[Ord. No. 87-22 § 1
through § 24; Ord. No. 90-12 § 7, § 10; Ord. No. 04-6; Ord.
No. 2015-19; amended in entirety by 11-9-2023 by Ord. No. 23-22]
[Added 11-9-2023 by Ord. No. 23-22]
a.
No person shall make any excavation, create a penetration, or place
or conduct construction in, over or upon any road or street in the
Borough of Elmwood Park, or otherwise endanger or obstruct the normal
flow of traffic or normal flow of surface water by the placing of
any barricade, structure, material or equipment not designated normally
to be operated, placed or used on a road or street without first obtaining
a written permit, approved by the Borough Engineer, which shall be
issued by the Construction Official upon payment of such fees as required
by this chapter and complying with all the terms and conditions of
this chapter. Before a permit is issued, application must be made
upon forms provided by the Borough which are available in the office
of the Construction Official. The application shall be accompanied
by drawings satisfactory to the Borough Engineer or the Superintendent
of Public Works, showing all details of any structure, pipes, ducts,
wires, cables, or other facilities being installed in the road or
street of any road or street being altered. Every permit shall specify
the name and residence of the permittee, the location(s) at which
the work is to be done, the character of the work and the time within
which such work is to be completed, and other such information as
required by the Borough Engineer or the Superintendent of Public Works.
A permit issued shall be valid only for the place, time period and
character or work specified in such permit.
b.
No permit shall be issued for the disturbance of a street which has
been newly constructed, reconstructed, or resurfaced within a period
of five years from the date of acceptance of such work, except in
cases deemed to be an emergency by the Borough Administrator and the
head of the Department of Public Works and or the Borough engineer.
c.
If, by special authorization of the Borough Administrator and the head of the Department of Public Works and or the Borough engineer, a permit is issued to open any street surface less than five years old, the special fee provisions of Subsection 22-1.5a3 and the special construction provisions of Subsection 22-1.8d shall apply.
d.
Application for street opening shall be submitted on forms available
at the Department of Public Works. All applications must include said
form, applicable fees and escrows, and a plan showing the work. The
plan shall be drawn to scale, fully dimensioned and showing existing
and proposed utilities.
e.
Tunneling or mechanical methods of boring under the road for service
installations may be permitted only on written approval of the Borough
Engineer. Application for tunneling shall provide the same information
as for a street opening.
[Added 11-9-2023 by Ord. No. 23-22]
a.
Contractors performing work in Borough streets under construction
contracts with state, county, or municipal authorities are exempt
from this chapter on the condition that such contracts shall contain
provisions and specifications to ensure compliance with, or exceedance
of the provision of this chapter.
b.
This chapter only regulates street and road openings as defined herein.
It is not suggested or implied that permittees are exempt from obtaining
other permits for work involved in the street or roadway opening,
including, but not limited to, other municipal permits, utility connection
fees, etc.
c.
This chapter only regulates the disturbance within the municipal
rights-of-way.
[Added 11-9-2023 by Ord. No. 23-22]
a.
Prior to the issuance of any permit for excavation or penetration
below existing pavement grade, the permittee shall file a certificate
of insurance with the Borough Clerk certifying that there is in full
force and effect liability and property damage insurance for the protection
of the permittee, the Borough, as well as the Borough's agents
and employees connected therewith from any and all claims for personal
injury, including accidental death, and property damage in minimum
amounts of $500,000 to $1,000,000 bodily injury and $100,000 property
damage.
b.
Every permittee shall, as a condition of accepting any permit issued
hereunder, save and hold harmless the Borough or Elmwood Park and
indemnify such Borough, its officials, agents, servants and employees
from and against any and all loss, damage, claim, expense or demand
whatsoever arising out of any matter or resulting from the opening
of any street and the issuance of a permit therefor as provided in
this chapter.
[Added 11-9-2023 by Ord. No. 23-22]
a.
No person shall be granted a permit to open any street until and
unless there shall be deposited with the Borough Clerk, in cash or
by certified check, an amount sufficient to secure the cost of repairing
and replacing such street or other surfaces or appurtenances within
the street area as may be determined by the Borough Engineer. Such
sum shall be forwarded to the Borough Treasurer and the minimum amount
deemed sufficient for such purposes shall be $1,000, and such deposit
shall be held for a period of 90 days following the completion of
the work and only released upon the recommendation of the Borough
Engineer or the Superintendent of Public Works. Any person may file
a performance surety bond in the amount stated herein to secure the
cost of repairing and replacing such street or other surfaces or appurtenances
within the street area in the manner as herein provided.
b.
In lieu of security deposits required in Subsection 22-1.4a, any public utility subject to regulations by the Board of Public Utility Commissioners of this state may execute a bond in the penal sum of $10,000 to the Borough and file same with the Borough Clerk. Such bond shall be conditioned upon compliance with the applicable provisions of this chapter. In lieu of filing certificates of insurance as provided in Subsection 22-1.3, a 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. The provisions of this chapter shall not apply to the installation of public utility poles and anchors.
c.
Each bond filed pursuant to this chapter shall be in a form satisfactory
to the Municipal Counsel.
d.
No such security deposit, certified check or performance surety bond
shall be released by the Borough Clerk until all restorations of streets
or other surfaces or appurtenances within the street are completed
fully to the satisfaction of the Borough Engineer or Superintendent
of Public Works. Further, all fees and escrows must be submitted as
provided by this chapter and the work must be in compliance with all
other provisions of this chapter.
e.
Each bond filed pursuant to this chapter shall be in a form satisfactory
to the Municipal Counsel and shall remain in effect for a period of
one year after the last restoration work under any permit which has
been completed and accepted by the Borough.
[Added 11-9-2023 by Ord. No. 23-22]
a.
Each permittee for a permit shall pay the following fees for the
purposes of issuance of the permit, examination of drawings, and initial
deposit for the administration and inspection of work:
3.
New roadway disturbance fee. An additional fee shall be imposed for
the disturbance of a street which has been newly constructed, reconstructed,
or resurfaced within a period of five years from the date of acceptance
of such work, except that the penalty shall be waived in the event
the work is of an emergency nature. The new roadway disturbance fee
shall be on a sliding scale equal to 2% of the cost of restoring the
opening for each unelapsed month or fraction thereof of the five-year
restricted period. The cost of restoration and the validity of any
claim of an emergency shall be determined by the Borough Engineer
or Superintendent of Public Works. The minimum new roadway disturbance
fee shall be $1,000.
b.
Escrow. The permittee shall be required to post adequate funds in
escrow to reimburse the Borough for costs of inspection by the Borough
Engineer. The escrow deposit shall be computed as 5% of the restoration
cost of the excavation, with a minimum of $750. Any excess escrow
funds shall be returned to the permittee upon approval, acceptance
and recommendation by the Borough Engineer or Superintendent of Public
Works to the Borough Clerk.
[Added 11-9-2023 by Ord. No. 23-22]
a.
All persons making excavations in the street shall inquire of the
Chief of Police to determine if flagmen or detours of traffic are
needed, or the work is to be scheduled in order to minimize disturbance
of the normal traffic flow.
b.
Every person making an excavation shall be required to place and
maintain suitable warning devices, precaution notices, barriers and
lighting devices pursuant to the requirements of Title 39 of the Revised
Statutes of the State of New Jersey and amendments thereto, the Manual
on Uniform Traffic Control Devices (MUTCD), and such additional safety
warning devices as deemed necessary by the Borough Police Department,
the Borough Engineer, or the Superintendent of Public Works.
c.
All work shall be conducted in such manner as to minimize the obstruction
of traffic and inconvenience to the public and occupants of adjoining
property. Where less than two complete traffic lanes are maintained,
flagmen shall be employed. Flagmen shall meet the criteria set forth
by the NJ Department of Transportation. Where an excavation extends
the full width of a street, only 1/2 of such street shall be open
and backfilled prior to opening the remaining 1/2.
[Added 11-9-2023 by Ord. No. 23-22]
Unless otherwise directed by the Borough Engineer or Superintendent
of Public Works, the following specifications shall govern street
opening process:
a.
The permittee shall provide 48 hours' notice of the start of
the street opening to the Borough Engineer, the Department of Public
Works, and the Elmwood Park Police Department.
b.
The holder of the permit shall guard the excavation or excavations
by the erection of suitable barriers by day and the maintenance of
suitable lights by night. The Borough Engineer and or Police Department
may require additional security measures as required for public welfare.
Under no circumstances shall an open trench remain open overnight.
All open trenches shall be temporarily backfilled or sufficiently
plated with steel plates anchored to the existing street.
c.
All excavations within paved surfaces shall be preceded by the saw
cutting of the surface.
d.
The permittee shall provide access for the Borough Engineer to perform
the required inspections. The inspections performed by the Borough
Engineer do not relieve the permittee's responsibilities to perform
all work in accordance with the provisions of this chapter.
e.
All road, shoulder and driveway openings shall be backfilled with
material meeting the requirements of the NJDOT Dense Graded Aggregate
(DGA) unless otherwise specifically permitted by the Borough Engineer.
The backfill material shall not contain recycled products. The backfill
shall be tamped in six-inch layers with a mechanical tamper and made
thoroughly compact, firm and unyielding as backfilling progresses.
The backfill material shall be brought to within six inches from the
finished surface in roadway areas.
f.
All material not suitable for backfill and all excess backfill material
shall be removed from the site. The proper disposal of excavated material
shall be the sole responsibility of the permittee.
g.
Six inches of NJ Department of Transportation 19.5M64 Hot Mix Asphalt
shall be placed in two lifts and separately compacted so as to provide
a smooth surface. A thin tack coat shall be applied to the edges of
the excavation prior to the application of the asphalt.
h.
When, in the opinion of the Borough Engineer or the Superintendent
of Public Works, settlement in the pavement opening has ceased, the
bituminous concrete base course shall be removed to the required depth
and the edges of the existing pavement shall be neatly cut back to
a minimum of six inches with a pavement saw or pneumatic cutting tool,
and a permanent pavement shall be installed in the following manner.
There shall be no varying width in the final repair. The edges of
the existing pavement shall be coated with tack coat, and hot mixed
bituminous concrete pavement shall be installed consisting of four
inches of a NJ Department of Transportation 19.5M64 Hot Mix Asphalt,
and two inches of a NJ Department of Transportation 9.5M64 Hot Mix
Asphalt.
i.
All sidewalks, driveway openings, curbing and curb cuts shall be
replaced with NJDOT Class B concrete. Curb cuts shall be formed by
full depth depressed curb of a material consistent with the existing
curb and installed in accordance with N.J.A.C. 5:21-4.17. Appropriate
specifications for the shoulder openings or pavement openings shall
govern replacement of same.
j.
In the event that the street opening requires removal of a portion
or the whole crosswalk, the permittee is required to replace the existing
crosswalk stripe from curb to curb in its entirety to the current
crosswalk standard.
k.
In the event the permittee has been granted permission to make temporary
and permanent restoration of pavement, the permittee agrees to assume
all responsibility for any damage which may occur as a result of the
opening from the time the opening is made until permanent restoration
of pavement has been made and approved, at which time the Borough
assumes responsibility therefor.
[Added 11-9-2023 by Ord. No. 23-22]
a.
If the application for street opening permit involves a utility trench
that generally follows the centerline of the roadway, the permittee
shall be required to perform a two-inch mill and two inch overlay
between the curbline and centerline of the roadway. If the permit
extends to the next block or fraction of the next block the repaving
will include the full block area from curb to centerline. Only the
Mayor and Council shall have the authority to waive this requirement
upon a showing an undue hardship and or extenuating excusable circumstances.
b.
If the application for street opening permit requires the street
to be opened more than 25% of the surface area of the travel lane
or parking lane in one block, the applicant shall be required to perform
a two-inch mill and two-inch overlay between the curbline and centerline
of the roadway. If the permit extends to the next block or fraction
of the next block the repaving will include the full block area from
curb to centerline. Only the Mayor and Council shall have the authority
to waive this requirement upon a showing an undue hardship and or
extenuating excusable circumstances.
c.
In the case where there are multiple street openings required by
one entity or a combination of joint entities, and where the outside
edges of those openings are less than 50 feet apart, measured along
the centerline of the road, the permittee shall be required to perform
a two-inch mill and two-inch overlay between the curbline(s) and centerline
of the roadway to include the openings. Note that this section shall
apply to all openings required by the entity that remain visible within
the roadway, including those made under prior permits.
d.
In the case of a new roadway disturbance, the restorations outlined in Subsections 22-1.8a, 22-1.8b and 22-1.8c shall extend to the full width of the roadway. Only the Mayor and Council shall have the authority to waive this requirement upon a showing an undue hardship and or extenuating excusable circumstances.
[Added 11-9-2023 by Ord. No. 23-22]
a.
It shall be the responsibility of the permittee to progress the street
opening and restoration process in a timely manner, with no excavations
being left open overnight. All openings shall receive temporary pavement
within 48 hours of the backfill of the trench. All openings shall
receive permanent restoration no less than three, but no more than
six months after the temporary restoration.
b.
Should the permittee, in the opinion of the Borough Engineer or the Superintendent of Public Works, fail to progress the work as required by this chapter, the Borough Engineer or Superintendent of Public Works shall notify the Construction Official of such failure and the Construction Official shall, upon 24 hours' notice, whether oral or written, to the permittee, order such conformity with this chapter or such repair or any such work deemed necessary and proper by the Borough Engineer or Superintendent of Public Works, whereupon the Department of Public Works of the shall commence such work and the cost thereof shall be deducted from deposits received under Subsection 22-1.4 herein.
[Added 11-9-2023 by Ord. No. 23-22]
a.
Street openings or excavations may be made without obtaining a written permit as provided herein in cases of emergency which would appear reasonably to endanger public health or safety. In such emergencies, adequate precautions shall be taken as provided in Subsection 22-1.6. Prior to the start of such emergency work, the entity performing said work shall advise the Elmwood Park Police Department of the emergency work. Applications for a permit shall thereafter be made within a period of 72 hours and there shall be compliance with all other provisions of this chapter.
[Added 11-9-2023 by Ord. No. 23-22]
The provisions of this chapter shall be enforced by the Borough
Engineer and/or the Construction Official, or their designees.
[Added 11-9-2023 by Ord. No. 23-22]
Any person convicted of violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in § 1-5.
[1969 Code § 73-14]
It shall be unlawful to place any obstruction in any of the
gutters or the streets of the Borough, or to place or deposit any
glass, ashes or other refuse material on any of the streets or sidewalks
of the Borough.
[1969 Code § 73-15]
It shall be unlawful to drive any vehicle on or over any sidewalk
of any street of the Borough except on a driveway.
[1969 Code §§ 73-15 - 73-17]
a.
It shall be unlawful to place, deposit or keep any building or other
materials on any street or sidewalk of the Borough without first obtaining
a permit in writing from the Borough Clerk.
b.
Application. A permit required by this subsection shall be issued
by the Borough Clerk on application in writing, signed by the owner
of the land in front of which such street or sidewalk is located.
The permit shall state the length of time and location where the materials
shall be stored or the sidewalk crossed or driven on, and the owner
shall agree to repair any and all damage done to the street, curb
or sidewalk by reason of such use. The fee for issuing any such permit
shall be $2, to be paid by the applicant.
c.
Protection Required. All building or other material stored on any
street under any such permit shall be placed in a compact pile adjoining
the curb and shall not extend more than six feet from said curb into
the street and shall be properly guarded by red lights at night, and
shall be so piled as to not interfere with the flow of water in the
gutters.
[1969 Code § 73-18]
The Borough Council shall have the right to revoke any permit
when, in the judgment of said Council, it shall be for public interest
so to do.
[1969 Code § 73-19; New]
[1969 Code § 73-1]
No person shall erect any dwelling, business or industrial structure on a lot fronting on a public street in the Borough unless curbs and sidewalks are constructed on the property on which the building is located in compliance with § 22-4.
[1969 Code §§ 73-2, 73-4; amended 4-16-2020 by Ord. No. 20-10]
a.
The owner
or occupant of the premises abutting any concrete sidewalk and curb
shall maintain such sidewalk and curb at all times in a good and passable
condition and at a grade which will prevent water accumulating thereon,
and shall replace and repair any part of the curb or portion of sidewalk
which becomes broken and shall maintain the flagstones of the sidewalk
so that the joints thereof are even. The surface of all concrete sidewalks
shall be kept properly roughened so as not to become smooth and slippery.
b.
In case
any sidewalk or curb becomes out of repair, the owner or occupant
of the lands abutting such sidewalk or curb shall forthwith, upon
receipt of written notice from the Superintendent of the Department
of Public Works, repair or cause the same to be repaired and made
in a good and passable condition, conforming with the requirements
as above set forth.
c.
Replacement by Borough.
[Amended 6-18-2020 by Ord. No. 20-16]
1.
Upon the following events, and solely upon such events:
(a)
When the Borough has or will undertake the obligation to fully
repave any roadway in the Borough curb to curb; and/or
(b)
When a Borough-owned road or any part thereof is to be paved
or will be paved, curb to curb, by any other entity; or
(c)
When a particular project is approved, and bidding has been
awarded and work has begun or will begin;
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The curbs in that roadway and/or portion of that roadway being
or which will be paved, curb to curb, shall be evaluated by the Borough
Engineer and/or the DPW Superintendent.
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2.
The Borough Engineer and/or the DPW Superintendent shall determine
if a curb or any span or portion thereof should be replaced. Upon
such determination, the Borough Engineer and/or the DPW Superintendent
shall advise the Borough Council and Mayor of this recommendation
for approval for any repair and/or replacement of such curb or part
thereof, and the Borough Council shall consider such recommendation
and shall have final determination and final approval for same.
3.
In determining the replacement or the need thereof, the Borough Engineer
and/or the DPW Superintendent shall consider the following criteria:
(a)
The curb should be replaced if, upon the discretion of the Borough
Engineer and/or the DPW Superintendent, it is determined that 30%
or more of the exposed curb is missing, or as recommended by the Council;
and/or
(b)
The curb should be replaced if, upon observation of the Borough
Engineer and/or the DPW Superintendent, it can be observed, solely
by visual inspection, that the span is not fixed in place or can be
observed to be movable due to the separation from, or lack of, subsurface
curb to hold the curb in place throughout the duration of the improvements
to the roadway in question; and/or
(c)
The curb should be replaced if it does not meet certain building
code requirements which will be determined and recommended by the
Borough Building Inspector; and/or
(d)
The curb should be replaced if, at the recommendation of the
Borough Engineer and/or the DPW Superintendent, the integrity of the
curb or span of curb is compromised where it can be anticipated that
it may or will break up or will be damaged in the milling process;
and/or
(e)
The curb should be replaced if 30% or more of the exposed curb
or any portion thereof is not properly attached to the remainder of
the span, whereas a span of curb is designated to be nonmonolithic
and fully separated from the sidewalk, roadway, and any other span
of curb. However, this 30% is a mere guide and is not fixed or a requirement,
but it is stated solely for a guide to logically set a minimal point
reference when the curb should need to be replaced.
4.
At all times, notwithstanding the language in this subsection, or
any other language contained in the Borough Code to the contrary,
it will remain the discretion of the Mayor and Council to determine,
after advice of the Borough Engineer and/or the DPW Superintendent,
whether or not any particular curbing should be replaced.
5.
Upon the above replacement and repaving criteria and condition, the
property owners adjacent to the said roadway in which the Borough
and/or other entity replaces the curbs based upon the above will not
be responsible for the costs of the replacement of curb. However,
the property owners will continue to be responsible for said curb
in the future as set forth in the prior subsections of this section.
[1969 Code § 73-6]
a.
Every applicant for a construction permit shall indicate thereon
the location of curbs and sidewalks on the plot plan submitted.
b.
Before applying for a construction permit, each applicant shall obtain
from the Borough Engineer lines and grades, and all sidewalk, curb
and road improvements made shall be to the line and grade as established
by the Borough Engineer.
1.
If official grades have not been established for that street, the
Borough Engineer shall establish grades at the cost of the Borough.
2.
When an applicant requests from the Borough Engineer sidewalk, curb
or road improvement grades, the applicant shall pay the Engineer's
fees as set by him to the Borough Clerk.
[1969 Code § 73-7; Ord. No. 70-16]
No Certificate of Occupancy for any building shall be granted
by the Construction Official until and unless the construction of
curbs, sidewalks and pavements are completed and approved as to location,
grade, materials and workmanship after inspection thereof by the Construction
Official.
[Ord. No. 01-15 § I]
The purpose of this section is to establish specifications for
the installation of concrete sidewalks, driveway aprons and curbing
within the Borough.
[Ord. No. 01-15 § II]
The following shall constitute the specifications for the installation
of concrete sidewalks, driveway aprons, and curbs:
a.
Sidewalks. Sidewalks shall be composed of a layer of monolithic Class
"B" air-entrained concrete four inches thick, on a base of sand, gravel
or crushed stone six inches thick, constructed on a firm and unyielding
earth foundation. Sidewalks shall conform to the lines and grades
established by the Engineer and shall be sloped to the curb at the
rate of 1/4 inch per foot except as otherwise specifically permitted
by the Engineer.
b.
Driveway Aprons (Residential Areas). Driveway aprons shall be composed
of a layer of monolithic Class "B" air-entrained concrete six inches
thick, on a base of gravel or crushed stone six inches thick shall
be approved by the Borough Engineer. All driveway opening shall have
a separate depressed concrete curb nine inches wide and 14 inches
deep between the pavement cartway and the driveway apron. Slopes shall
be approved by the Borough Engineer.
c.
Driveways (Industrial and Commercial Areas). Driveways shall be composed
of a layer of monolithic Class "B" air-entrained concrete eight inches
thick and reinforced with welded wire mesh (#9 wire), on a base of
sand gravel or crushed stone six inches thick, constructed on a firm
and unyielding earth foundation. Slopes shall be approved by the Borough
Engineer.
d.
No mortar facing will be permitted on any sidewalk.
e.
Concrete Curb (Residential Areas). Curb shall be six inches wide
at the top, eight inches wide at the bottom, and 20 inches deep. It
shall be monolithic and composed of Class "B" air-entrained concrete
constructed on a firm and unyielding earth foundation. The curb shall
conform to the lines and grades approved by the Engineer, except as
otherwise specifically permitted by the Engineer.
f.
Concrete Curb (Central Business District and Industrial Areas). Curb
shall be eight inches wide at the top, nine inches wide at the bottom,
and 20 inches deep. It shall be monolithic and composed of Class "B"
air-entrained concrete constructed on a firm and unyielding earth
foundation. The curb shall conform to the lines and grades established
by the Engineer, except as otherwise specifically permitted by the
Engineer.
[Ord. No. 01-15 § III]
Concrete shall be laid in alternate sections 10 feet long, each
section to be laid in one operation as a monolith. The upper surface
shall be finished before the lower portion of the slab has set. The
surface of the concrete shall be carefully graded and screened with
a strike board, and finished with a wooden float to a satisfactorily
roughened surface. Adjacent sections are to be separated by an expansion
joint composed of a preformed bituminous joint filler or preformed
bituminous cellular type joint filler 1/2 inch thick. After finishing,
the concrete shall present an even surface to the required grade and
shall be free from holes, marks, differences in coloring and other
imperfections.
[Ord. No. 01-15 § IV]
Curb shall be laid in sections 10 feet long, adjacent sections
to be separated by an expansion joint composed of a preformed bituminous
joint filler or a preformed bituminous cellular type joint filler
1/2 inch thick. Concrete shall be properly finished and shall present
an even surface to the required grade.
[Ord. No. 01-15 § V]
The following constitutes the construction detail for the construction of sidewalk and driveway details for new construction in the Borough of Elmwood Park, County of Bergen, State of New Jersey. (See diagram following, § 22-4.)
[Ord. No. 01-15 § VI]
No person, firm, corporation or other entity shall install or
attempt to install any concrete sidewalk, driveway apron or curb within
the Borough without first having to obtain a permit for the same from
the office of the Borough Engineer (construction official) by paying
a fee for the same in the sum of $25 for each 25 feet of frontage
or part thereof, for the sidewalk, driveway apron, or curb.
[Ord. No. 01-15 § VII]
Inspection shall be done by the designee of the Borough of Elmwood
Park prior to concrete pouring and subsequent to concrete pouring.
In the event of noncompliance with the requirements of this section,
all work determined not to be in compliance by the inspector shall
be redone in accordance with the specification required by this section.
[Ord. No. 01-15 § VIII]
Failure on the part of any person, firm, corporation or other
entity to comply with the requirements of this section shall subject
the said person, firm, corporation or other entity to a fine of $100
for the first offense and $200 for each and every subsequent offense
thereafter.
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[1969 Code § 73-21; amended 11-8-2018 by Ord. No. 18-28]
It shall be the duty of the owner or owners of any premises
abutting or bordering upon any street, avenue or highway in the Borough
to remove or cause to be removed all ice and snow from the sidewalks
and gutters in front of the premises and service walks leading to
the entrances of the premises within 24 hours after such snow or ice
has fallen or accumulated thereon.
[1969 Code § 73-22; amended 11-8-2018 by Ord. No. 18-28]
In addition to the obligation imposed by Subsection 22-6.1, it shall be the duty of the owner or owners of any premises in which there are in excess of three living units or apartments and for which parking lots are provided for the use of the tenants of such units, to remove or cause to be removed all ice and snow from said parking lots and from driveways leading to said parking lots from the public streets, avenues or highways, within 24 hours after such snow or ice has fallen or accumulated thereon.
[1969 Code § 73-23]
It shall be the duty of the owner or owners of any premises
abutting or bordering upon any street, avenue or highway in the Borough
to remove or cause to be removed all grass, weeds, brush and other
impediments from the sidewalks and gutters in front of said premises,
within three days after notice to remove the same is given by the
Superintendent of Public Works, Code Enforcement Officer, Police Chief,
or other officer as the Borough Council may designate.
[1969 Code § 73-24]
a.
No person, including the owner or occupant of any land or premises
abutting or bordering upon any street, shall place, deposit, throw
or shovel any snow or ice into or upon that portion of any street
which has been cleaned, plowed or shoveled of snow or ice by the Borough
or by any governmental agency or authority, or by any public utility
having and exercising a franchise or permit to operate buses along
any streets in the Borough, at any time after the street has been
cleaned or plowed.
b.
No owner or occupant of any lands or premises bordering upon any
street shall cause, allow or permit any person to perform any of the
conduct prohibited by this subsection.
[1969 Code § 73-25; Ord. No. 96-4 § 1]
a.
Any person failing to comply with the provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5. In addition, the Judge of the Municipal Court shall require the performance of community service within the Borough for a period of one day for the first violation and five days for any subsequent violation.
b.
The Police Department and the Superintendent of Public Works shall
enforce compliance with the terms and conditions of this section.
[1969 Code § 73-28]
a.
In case such owner or owners of any premise abutting or bordering
on any street, avenue or highway in the Borough shall fail to remove
such ice, snow, grass, weeds, brush or other impediments from the
sidewalks and gutters, as provided in this section, it shall be the
duty of the Superintendent of the Department of Public Works or such
other officer as the Borough Council may have designated, to remove
or cause to be removed said ice, snow, grass, weeds, brush and other
impediments from said sidewalks and gutters.
b.
The cost and expenses incurred by the Department of Public Works or by such other officer as the Borough Council may designate for removing or causing to be removed such ice, snow, grass, weeds, brush and other impediments from any sidewalk or gutter in front of any premises in the Borough, shall be ascertained by the Borough Council as nearly as can be, and certified to the Tax Collector. The cost and expense shall become the first and paramount lien upon such premises from the date of such certification, and shall be added to, recorded and collected in the same manner as the taxes next to be assessed and levied upon these premises. The imposition and collection of the fine as provided in Subsection 22-6.5 shall not bar the right to collect the cost and expenses of the removal of such ice, snow, grass, weeds, brush and other impediments in the manner authorized, but the remedies shall be cumulative.
[1969 Code § 52-1]
A system is hereby established with respect to the assignment
and allotment of official street numbers to lands fronting upon the
various streets within the Borough.
[1969 Code § 52-2]
Street numbers shall be assigned and allotted to the owners
of lands by the Borough Engineer or such other person as may be designated.
Street numbers shall be assigned and allotted as nearly as possible,
at twenty-five-foot intervals, and as and when said allotment takes
place, numbers shall be placed upon the official Tax Map of the Borough
and thereafter all persons shall take due notice thereof. The Borough
Engineer or such other person as may be designated shall also have
the power and duty of correcting any errors with respect to assignment
and allotment of said street numbers, as and when they are discovered.
[1969 Code § 52-3]
Upon the dedication and acceptance of new streets within the
Borough, official street numbers shall be assigned and allotted in
the same manner as is hereinabove set forth with respect to existing
streets.
[1969 Code § 52-4]
In all cases where any owner or owners shall construct or place
upon any premises in the Borough a dwelling or other structure for
business or industry, it shall be the duty of the owner or owners
thereof to apply to the Borough Engineer for the correct number of
said house or place of business or industry as the same is indicated
on said map and the supplements thereto. Upon being furnished the
correct number of such property, the owner shall notify the Construction
Official and use the number in making application for a building permit.
Thereafter, the owner shall place or affix to the front of the house
or place of business or industry the number, in conformity with the
number designated in the map by the Borough Engineer.
[1969 Code § 52-5]
In all cases where numbers are or shall hereafter be placed
on the map by the Borough Engineer, it shall be the duty of each owner
or owners to apply to the Borough Engineer for the correct number
of the house or place of business or industry as the same is designated
on the said map and the supplements thereto. Upon said application,
the Borough Engineer or such other person as may be designated shall
furnish to said applicant the correct number of applicant's property,
and the property owner shall thereupon place or affix to the front
of the house or place of business or industry the number thereof,
in conformity with the number as designated on the said map by the
Borough Engineer.
[1969 Code § 52-6]
Every owner of any dwelling or place of business or industry,
now or hereafter erected or placed upon premises abutting a public
street or highway, shall number or cause to be numbered the dwelling
or place of business or industry in conformity with the number designated
on the aforesaid map and the supplements thereto, within five days
from the date of written notice from the Borough Engineer. The notice
shall be sent by mail to the owner or owners at his or their last
address appearing on the tax records of the Borough, or by leaving
the notice at the dwelling or place of business or industry with someone
in charge thereof.
[1969 Code § 52-7]
No subdivision of lands shown upon a map shall be approved by
the Planning Board unless the applicant shall first apply to the Borough
Engineer or other designated person and received the correct number
of each parcel of land as shown upon the map. The numbers furnished
by the Borough Engineer shall be placed upon the subdivision map in
accordance with such designations. Upon approval of such subdivision
map and filing thereof with the Borough Engineer, such approved subdivision
map shall, for the purpose of this section, be a supplement to the
aforementioned map.
[1969 Code § 52-8; New]
If the owner of any dwelling or place of business or industry shall fail or neglect to number or cause premises to be numbered in conformity with this section, it shall be the duty of the Borough Engineer to cause the correct number to be placed upon such building at the expense of the owner. Any person violating any provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 05-24 § 1]
The purpose of this section is to authorize "outdoor cafes"
in the Borough of Elmwood Park.
[Ord. No. 05-24 § 2]
For the purpose of this section, the following words shall have
the meanings respectively ascribed in this section:
Shall mean any eating establishment where food and other
refreshments are served upon the public right-of-way, namely the sidewalks
immediately in front of any restaurant, cafe, cafeteria or place of
business where food and/or other refreshments are served, or where
permitted on private property pursuant to the Land Use Ordinance.
Shall mean that area of the public right-of-way reserved
for pedestrian traffic from the curb to the front line of the building
housing an eating establishment.
[Ord. No. 05-24 § 3]
It shall be lawful for any person, firm, partnership, corporation,
association or organization of any kind (hereinafter collectively
referred to as "person") to create, establish, operate, maintain or
otherwise be engaged in the business of conducting an outdoor cafe
upon the sidewalks of the Borough of Elmwood Park, or on private property,
pursuant to the terms of this section.
[Ord. No. 05-24 § 4]
A minimum of six feet of unobstructed paved surface must be
available for pedestrian traffic around or through such outdoor cafe,
and that such outdoor cafe be directly in front of an eating establishment
as hereinabove defined. Under no circumstances shall the number of
tables per business establishment exceed three. No food or drinks
served at such outdoor cafe shall be prepared or stored other than
in the interior of the eating establishment. The term "directly in
front of" shall confine the cafe to the area represented by an extension
of each side of the store occupied by the eating establishment projected
directly to the curbline immediately in front thereof.
[Ord. No. 05-24 § 5]
Any person, firm, partnership, corporation, association or organization
of any kind who engages in the business of conducting such an outdoor
cafe pursuant to this section shall be subject to inspection by the
Health, Fire, Police and Building Officials of the Borough of Elmwood
Park for continued compliance with the terms and conditions of this
section and any Federal, State, County or local law, ordinance or
regulation affecting the same.
[Ord. No. 05-24 § 6]
No person shall operate an outdoor cafe until such person shall
have first filed with the Construction Code Official a comprehensive
general liability policy issued to such person by a public liability
insurance company authorized to do business in the State of New Jersey
affording the coverages set forth below in the amounts specified.
Such insurance policy shall name the Borough of Elmwood Park, 182
Market Street, Elmwood Park, New Jersey, 07407, its agents, officers,
servants, representatives, and employees, as additional insured with
respect to the operation and maintenance of the outdoor cafe in the
following amounts:
|
Bodily injury, each person
|
$300,000
|
|
Each accident
|
$1,000,000
|
|
Property damage, each person
|
$300,000
|
|
Each accident
|
$1,000,000
|
The insurance coverage required by this section shall at all
times be maintained for the full amount. The policy of insurance required
by this subsection to be filed with the Construction Code Official
shall contain a clause obligating the company issuing the same to
give not less than 30 days' written notice to the Borough of Elmwood
Park before cancellation or amendments of any of the terms thereof.
Notice of cancellation shall not relieve the company issuing such
policy of liability for any injury or claim arising before the cancellation
becomes effective. The cancellation of any such policy shall have
the immediate affect of suspending the operation of the outdoor cafe
covered thereby until a new policy complying with the provisions of
this subsection is filed with the Construction Code Official.
[Ord. No. 05-24 § 7]
Every insurance policy required hereunder shall contain a provision
for continuing liability thereunder to the full amount thereof notwithstanding
any recovery thereon, that the liability of the insured shall not
be affected by the insolvency or the bankruptcy of the insured, and
that until the policy is canceled the insurance company will not be
relieved from liability on account of nonpayment of premium or of
any act or omission by the named insured. Such policy of insurance
shall be further conditioned for the payment of any and all judgments
up to the limits of such policy.
[Ord. No. 05-24 § 8]
Any person operating an outdoor cafe is responsible for keeping
the area of the outdoor cafe and the adjacent walks and streets free
and clear of any debris or litter occasioned by the cafe. Areas must
be cleaned as needed and at the time that business is closed and at
the beginning of each business day, but not later than 9:00 a.m.
[Ord. No. 05-24 § 9]
No vending machines of any kind are permitted on the exterior
of any building operating an outdoor cafe.
[Ord. No. 05-24 § 10]
No signs shall be permitted in the area of the outdoor cafe
except signs on the awnings complying with the Sign Ordinance of the
Borough of Elmwood Park.[1] Outdoor umbrellas located in the outdoor cafe shall be
exempt from the Sign Ordinance of the Borough of Elmwood Park.
[Ord. No. 05-24 § 11]
If the operator of the outdoor cafe is the holder of an alcoholic
beverage control license pursuant to the laws of the State of New
Jersey, it shall be such person's responsibility to cause the Alcohol
Beverage Control license to be amended to include the premises utilized
for outdoor cafe purposes in order to serve alcoholic beverages therein.
[Ord. No. 05-24 § 12]
Outdoor cafes shall be permitted to operate from April 1 to
October 31 in any calendar year.
[Ord. No. 05-24 § 13]
No tables, chairs, or other equipment used in the outdoor cafe
shall be attached, chained or in any manner affixed to any tree, post,
sign, curb or sidewalk, or property of the Borough of Elmwood Park
within or near the cafe area.
[Ord. No. 05-24 § 14]
The operator of the outdoor cafe shall not direct or permit
to be directed to or from the area occupied by the outdoor cafe any
bell, chime, siren, whistle, loudspeaker, public address system, radio,
sound amplifier or similar device.
[Ord. No. 05-24 § 15]
No outdoor cafe shall open for business prior to 7:00 a.m. nor
remain open for business after 11:00 p.m. All persons occupying the
outdoor cafe shall vacate same no later than 11:30 p.m.
[Ord. No. 05-24 § 16]
Failure to comply with the provisions of this section shall
result in the immediate suspension of the operation of the outdoor
cafe, and a fine of up to $25 per day shall be imposed.
