[1980 Code §§ 105-1 through 105-8; Ord. No. 1140; Ord. No.
2173; Ord. No. 2187 ; Ord. No. 2397; Ord. No. 2504-2017; amended 9-5-2019 by Ord. No. 2586]
It shall be unlawful to excavate, dig in, tunnel or open any
public street in the Borough of Roselle Park for any purpose without
a permit being first secured from the Borough Public Works Superintendent
or authorized agent and except upon compliance with the provisions
of this section. "Street," for the purpose of this section, shall
mean any road, thoroughfare, 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 other state or county road or highway over
which the Borough has acquired jurisdiction by agreement.
Any person, firm, or corporation desiring a permit for the opening
of a street or tunneling therein shall make application to the Borough
of Roselle Park Public Works Superintendent or authorized agent, care
of the Office of the Borough Clerk, setting forth the following information:
a.
The name, mailing address, phone number, and email address of the
applicant.
b.
The name, mailing address, phone number and emergency contact number
for the workmen or construction contractor who is to perform work
associated with roadway opening.
c.
A brief description of the character of the work to be conducted.
d.
The name of the street where the opening is to be made and the street
number, if any, of the nearest adjacent property.
e.
The total area planned for excavation calculated in square feet where
roadway surface is subject to work.
f.
The date when work is to be commenced and completed.
g.
A statement that the applicant agrees to replace, at its own cost
and expense, in accordance with Borough specifications and details,
the opening to, at a minimum, the same state and condition as they
were at the time of the commencement of the work, and further agrees
to comply with all other applicable ordinances, regulations and laws
relative to the work.
h.
A form agreement to indemnify and hold harmless the Borough from
all loss, damage, claim or expense, including expenses incurred in
the defense of any litigation arising out of injury to any person
or property resulting from any work done by the applicant under the
permit.
i.
The registration number from the underground utility location service
"New Jersey One Call" (1-800-272-1000) indicating that they have been
properly notified and will locate underground facilities in the area
of the proposed opening or tunneling operation.
j.
If the applicant is proposing a sanitary sewer connection to a Borough-owned
sanitary sewer, the applicant shall submit sanitary sewer connection
details. The submittal shall include inverts elevations at the proposed
connection and exiting the structure.
k.
Such other information as the Borough Public Works Superintendent
or authorized agent may consider pertinent.
The Borough of Roselle Park Public Works Superintendent or authorized
agent is hereby authorized to refuse the issuance of any permit if
such refusal is in the interest of public safety, public convenience
or public health. If a permit is refused by the Borough of Roselle
Park or authorized agent, an appeal may be taken to the governing
body of the Borough. The governing body, after hearing the applicant
and the Borough Public Works Superintendent or authorized agent and
such evidence as may be produced, may either direct the issuance of
such permit or sustain the refusal of the Public Works Superintendent
or authorized agent.
a.
Permits for openings on roadways which have been revitalized, reconstructed
or otherwise resurfaced by the Borough of Roselle Park within five
years shall be granted with the understanding and contingent upon
the applicant's agreement to repave the affected roadway curb-to-curb
within the project limits at the direction of the Borough of Roselle
Park. This provision shall not apply in an emergency as outlined in
this section.
b.
Permits for openings on roadways which have been revitalized, reconstructed
or otherwise resurfaced by the Borough of Roselle Park more than five
years prior to the commencement of work shall be granted with the
understanding and contingent upon the applicant's agreement to repave
1/2 of the affected roadway within the project limits at the direction
of the Borough of Roselle Park. This provision shall not apply in
an emergency as outlined in this section.
1.
Patch and small longitudinal trench restoration, completed with strict
adherence to all conditions and regulations of this section, included
under this subsection may be approved at and within the sole discretion
of the Borough Public Works Superintendent or authorized agent.
All permits issued under this section shall require the applicant
to comply with the following:
a.
All excavations shall be kept properly barricaded at all times and,
during the hours of darkness, shall be provided with the proper warning
lights. The applicant shall provide such signs, controls, barricades,
warning lights and personnel necessary for safe operation and compliance
with the current edition of the New Jersey Department of Transportation
Construction Specifications for Bridge and Roadway Construction, the
current edition of the Manual on Uniform Traffic Control Devices,
and all applicable federal and state laws.
b.
All excavations or tunneling shall be sheeted, shored or braced in
accordance with applicable safety codes and Occupational Safety and
Health Administration (OSHA) standards.
c.
All work shall be done in such a manner as to cause a minimum of
interference with travel on the street affected. No street shall be
closed to traffic unless the closing is approved by the Roselle Park
Police Department. The Borough Public Works Department and the Police
Department shall be notified of all street closings at least 48 hours
in advance, except where the work is of an emergency nature as defined
by this section, when notice shall be given to the Public Works Superintendent
or authorized agent and Police Department when work commences.
d.
Longitudinal and transverse trenches must be saw-cut in a neat straight
line. The lines shall be parallel to the roadway center line with
square edges. If during construction the pavement edge is broken,
the pavement shall be saw-cut to provide a neat straight line.
e.
All refuse and material shall be removed as soon as possible, but
within no more than 24 hours.
f.
All excavations shall be completely backfilled with a ready-mixed
flowable fill with a twenty-eight-day compressive strength of 1,200
psi to within six inches of the surface of the pavement for the hot
mixed asphalt base course (four inches) and hot mix asphalt surface
course (two inches).
g.
If tunneling operations are required the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
h.
Wherever it is necessary to cross over, through or under existing
bridges or culverts, plans must be submitted to the Borough of Roselle
Park for reviewed by the Borough Engineer. Such plans shall outline,
in detail, the proposed method of crossing such structures. Such plans
are subject to final approval by the Borough Engineer.
i.
If blasting is required in the course of any excavation, it shall
be done in strict compliance with all applicable state laws and regulations.
j.
Restoration of any street foundation or surface shall not commence
until the Borough Public Works Superintendent or authorized agent
or his designated representative has determined that the ready-mixed
flowable fill has cured sufficiently for placement of asphalt courses.
k.
The finished pavement thickness shall match that of the existing
roadway, but shall not be less than six inches thick. The typical
pavement section shall consist of Hot Mix Asphalt Base Course, Mix
I-2, four inches thick and Hot Mix Asphalt Surface Course, Mix I-5,
two inches thick. For longitudinal trenches, the contractor shall,
at a minimum, mill and resurface half of the roadway width from edge
of pavement to center line of the road. Prior to placing the top course
material, the base course and cold joints must be tack coated. Where
openings have been made in a concrete roadway, the trench shall be
excavated to the bottom of the concrete base course. The existing
concrete base course shall be drilled and doweled and concrete base
course with a minimum twenty-eight-day compressive strength of 4,500
psi shall be installed to match the existing concrete thickness.
l.
The street surface shall be restored to the satisfaction of the Borough
Public Works Superintendent or authorized agent. The surface pavement
at the utility service connections shall be heated using infrared
technology so that the mending of the old and new asphalt is achieved
and joints are not visible.
m.
All work, material, and equipment shall conform to the requirements
of the current edition of the New Jersey Department of Transportation
Construction Specifications for Bridge and Roadway Construction. The
materials and work shall also be in accordance with applicable Township
regulations, specifications, and details as deemed appropriate by
the Borough Public Works Superintendent or authorized agent.
The following conditions and regulations shall apply to all
permits issued under this section:
a.
A permit shall apply only to the person to whom it is issued and
shall not be transferable.
b.
A permit shall be granted on a per opening basis, where openings
are contiguous in nature. Separate openings shall require separate
permits regardless of their proximity to one another.
c.
Work under a permit shall commence within 30 days from the date of
issuance of the permit, which shall be valid for 30 days therefrom.
If work is not commenced within that time, the permit shall automatically
terminate, unless extended in writing by the Borough Public Works
Superintendent or authorized agent.
d.
A copy of the permit shall be kept in possession of the person actually
performing the work and shall be exhibited on demand to any duly authorized
representative or police officer of the Borough.
e.
The Borough Public Works Superintendent or authorized agent may revoke
a permit for any of the following reasons:
1.
Violation of any provision of this section or any other applicable
rules, regulations, law or ordinance.
2.
Violation of any condition of the permit issued.
3.
Carrying on work under the permit in a manner which endangers life
or property, or which creates any condition which is unhealthy, unsanitary
or a nuisance.
f.
In special cases, the governing body of the Borough may, by resolution,
impose special conditions to which the issuance of a permit may be
subject, or may decide that any provision of this section shall not
be applicable or may be modified.
g.
The Borough Public Works Superintendent or authorized agent may make
any rules and regulations which he considers necessary for the administration
and enforcement of this section, but no regulation shall be inconsistent
with, alter or amend the intent of any provision of this section or
impose any requirement which is in addition to those expressly or
by implication imposed by this section. Copies of all current regulations
shall be furnished each permittee at the time of the issuance of the
permit.
a.
Prior to issuance of any permit pursuant to this section, the applicant
shall file an application for said permit at least 48 hours prior
to the expectation of the issuances of the same or the commencement
of work and shall pay for said permit in accordance with the following
schedule:
|
Application Fee(s)
|
Normal
|
$40
|
|
Unreported
|
$120
| |
|
Emergency
|
$0
| |
|
Permit Fee(s)
|
Less than or equal to 25 square feet
|
$100
|
|
Greater than 25 and less than 50 square feet
|
$150
| |
|
Over 50 square feet
|
$3 per square foot
| |
|
Inspection Fee
|
All openings
|
$75
|
|
Cash Bond
|
Opening less than or equal to 50 square feet
|
$500
|
|
Opening greater than 50 square feet
|
$1,000
|
b.
All application, permit and inspection fees are nonrefundable, and
said application and permit, once issued, are valid for a period of
one year, assuming compliance with the provisions of this section.
c.
All fees shall be waived for work done by the County of Union and
State of New Jersey. Both entities shall be required to file an application
prior to any work being done.
d.
In lieu of case-by-case bonds, public utilities shall be allowed
to establish an escrow account with the Borough of Roselle Park for
the required cash bonds. A maximum of $2,500 shall be deposited in
this account, unless a single project requires the posting of a larger
amount as determined by the Borough Public Works Superintendent or
authorized agent, in their sole and professional discretion. The Borough
of Roselle Park shall have the authority and right to use the escrow
funds to restore or maintain the work covered by the permit if the
applicant fails to do so within 24 hours of notification by the Borough
in instances of public safety of the traveling public.
e.
The provisions of above Subsection d notwithstanding, one year after permanent restoration is completed, the Borough Public Works Superintendent or authorized agent shall reinspect the work area. If the restoration is satisfactory, the cash bond shall be refunded. If additional restoration is required, the Borough shall notify the applicant of the additional work to be performed and will reinspect the restoration area again. One month after the corrective action, a refund shall then be made if restoration is satisfactory.
For the purpose of this section, an emergency shall be defined
as an event or occurrence in which a sewer main, conduit or utility
in or under any road breaks, bursts or otherwise is in such condition
as to immediately endanger the property, life, health or safety of
any individual. The person, company or utility owning or controlling
such sewer, main, conduit or utility, without first applying for and
obtaining a permit herein described, shall immediately take proper
emergency measures to secure or remedy the dangerous conditions for
the protection of property, life, health and safety of individuals.
However, such person owning or controlling such a facility shall apply
for an excavation permit not later than the end of the next succeeding
day during which Borough offices are open for business, and shall
not proceed with permanent repairs without first obtaining a permit.
Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine not exceeding $1,000
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
Those empowered to enforce the provisions of this section shall
be any officer of the Roselle Park Police Department, the Roselle
Park Superintendent of Public Works or their authorized representative,
or any officer of the Roselle Park Department of Code Enforcement.
[1980 Code § 176-1]
a.
All sidewalks in the Borough shall be paved and maintained in good
condition so as to be even on the surface and to shed water freely.
All of the space devoted to sidewalks shall be kept free from grass,
weeds, shrubs or other thing or substance likely to interfere with
safe and easy travel by pedestrians or persons lawfully using same.
All of the foregoing shall be done at the expense of the owner or
owners of the land or lot abutting thereon, as hereinafter provided.
b.
All sidewalks shall be graded to rise from the top of the curb to
the nearest sideline of the street at the uniform rate of one-fourth
(1/4) inch to each lineal foot of such distance. Where the sidewalk
is paved for only a portion of its width, the paved portions of the
walk shall be elevated one (1) inch above the general grade as above
required. The Borough Engineer may modify these requirements in any
specific case.
All sidewalks hereafter paved shall be constructed of concrete,
of the materials and in the manner hereinafter provided, with the
following exception:
a.
Any sidewalk now paved with flagstone may be relaid or repaired with
the same material, provided that the sidewalk shall in all other respects
comply with the provisions of this section, and provided further that
the Mayor and Council may at any time, by resolution, order any flagstone
pavement on any sidewalk removed and replaced by concrete, which shall
thereupon be done.
b.
Whenever and so often as the Mayor and Council shall by resolution direct that notice be given as provided in Subsection 23-2.8 to repair or relay any now-existing flagstone sidewalk, notice shall be given as provided in Subsection 23-2.8, and in case an occupant so notified shall fail to comply with the requirements of such notice, proceedings shall be had as in other cases mentioned in such section and the cost of the work of relaying or repairing such flagstone shall be certified and collected as in other cases mentioned in that section.
[1980 Code § 176-3]
Sidewalks shall be constructed according to the following specifications:
a.
Size of Slabs. No paved walk shall be less than four (4) feet wide
and four (4) inches thick. It shall be divided into slabs or independently
divided blocks, the length of which shall in general be the same as
the width of the walk. When not reinforced, the slabs shall have an
area of not more than thirty-six (36) square feet and shall have no
dimension greater than six (6) feet.
b.
Thickness. Sidewalks in residence districts shall be four (4) inches
thick; in business and industrial districts, five (5) inches thick;
where driveways cross sidewalks, seven (7) inches thick.
c.
Subgrade and Foundation. Excavation shall be to a depth two (2) inches
greater than the thickness of the walk. The subgrade shall be thoroughly
compacted and shall be free from vegetable matter or soft material.
Upon this subgrade shall be placed a foundation of cinders or other
approved pervious material, which shall be properly rammed and consolidated
to a uniform plane the required thickness of the walk below the finished
grade thereof. It shall be thoroughly wetted before concrete is laid.
The foundation shall be drained to gutters or other outlets by stone
or cinder drains so that no water will be retained therein.
d.
Concrete Materials.
1.
Cement shall be first quality, meeting A.S.T.M. requirements.
2.
Fine aggregate shall be hard-grained quartz sand, uniformly graded
in size from fine to coarse, coarse particles predominating; shall
be sharp, free from clay or loam, organic or other deleterious material,
and meeting the standard requirements of the New Jersey State Highway
Department.
3.
Coarse aggregate shall be clean broken traprock or other approved
stone, graded in size from one (1) inch down.
e.
One-Course Concrete Walk.
1.
Concrete for one-course walk shall consist of one (1) part Portland
cement, two (2) parts fine aggregate and not more than three (3) parts
coarse aggregate by volume.
2.
Concrete shall be thoroughly and uniformly mixed, with all voids
filled. It shall be placed on the foundation, thoroughly rammed, coarse
materials forced below the surface and leveled off with a strike board.
The surface shall be finished with a wooden float to secure a gritty
finish.
3.
Metal cross forms shall be set at right angles to the walk the full
depth thereof to divide same into independent slabs and shall be left
in place until concrete is sufficiently set to permit their withdrawal
without injury to the walks.
4.
A bituminous expansion joint shall be provided every fifty (50) feet
in the length of the walk and adjacent to curbs or buildings.
5.
The freshly finished walk shall be protected in a satisfactory manner
from injury by sun, wind, rain or freezing.
f.
Two-Course Concrete Walk. Concrete for base course of two-course
concrete walk shall be one (1) inch less in thickness than the sidewalk
and shall consist of one (1) part Portland cement, two (2) parts fine
aggregate and four (4) parts coarse aggregate. The mortar for the
top course, one (1) inch thick, shall consist of one (1) part Portland
cement and two (2) parts fine aggregate. Two-course walks shall be
laid and finished as above required for one-course work.
g.
Driveways. Where existing or proposed driveways cross the sidewalks,
the concrete shall there have a thickness of not less than seven (7)
inches. At driveways the top of the curb may be lowered to within
one (1) inch of the gutter grade. The gradual slope up of the driveway
from the curbline to the established sidewalk grade may extend back
from the curbline not more than one-third (1/3) of the entire width
of the sidewalk, but not more than four (4) feet, provided there be
no abrupt drop into the depressed portion of the driveway.
[1980 Code § 176-4]
All sidewalks adjacent to properties included in business or
industrial districts as such districts are designated on the Revised
Zoning Map of the Borough of Roselle Park[1] shall, if ordered by the Mayor and Council, be paved with
concrete as aforesaid from each side of the street to the nearest
curbline thereof, except such portions thereof as may be occupied
by telephone, telegraph or other like poles standing therein and such
portions thereof as may be occupied by trees and an additional space
of twenty-five (25) square feet in area around each tree.
[1]
Editor's Note: The Zoning Map is on file in the office of
the Borough Clerk.
[1980 Code § 176-5]
All sidewalks adjacent to properties included in residence districts
as designated on the Revised Zoning Map of the Borough of Roselle
Park[1] shall be paved for a width of at least four (4) feet with
concrete as herein provided.
[1]
Editor's Note: The Zoning Map is on file in the office of
the Borough Clerk.
[1980 Code § 176-6]
a.
Driving vehicles across concrete or flag sidewalks of the Borough,
except where provision is made for crossing, is hereby prohibited,
and any person violating this provision of this section may, upon
conviction thereof, be fined in any sum not exceeding ten ($10.00)
dollars, in the discretion of the Magistrate hearing such charge.
b.
Permission to remove any part of such sidewalk or to make other suitable
temporary provision for crossing the same may be granted by the Construction
Code Official on application by any person desiring to cross any sidewalk
with loaded vehicles, on giving satisfactory assurances that the sidewalk
will promptly be restored to as good condition as when application
was made.
[1980 Code § 176-7]
a.
In any case where any sidewalk is in need of repair to an extent
that it is dangerous to pedestrians traveling thereon, the Construction
Code Official may give written notice to the owner or occupant of
the lands fronting thereon to remedy such dangerous condition forthwith.
Such notice may be served personally upon such owner or occupant or
left at his or her usual place of business or residence with any person
above fourteen (14) years of age who is in his employ or who is a
member of his family, or if the owner of the abutting property does
not reside in the Borough of Roselle Park, such notice may be served
by mailing the same to his last known address, in a sealed envelope
with postage paid.
b.
Any owner who has been notified and fails to the remedy the dangerous
condition of the sidewalk within forty-eight (48) hours after notice
is so given shall be deemed guilty of violation of this section and
shall, upon conviction, be fined not more than five hundred ($500.00)
dollars or be imprisoned for not more than ninety (90) days, or both,
for each offense. Each twenty-four (24) hours or part thereof following
the expiration of forty-eight (48) hours specified in the notice,
during which such sidewalk remains in such dangerous condition, shall
constitute a separate offense for the purpose of this section.
[1980 Code § 176-8]
a.
If the owner of lands affected thereby shall neglect for thirty (30)
days to make the improvements to the sidewalk as directed and required,
the Council may cause such improvements to be made under the direction
and supervision of the Construction Code Official as authorized by
the statutes in such case made and provided. Before proceeding to
make any such improvements, the Council shall cause notice of such
contemplated improvements to be given to the owner of any land thereby
affected, which notice shall contain a description of the property
affected sufficiently definite in detail to identify the same, as
well as a description of required improvements and a notice that unless
the improvements shall be completed by such owner within thirty (30)
days after the service thereof, it is the intention of the Borough
of Roselle Park to make the improvements or cause the same to be made
pursuant to N.J.S.A. 40:65-1 et seq.
b.
If such improvements shall not be completed by such owner within
the time and in the manner directed in this notice, the Construction
Code Official shall thereupon forthwith cause such improvements to
be made by the Borough under his direction as authorized by this section
and N.J.S.A. 40:65-1 et seq.
[1980 Code § 176-9]
When a private driveway is constructed, the space between the
curb and the sidewalk shall be completely paved with concrete at least
six (6) inches in thickness or other permanent pavement material which
have been approved by the Mayor and Council. No private driveway shall
be constructed or curb cut provided for a private driveway until an
application in writing therefor shall be made to the Mayor and Council
by the owner of the land proposing to construct such driveway and
until a permit for its construction shall be issued.
[1980 Code § 176-10]
All private driveways shall, between the curb and the sidewalk, be built and maintained as provided for in § 23-2.
[1980 Code § 176-11]
Any person constructing a driveway or neglecting, refusing or
failing to maintain the same in violation of the provisions of this
section shall, upon conviction, pay a fine not exceeding five hundred
($500.00) dollars or be imprisoned in the County jail not exceeding
ninety (90) days, or both, in the discretion of the Judge of the Municipal
Court.
[1980 Code § 98-1; New]
No person shall cause or permit any accumulation of sand, gravel,
cinders, topsoil, mud, earth, dirt, filth, waste or rubbish or other
materials to be placed, deposited, tracked or flowed upon any street,
sidewalk or other public place unless a permit is obtained pursuant
to this section.
[1980 Code § 98-2]
b.
The placement of a trash bin, dumpster or storage bin upon a sidewalk,
street or any other public place within the Borough by any person
other than agents or employees of the Borough is hereby prohibited
unless:
1.
The trash bin, dumpster or storage bin is properly illuminated by
at least one (1) reflector on each side, such reflector to be at least
six (6) inches in diameter so that it is visible at night;
2.
There is no defect or faulty design in the trash bin, dumpster or
storage bin which would create a hazard to the general public;
3.
The placement of the trash bin, dumpster or storage bin which has
the specific approval of the Roselle Park Police Department Traffic
Bureau shall not block the flow of vehicular traffic or pedestrian
traffic;
4.
The use of the trash bin, dumpster or storage bin will not create
offensive odors or a health hazard;
5.
The trash bin, dumpster or storage bin is conspicuously marked with
the name and address of its owners; and
6.
A permit for the placement of the trash bin, dumpster or storage
bin is obtained from the Superintendent of Public Works pursuant to
this section, and evidence of such permit is displayed conspicuously
on the trash bin, dumpster or storage bin by means specified by the
Superintendent of Public Works.
c.
This section shall not be construed to prohibit the placement of
a trash bin, dumpster or storage bin on private property.
[1980 Code § 98-3]
An application for a permit pursuant to Subsection 23-4.2b shall be made on forms approved and made available by the Superintendent of Public Works. Such application shall include, but not be limited to, the following information:
a.
The name and address of the applicant and, if applicable, the name
and address of the lessor of the trash bin, dumpster or storage bin.
b.
A description or diagram of the location where he proposes to place
the trash bin, dumpster or storage bin.
c.
A description of the trash bin, dumpster or storage bin which the applicant proposes to place on the sidewalk, street or any other public place of the Borough, which includes the name of its manufacturer, its capacity and a description of the reflectors required by Subsection 23-4.2b.
d.
The circumstances necessitating the use of the trash bin, dumpster
or storage bin on a sidewalk, street or public place in the Borough.
e.
The length of time the applicant plans to place the trash bin, dumpster
or storage bin on the site, such time not exceeding thirty (30) days.
[1980 Code § 98-4; Ord. No. 2134]
A fee of twenty ($20.00) dollars is required before any permit
or renewed permit is issued pursuant to this section.
[1980 Code § 98-5]
Each application for a permit authorized under this section
shall be accompanied by a policy or certificate of insurance, including
the applicant and the Borough of Roselle Park as named insureds and
evidencing general liability coverage to protect the public from bodily
injury or property damage sustained as a result of the use of such
trash bin, dumpster or storage bin. Such policy or certificate shall
contain limits of at least $100,000.00/$300,000.00 for bodily injury
and $50,000.00 for property damage and shall provide at least thirty
(30) days' notice of cancellation to be afforded to the Superintendent
of Public Works.
[1980 Code § 98-6]
a.
No permit shall be granted by the Superintendent of Public Works
for a term longer than thirty (30) days, although, for good cause
shown, a permit previously issued may be renewed for an additional
thirty (30) day period.
b.
Upon the expiration of the permit, the permit holder shall remove
or cause to be removed the trash bin, dumpster or storage bin from
the sidewalk, street or public place.
[1980 Code § 98-7]
b.
A decision by the Superintendent of Public Works to revoke any permit pursuant to Subsection 23-4.2b shall be transmitted in writing to the permit holder by registered or certified mail. Such decision shall state clearly the grounds for the revocation.
c.
The permit holder may appeal the revocation to the Mayor and Council
of the Borough of Roselle Park. An appeal must be filed by the permit
holder with the Borough Clerk within seven (7) days after the notice
of revocation was mailed to him. Such appeal shall state in writing
the grounds for the appeal. The Mayor and Council shall then set a
time and place for the hearing and notify the permit holder in writing
at least five (5) days in advance of the hearing by mailing a notice
to his last known address. The decision and order of the Mayor and
Council shall be final and conclusive.
[1980 Code § 98-8]
No person shall cause or permit the placing of any materials,
structures, shrubs or fences, living or otherwise, within ten (10)
feet of a fire hydrant.
[1980 Code § 98-9]
[1980 Code § 185-1]
a.
The owner, occupant or tenant of premises abutting or bordering upon
any street in the Borough shall remove all snow and ice from sidewalks
abutting streets and from any fire hydrant located on the property,
or in the case of ice which may be so frozen as to make removal impracticable,
shall cause the same to be thoroughly covered with sand or ashes,
within twelve (12) hours of daylight after the snow shall fall or
ice has formed thereon.
b.
In case the building is occupied by more than one (1) family or business
unit, then the tenant or occupant of the first floor or story is hereby
required to remove all snow and ice from such portion of the sidewalks
and from any fire hydrant located on the property, or in the case
of ice which is impracticable to remove, cover the same with sand
or ashes, within twelve (12) hours of daylight after the ice has formed
or snow has fallen.
[1980 Code § 185-2]
No person, owner, tenant or occupant of any premises abutting
any street shall throw, place or deposit any snow or ice into or upon
any street in the Borough. It is the intent and purpose of this provision
to prohibit all persons from throwing, casting, placing or depositing
snow and ice which accumulated within the private property belonging
to this person, upon the sidewalks or streets of the Borough.
[1980 Code § 185-3; Ord. No. 2325 § 1]
In case snow or ice has not been removed from sidewalks or fire
hydrants or snow and ice was cast, deposited or placed upon sidewalks
or streets by the owner, tenant or occupant of any premises as provided
in Subsections 25-5.1 and 25-5.2, the same may be removed under the
direction of the Superintendent of the Department of Public Works
and the cost of removal, as nearly as can be ascertained, shall be
certified by the Superintendent of the Department of Public Works
to the Governing Body. The Governing Body shall examine such certification
and, if found to be correct, shall cause such cost to be charged against
such real estate abutting or bordering upon such sidewalks, and the
amount charged shall become a lien and a tax upon such real estate
or land and be added to, recorded and collected in the same way and
manner as the taxes next to be levied and assessed upon such premises
and shall bear interest and be enforced and collected by the same
officers and in the same manner as other taxes. The imposition and
collection of a fine imposed by the provisions of this section shall
not constitute any bar to the right of the Borough of Roselle Park
to collect the cost as certified for the removal of snow or ice in
the manner herein authorized. The fee schedule for snow removal of
residential properties is five ($5.00) dollars per linear foot. No
additional warning, either in writing or verbally, shall be given
for subsequent violations.
[1980 Code § 185-4]
Any person violating any of the provisions of this section shall,
upon conviction, be fined not exceeding five hundred ($500.00) dollars
or be imprisoned for a term not exceeding ninety (90) days, or both,
and each and every day in which the violation exists shall constitute
a separate violation.
[1980 Code § 185-5]
This section is adopted pursuant to the authority conferred
by New Jersey Revised Statutes 40:65-12.
[1980 Code § 191-1; Ord. No. 2341 § 1]
a.
Any eating and drinking establishment, except a tavern, as defined in the Land Use Chapter 40 of this Code, which is located in the Central and General Business District, as set forth in Chapter 40 of this Code, may, upon application for and issuance of a permit pursuant to this subsection, utilize part of the sidewalk in front of its place of business for a sidewalk cafe.
b.
Operation of any sidewalk cafe shall be in accordance with this subsection
and shall be subject to supervision and enforcement by the Borough
Health Officer and the Police Department.
c.
Application for such permit shall be made to and such permits shall
be granted by the Borough Clerk. The application shall be accompanied
by a schematic diagram showing the following:
1.
A description of the proposed design, seating capacity and location
of the sidewalk cafe, its dimensions and all temporary structures,
equipment and apparatus to be used in connection with its operation,
including tables, temporary fences and barriers, planters, serving
carts, chairs, awnings, umbrellas, lighting, electrical outlets, if
any, and fire hydrant connections.
2.
A diagram demonstrating that pedestrian traffic along the sidewalk
on which the sidewalk cafe is proposed to be located will in no way
be impeded. The diagram shall be referred to the Construction Official,
who shall thereupon recommend approval, disapproval or modification
of the diagram within ten (10) business days following the submission.
d.
A permit shall be granted only if the proposed sidewalk cafe conforms
with the following:
1.
The schematic diagram shall be approved by the appropriate Construction
Official.
2.
The cafe shall be confined to the area directly in front of the existing
eating and drinking establishment, unless written permission of any
adjacent property owner and ground floor occupant shall be submitted
and filed with the application.
3.
Any cafe shall not interfere with access to the building entrance
or exit, any basement entrance or any fire hydrant, bus stop, parking
meter or public alleyway.
4.
A minimum of six (6) concrete feet of pedestrian usable, unobstructed
sidewalk shall remain open to maintain pedestrian access.
5.
Applicants shall be required to submit proof of liability insurance
for the proposed sidewalk cafe, naming the Borough of Roselle Park
as an additional insured, with minimum limits of liability of not
less than one million ($1,000,000.00) dollars for all claims for bodily
injury or death of any person as a direct or indirect result of the
operation of the sidewalk cafe or for injury to any person occurring
on the premises occupied by such cafe, and further providing for the
payment of not less than twenty-five thousand ($25,000.00) dollars
to satisfy claims for property damage as a direct or indirect result
of the operation of such cafe.
6.
No permit shall be issued unless the licensee shall have first executed
and filed with the Borough Clerk an indemnification agreement, in
the form prepared or approved by the Borough Attorney, in which the
licensee shall agree, in further consideration of the issuance of
the license, to forever defend, protect, indemnify and save harmless
the Borough of Roselle Park, its officers, agents and employees from
and against any and all claims, causes of action, injuries, losses,
damages, expenses, attorneys' fees, fees and costs arising out of
or which may arise out of, or be alleged to arise out of, the licensee's
operation of the sidewalk cafe, including without limitation repair
or reimbursement of any and all cost and expense arising from damage
to the sidewalk caused by operation of the cafe.
e.
All dishes, utensils, containers, tablecloths, napkins, cutlery and
other items used in the operation or decoration of the sidewalk cafe
shall be made of nondisposable and reusable materials. The furniture
to be used in the operation of the sidewalk cafe shall be of durable
material, such as sturdy vinyl/plastic, wrought iron or wood. The
sidewalk area utilized by the cafe shall be kept clean and free of
litter. Sidewalks shall be washed daily. If required by the Health
Officer, trash receptacles shall be provided as specified by the Health
Officer.
f.
The sidewalk cafe may operate no later than 10:00 p.m. on any day
and only during operating hours of the eating and drinking establishment.
No furniture or other items of the sidewalk cafe shall remain outside
of the eating and drinking establishment for more than fifteen (15)
minutes after 10:00 p.m. or after the close of operating hours of
the eating and drinking establishment, whichever is earlier.
g.
Nothing contained in this section shall be construed to amend any provision of Chapter 6, Alcoholic Beverage Control, of this Code or to amend or change any provision of any Alcoholic Beverage Control License.
h.
The sidewalk cafe permit shall be an annual permit. The annual permit
fee shall be sixty ($60.00) dollars. Use of the premises for sidewalk
cafes shall be permitted during the months of May through September,
inclusive.
i.
The Borough Health Officer may establish rules and regulations pursuant
to this subsection, which rules and regulations shall be filed with
the Borough Clerk and shall be available for public inspection.
j.
Any sidewalk cafe permit may be suspended or revoked by the Health
Officer upon a violation of any provision of this subsection or a
determination by the Health Officer that continued operation of the
sidewalk cafe is inimical to the public health and welfare. Such suspension
or revocation shall be in writing and delivered personally or mailed
by certified mail to the permit holder at the address set forth in
the application. Any suspension or revocation issued by the Health
Officer may be appealed to the Mayor and Council within fifteen (15)
days of the mailing of such notice.
k.
The granting of a permit under this subsection shall not be construed
to permit any activity otherwise prohibited by this Code or by any
other law.
[1980 Code §§ 191-2; 191-3]
a.
The Mayor or Chief of Police is hereby authorized and empowered to
order any such encumbrance or obstruction, to be removed within two
(2) hours after notice to the owner thereof, or if the owner cannot
be readily found for the purpose of such notice, to cause the same
to be removed to a place by him to be designated, and the owner of
any article or thing so removed shall, in addition to the penalties
provided herein for the violation of this chapter, pay the cost of
such removal.
b.
Any article or thing so removed shall be advertised and sold under
the direction of the Chairman or the Superintendent of the Department
of Public Works in accordance with the provisions of N.J.S.A. 40A:14-157.
[1980 Code § 191-4]
Any person violating any of the provisions of this section shall,
upon conviction, pay a fine not exceeding five hundred ($500.00) dollars
or be imprisoned in the County jail for a term not exceeding ninety
(90) days, or both, in the discretion of the Judge of the Municipal
Court.
[1980 Code § 147-1]
Certain newspaper distributors have been placing vending machines
on public sidewalks or public ways or places within the Borough of
Roselle Park. The Mayor and Council are concerned with the potentially
dangerous conditions created by the placement of these newsracks on
public sidewalks, public ways or public places. The Mayor and Council
wish to regulate the placement of these newsracks on public sidewalks,
public ways or public places within the Borough of Roselle Park.
[1980 Code § 147-2]
As used in this section:
- DISTRIBUTOR
- Shall mean the person responsible for placing and maintaining a newsrack on a public sidewalk, roadway or street.
- NEWSPAPER
- Shall mean any newspaper of general circulation, as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law.
- NEWSRACK
- Shall mean any self-service or coin-operated box, container, storage unit or other dispenser which is installed, used or maintained for the display and sale of newspapers.
- ROADWAY
- Shall mean that portion of a street which is improved, designated or ordinarily used for vehicular travel.
- SIDEWALK
- Shall mean any surface provided for the exclusive use of pedestrians.
- STREET
- Shall mean all the area dedicated to public use for public street purposes and shall include but not be limited to roadways, parkways, alleys and sidewalks.
[1980 Code § 147-3]
It shall be unlawful for any person, firm or corporation to
erect, place, maintain or operate on any public roadway, street or
sidewalk or in any other public way or place in the Borough any newsrack
without first or within five (5) days of the placement thereof obtaining
a permit from the Borough Clerk specifying the exact location of such
newsrack. One (1) permit may be issued to include any number of newsracks
and shall be signed by the distributor.
[1980 Code § 147-4]
a.
Application for such permit shall be made, in writing, to the Borough
Clerk and approved by the Mayor and Council upon such form as shall
be provided and shall contain the name and address of the distributor,
the proposed specific location of the newsrack or newsracks, shall
be signed by the distributor and shall comply with the other provisions
of this section.
b.
An application may include a single or any number of proposed specific
locations of the newsrack or newsracks. The Borough Clerk shall, upon
receipt of the application, request an examination by a representative
of the Roselle Park Police Department to certify the proposed placement
locations of the newsrack or newsracks as specific in the application.
[1980 Code § 146-5]
A newsrack or newsracks may be installed without prior inspection of the location, but such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this section. In the event that a newsrack has been installed contrary to this section, the distributor shall take such actions as are required to conform within ten (10) days of notification or seek a hearing pursuant to Subsection 23-7.7 below. An annual permit fee of five ($5.00) dollars per newsrack shall be required to be paid to the Borough by the distributor.
[1980 Code 147-6]
Permits shall be valid for a period of one (1) year beginning February 1 and expiring on January 31 of the following year and shall be renewable pursuant to the procedure for original applications referred to in Subsection 23-7.4 and upon payment of the per-newsrack permit fee of five ($5.00) dollars.
[1980 Code § 147-7]
Within ten (10) days after an application has been filed, the
Borough Clerk shall certify to the Mayor and Council as to whether
the application is complete and ready for consideration by the Mayor
and Council for the issuance of a permit. In the event that a permit
is not issued by the Mayor and Council for any location for which
a permit is sought, the Clerk shall notify the distributor who may
appeal within ten (10) days from the date of receipt of notice of
the denial of the permit. At a hearing, the Mayor and Council shall
review the application and the proposed location in conjunction with
the standards contained in this section, and the distributor shall
have the opportunity to submit written evidence or testimony on its
behalf.
[1980 Code § 147-8]
a.
No permit shall be issued or continued in operation unless the distributor
and any other persons, organizations, firms or corporations on whose
behalf the application is made, by filing such application, do represent,
stipulate, contract and agree that they will, jointly and severally,
defend, indemnify and hold the Borough harmless against liability
for any and all claims for damage to property or injury to or death
of persons arising out of or resulting from the issuance of the permit
or the control, maintenance or ownership of the newsrack(s) permitted.
b.
The application shall include an indemnification agreement as follows:
The applicant, and any other persons, organizations, firms or corporations
on whose behalf the application is made, represents, stipulates, contracts
and agrees that he/she does jointly and severally agree to defend,
indemnify and hold harmless the Borough of Roselle Park against liability
for any and all claims for damage to property or injury to or death
of persons arising out of or resulting from the issuance of the permit
of the control, maintenance or ownership of the newsrack(s) permitted.
Such representation shall include the requirement that the applicant
and any other persons, organizations, firms or corporations shall
provide a legal defense or reimburse the Borough for all legal costs
incurred.
[1980 Code § 147-9]
Any newsrack which, in whole or in part, rests upon or over
any portion of any sidewalk, roadway or street shall comply with the
following standards:
a.
No newsrack shall exceed sixty (60) inches in height, twenty-four
(24) inches in width or twenty (20) inches in depth.
b.
No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale or purchase of the
newspapers sold therein.
c.
Each newsrack shall be equipped with a coin-return mechanism to permit
a person using the machine to secure an immediate refund in the event
that he is unable to receive the publication for which payment was
made. The coin-return mechanisms shall be maintained in good working
order at all times.
d.
Each newsrack shall have affixed to it, at a readily visible place
so as to be seen by anyone using the newsrack, a notice setting forth
the name and address of the distributor and the telephone number of
a working telephone service to call to report a malfunction or to
secure a refund in the event of a malfunction of the coin-return mechanism
or to give the notices provided for in this section.
e.
Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each newsrack shall be serviced and maintained
so that:
1.
It is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas thereof.
2.
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon.
3.
The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed are unbroken and reasonably free of
cracks, dents, blemishes and discolorations.
4.
The paper or cardboard parts or inserts thereof, if any, are reasonably
free of tears, peelings or fading.
5.
The structural parts thereof are not broken or unduly misshapen.
[1980 Code § 147-10]
Any newsrack which, in whole or in part, rests upon or over
any portion of any sidewalk, roadway or street or which projects onto,
into or over any part of any sidewalk, roadway or street shall be
located in accordance with the provisions of this section.
a.
No newsrack shall be used or maintained which projects onto, into
or over any part of any roadway or which rests, wholly or in part,
upon or over any portion of any roadway.
b.
No newsrack shall be permitted to rest upon, in or over any sidewalk
when it:
1.
Endangers the safety of any person or property;
2.
Unreasonably interferes with or impedes the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicle;
3.
Unreasonably interferes with the ingress to or egress from any residence
or place of business; or
4.
Unreasonably interferes with the use of traffic signs or signals,
hydrants or mailboxes permitted at or near the location.
c.
A newsrack shall be chained, bolted or otherwise secured so as to
prevent its being blown down or around.
d.
Newsracks may be placed next to each other, provided that no group
of newsracks shall extend for a distance of more than six (6) feet
along a curb.
e.
No newsrack shall be placed, installed, used or maintained:
1.
Within three (3) feet of any marked crosswalk.
2.
Within twelve (12) feet of a curb return of any unmarked crosswalk.
3.
Within ten (10) feet of any fire hydrant, fire call box, police call
box or other emergency facility.
4.
Within three (3) feet of any driveway.
5.
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than five (5) feet.
6.
Within three (3) feet of or on any public property improved with
lawn, flowers, shrubs, trees or other landscaping.
[1980 Code § 147-11]
Any person, firm, partnership, association, corporation or employee
thereof that shall violate any of the provisions of this section shall,
under conviction, be subject to a fine not exceeding one hundred ($100.00)
dollars for each offense. For purposes of this section, each newsrack
which is in violation shall constitute a separate offense.
