then to be constructed in two lifts.
[Ord. No. 9-97]
a. 
Any applicant fee owner and/or developer may apply to the Cliffside Park Board of Adjustment for a waiver of any subsection of this section.
b. 
Waiver may be granted upon demonstration by the applicant, fee owner and/or developer that adherence to the standards created in this section would jeopardize the public health and safety.
c. 
The board of adjustment in reviewing any request for a waiver shall utilize the criteria set forth in N.J.S.A. 40:55D-40.4(C) as may hereinafter be amended.
d. 
Waiver applications must utilize the form developed by the site improvement advisory board, which form has been approved by the Commission of Community Affairs in accordance with N.J.S.A. 40:55D-40.1 as may hereinafter be amended.
[Ord. No. 9-97]
In the absence of specific requirements above, including materials of construction, the following guidelines shall govern for the improvements notwithstanding conflicts with matters of law and shall be in the order as set forth herewith:
a. 
Residential Site Improvement Standards, New Jersey Administrative Code, Title 5, Chapter 21 and as amended.
b. 
New Jersey Department of Transportation, Standard Specification for Road and Bridge Construction, 1989 as amended.
c. 
American Association of State Highway and Transportation Officials (AASHTO).