[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; 4-6-2023 by Ord. No. 2716]
[Amended 4-6-2023 by Ord. No. 2716]
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 Clerk, and then 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.
[Amended 4-6-2023 by Ord. No. 2716]
Any person or entity desiring a permit for the opening of a
street or tunneling therein shall make application to 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 crew or construction contractor who is to perform work associated
with roadway opening.
c.
A brief description of the character and purpose of the work to be
conducted.
d.
The plan showing the exact location and dimension of all openings.
e.
The name of the street where the opening is to be made and the street
number, if any, of the nearest adjacent property.
f.
The total area planned for excavation calculated in square feet where
roadway surface is subject to excavation work. Such calculation shall
match opening dimensions depicted on the plan provided pursuant to
paragraph d of this subsection.
g.
The date when work is to be commenced and completed.
h.
A statement that the applicant agrees to replace, at its own cost and expense, in accordance with Borough specifications and details, the openings to, the state and condition described in subsection 23-1.4 and further agrees to comply with all other applicable Ordinances, regulations and laws relative to the work.
i.
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.
j.
The registration number from the underground utility location service
"New Jersey One Call" indicating that they have been properly notified
and will locate underground facilities in the area of the proposed
opening or tunneling operation.
k.
Such other information as the Borough Clerk in consultation with
the Borough Engineer may consider pertinent.
[Amended 4-6-2023 by Ord. No. 2716]
The Borough Clerk 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 Clerk, an appeal may be taken to the governing body of the
Borough. The governing body, after hearing the applicant and the Borough
Clerk and such evidence as may be produced, may either direct the
issuance of such permit or sustain the refusal of the Borough Clerk.
[Amended 4-6-2023 by Ord. No. 2716]
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 applicable federal and state laws at its own cost and expense.
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 Police Department shall be notified of all
street closings at least forty-eight (48) hours in advance, except
where the work is of an emergent nature, when notice shall be given
to the Police Departments at the time work commences.
d.
All refuse and material shall be removed within twenty-four (24)
hours and in accordance with applicable laws and regulations for disposal.
e.
All excavations shall be completely backfilled with a controlled
low-strength material (CLSM), more commonly referred to as "soil cement,"
to a level six (6) inches below the adjacent roadway surface. A temporary
patch must immediately be installed until such time as the final topcoat
can be applied. After installation of soil cement, the applicant shall
create a final topcoat consisting of a four (4) inch compacted thickness
of bituminous stabilized base course, and a two-inch compacted thickness
of bituminous surface course, that, when filled, shall result in an
opening that is flush with the existing contour of the road. If conditions
exist that do not allow for the installation of bituminous material
as required, a temporary patch must immediately be installed until
such time as the final topcoat can be applied. Permanent patches must
have all edges sealed. CLSM shall have a twenty-eight-day minimum
compressive strength of 1,200 psi.
f.
The street surface shall be restored to the satisfaction of the Borough
Engineer. All street patch repairs and/or trench restoration must
use the infrared paving method pursuant to the most recent standards
promulgated by the Borough Engineer so as to blend uniformly with
the adjacent existing roadway.
g.
If blasting is required in the course of any excavation, it shall
be done in strict compliance with all applicable federal and State
laws and regulations.
h.
Final restoration of any street foundation or surface shall not commence
until the Borough Engineer or their designated representative has
determined that settlement of the subsurface is complete and the area
properly prepared for restoration.
i.
All materials, equipment, and work shall be in accordance with Borough
regulations, specifications, and details as may be required and directed
by the Borough Engineer. Such materials, equipment and work shall
likewise confirm with the latest specifications promulgated by the
New Jersey Department of Transportation for bridge and roadway construction.
j.
Requirements for "moratorium" roads:
1.
After the Borough has paved or repaved any street, no permit pursuant
to this Section shall be issued for openings, cuts, or excavations
in said street for a period of ten (10) years from the date of such
paving, subject to the exceptions described herein.
2.
The Borough Clerk shall keep a list of all such streets subject to
this ten-year moratorium, which may be inspected in the Office of
the Borough Clerk.
3.
Prior to the start of any such paving or repaving work, the Borough
shall host a Pre-Construction Meeting where utility companies shall
be invited to attend and be advised of said work so any in-progress
or contemplated excavations may be completed before paving is started.
4.
During such ten (10) year period, an applicant must restore the street
opening so as to include pavement restoration (milling and repaving)
for the full width (curb-to-curb) of the roadway to a distance equal
to the full length of the excavation to the nearest intersection.
Notwithstanding these requirements, the Borough Engineer may, in his/her
sole discretion, waive the requirements of this paragraph under the
following circumstances:
(a)
Where necessary or practical, as determined by the Borough Engineer.
For example, if there is an excavation on a small dead-end street
within the Borough the Town Engineer may use his/her discretion in
determining the overall distance of the restoration.
(b)
If, in the judgment of the Borough Engineer, an emergency exists
that makes it absolutely essential that the road be opened for purposes
of a utility repair or replacement. This shall include emergency repairs
residential lateral lines.
(c)
When the owner(s) of an owner-occupied single-family residential
property who actually resides in that property applies for a construction
permit to convert from oil heat to gas heat.
5.
In any circumstance in which the Borough Engineer waives the curb-to-curb
requirements of this paragraph, the Borough Engineer shall require
that the street opening be patched and restored via infrared pavement
repair technology so as to blend uniformly with the adjacent existing
roadway.
k.
Requirements for "non-moratorium" roads:
1.
For all streets that have not been paved within the last ten (10)
years, the applicant must patch and restore the street opening via
infrared pavement repair technology so as to blend uniformly with
the adjacent existing roadway. If the street opening to be trenched
is greater than or equal to a length of fifty (50) linear feet, upon
completion of same, the applicant shall restore (milling and repaving)
the entire street surface from edge to edge (curb-to-curb), for the
full length of the excavation to the nearest intersection or as directed
by the Borough Engineer.
l.
All sidewalks, when being restored or replaced as part of the operations
hereunder, must also be restored pursuant to the standards of this
Chapter and as otherwise directed the Borough Engineer.
[Amended 4-6-2023 by Ord. No. 2716]
a.
A permit shall apply only to the person or entity 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. Each street
within a project area shall require a separate permit.
c.
Work under a permit shall commence and conclude within ninety (90)
days from the date of issuance of the permit. If work is not commenced
within that time, the permit shall automatically terminate, unless
extended in writing by the Borough Engineer.
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 Engineer or Borough Clerk 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 Clerk and Borough Engineer may make any rules and regulations
which they consider 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 to each permittee at the time of the issuance of the permit.
[Amended 2-18-2021 by Ord. No. 2644; 4-6-2023 by Ord. No. 2716]
a.
Prior to issuance of any permit pursuant to this Section, the applicant
shall file an application for said permit at least forty-eight (48)
hours prior to the requested times of issuance and shall pay for said
permit in accordance with the following schedule:
|
Normal
|
$50
| |
|---|---|---|
|
Application Fee(s)
|
Normal
|
$50
|
|
Unreported
|
$250
| |
|
Emergency
|
$0
| |
|
Permit Fee(s)
|
Less than or equal to 25 square feet
|
$175
|
|
Greater than 25 and less than or equal to 50 square feet
|
$350
| |
|
Over 50 square feet
|
$7 per square foot
| |
|
Non-Utility Escrow
|
Opening less than or equal to 50 square feet
|
$1,000
|
|
Opening greater than 50 square feet
|
$2,500
| |
|
Public Utility Escrow
|
Public utilities shall establish and indefinitely maintain an
escrow account with the Borough of Roselle Park in an amount not to
exceed $25,000 unless a single project requires the posting of a larger
amount as determined by the Borough Engineer.
| |
b.
All application and permit fees are nonrefundable, and said application
and permit, once issued, are valid for a period of ninety (90) days,
assuming compliance with the provisions of this section.
c.
All fees and escrow shall be waived for work done by the Roselle
Park School District, County of Union and State of New Jersey. These
entities shall be required to file an application and receive a permit
prior to any work being done. Nothing in this Section shall be construed
as requiring the issuance of a permit for the performance of any work
done by the Borough or under a contract with the Borough.
d.
Escrow shall be used to support costs associated with spot inspections
by the Borough Engineer of permitted street openings and excavations.
These inspections shall be made by the Borough Engineer to verify
site safety, work progress, and overall compliance with the provisions
of this Section. In the event a permittee fails to restore or maintain
work covered by a permit within twenty-four (24) hours of notification
by the Borough Engineer, escrow shall likewise be utilized by the
Borough to restore and maintain the area compromised by street opening
and excavation work.
Escrows shall be monitored and maintained to ensure a reasonable
balance remains available to support inspections by the Borough Engineer.
Escrows shall be replenished by permittees as may be determined from
time to time as may be necessary.
e.
One year after permanent restoration is completed, the Borough Engineer
shall reinspect the area. If the restoration is satisfactory, the
escrow balance shall be refunded. However, if additional restoration
is required, the Borough Engineer shall notify the applicant of the
additional work to be performed and will re-inspect the restoration
area again one (1) month after the corrective action. A refund shall
then be made if restoration is satisfactory.
[Amended 4-6-2023 by Ord. No. 2716]
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, becomes blocked, 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 a 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.
[Added 4-6-2023 by Ord. No. 2716]
It shall be the duty of a permittee under this Section to give
notice of the proposed street opening to any companies or organizations
whose pipes, conduits, wires, or other structures are laid in the
portion of the street to be opened not less than twenty-four (24)
hours before commencing such opening. The permittee shall, at his
own expense, carefully support, maintain in operation and protect
from injury such pipes, conduits, wires, or other structures. If any
damage is caused to such structures the permittee shall restore same,
at his own expense, to as good a condition as they were before the
beginning of the work.
[Amended 4-6-2023 by Ord. No. 2716]
Any person or entity 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.
[Amended 4-6-2023 by Ord. No. 2716]
Those empowered to enforce the provisions of this Section shall
be any officer of the Roselle Park Police Department or any officer
of the Roselle Park Department of Code Enforcement, the Borough Clerk,
or the Borough Engineer.
[1980 Code § 176-1; amended 5-5-2022 by Ord. No. 2681]
a.
All sidewalks in the Borough shall be treated 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 any 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.
The Borough reserves the right to perform repairs with in-house staff
and/or via a subcontractor as deemed necessary and invoice property
owner(s) for said costs. If the Borough is not reimbursed for said
costs within 60 calendar days, the cost shall become a lien upon the
lands and shall be added to and become part of taxes next to be assessed
and levied upon such lands.
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 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 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 Subsection 23-2.1 and the cost of the work of relaying or repairing such flagstone shall be certified and collected as in other cases mentioned in Subsection 23-2.1.
[Amended 5-5-2022 by Ord.
No. 2681]
[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 feet wide and
four 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 36 square feet and shall have no dimension greater
than six feet.
b.
Thickness. Sidewalks in residence districts shall be four inches
thick; in business and industrial districts, four inches thick; where
driveways cross sidewalks, six inches thick with welded wire mesh
(WWM).
[Amended 5-5-2022 by Ord.
No. 2681]
c.
Subgrade and Foundation. Excavation shall be to a depth two 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 dense graded aggregate (DGA) 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.
[Amended 5-5-2022 by Ord.
No. 2681]
d.
Concrete Materials.
1.
Cement shall be first quality, meeting ASTM 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 inch down.
e.
One-Course Concrete Walk.
1.
Concrete for one-course walk shall consist of one part Portland cement,
two parts fine aggregate and not more than three 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 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 inch less in thickness than the sidewalk
and shall consist of one part Portland cement, two parts fine aggregate
and four parts coarse aggregate. The mortar for the top course, one
inch thick, shall consist of one part Portland cement and two 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 six inches
thick with welded wire mesh (WWM). At driveways the top of the curb
may be lowered to within one 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 1/3 of the entire
width of the sidewalk, but not more than four feet, provided there
be no abrupt drop into the depressed portion of the driveway.
[Amended 5-5-2022 by Ord.
No. 2681]
[1980 Code § 176-4; amended 5-5-2022 by Ord. No. 2681]
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 utility or other like poles standing therein and such portions
thereof as may be occupied by trees and an additional space of 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; amended 5-5-2022 by Ord. No. 2681]
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 surfaced for a width of at least four 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 $250, in the
discretion of the Magistrate hearing such charge. Repeat offenders
may be fined in any sum not exceeding $500.
[Amended 5-5-2022 by Ord.
No. 2681]
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 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 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 $500 dollars or be imprisoned for
not more than 90 calendar days, or both, for each offense. Each 24
hours or part thereof following the expiration of 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.
[Amended 5-5-2022 by Ord.
No. 2681]
[1980 Code § 176-8]
a.
If the owner of lands affected thereby shall neglect for 30 calendar
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 30 calendar
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.
[Amended 5-5-2022 by Ord.
No. 2681]
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; amended 5-5-2022 by Ord. No. 2682]
When a private driveway is constructed, the space between the
curb and the sidewalk shall be completely surfaced with concrete at
least six inches in thickness with welded wire mesh (WWM) or other
permanent pavement material which has been approved by the Department
of Code Enforcement. No private driveway shall be constructed or curb
cut provided for a private driveway until an application in writing
is submitted, reviewed and approved by the Department of Code Enforcement.
[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 business establishment, except a tavern, as defined in the Land Use Chapter 40 of this Code, which is located in the Borough of Roselle Park, 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.
[Amended 6-17-2021 by Ord. No. 2658]
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 will not be unsafely impeded.
The diagram shall be referred to the Police Chief, or the Chief’s
designee, by the Borough Clerk, who shall thereupon recommend approval,
disapproval or modification of the diagram within two business days
following the submission.
[Amended 6-17-2021 by Ord. No. 2658]
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 Police Chief.
[Amended 6-17-2021 by Ord. No. 2658]
2.
The cafe shall be confined to the area directly in front of or adjacent
to the side 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.
[Amended 6-17-2021 by Ord. No. 2658]
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 50% of total pedestrian usable sidewalk space shall
remain unobstructed between the sidewalk café and street to
maintain safe pedestrian access.
[Amended 6-17-2021 by Ord. No. 2658]
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 or recommended by the Borough insurance
carrier, 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.
[Amended 6-17-2021 by Ord. No. 2658]
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 café may operate no later than 10:00 p.m. on
any day and only during operating hours of the business establishment.
No furniture or other items of the sidewalk café shall remain
outside of the business establishment for more than 30 minutes after
10:00 p.m. or after the close of operating hours of the business establishment,
whichever is earlier. If it is not readily feasible for a business
establishment to remove and store furniture during nonoperating hours,
such establishment shall be permitted to store furniture in the designated
sidewalk café area with the conditions that furniture be consolidated
to the greatest extent possible and secured with a locking mechanism.
For example, chairs must be stacked and/or locked in place to tables.
[Amended 6-17-2021 by Ord. No. 2658]
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 $60. Use of the premises for sidewalk cafes shall be
permitted during the months of May through October, inclusive.
[Amended 6-17-2021 by Ord. No. 2658]
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 or Police Chief upon a violation of any provision of this
subsection or a determination by the Health Officer or Police Chief
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 15 days of the mailing of such notice.
[Amended 6-17-2021 by Ord. No. 2658]
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. This specifically includes provisions of the Uniform Construction
Code and local zoning regulations.
[Amended 6-17-2021 by Ord. No. 2658]
[1980 Code §§ 191-2; 191-3; 6-17-2021 by Ord. No. 2658]
The Chief of Police, or the Chief’s designee, is hereby
authorized and empowered to order obstructions to the public right-of-way
which jeopardize public health, safety, or welfare, to be removed
within two 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 designed by the Chief. The owner of
any article or thing so removed shall, in addition to the penalties
provided herein for the violation of this subsection, pay the cost
of such removal.
[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:
Shall mean the person responsible for placing and maintaining
a newsrack on a public sidewalk, roadway or street.
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.
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.
Shall mean that portion of a street which is improved, designated
or ordinarily used for vehicular travel.
Shall mean any surface provided for the exclusive use of
pedestrians.
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.
