[Ord. No. 8 § 1]
It shall be the duty of the Borough Clerk to keep a record of
all public streets and roads in the Borough. The record shall state
whether each recorded street or road is maintained by the State, County
or Borough, and if it be a Borough street or road, the width and limits
thereof, and whether the grade of the same has been established by
ordinance of the Borough. All streets and roads hereafter laid out
or accepted by the Borough shall be duly recorded in the record of
public streets.
Any sidewalk hereafter constructed in any road or street in
the Borough shall be constructed, paved, and maintained and shall
substantially correspond to the plans and sections showing typical
conditions for streets, curbs, sidewalks, and drainage including catch
basins, headwalls, etc. all as shown on drawings herewith or to be
filed in the office of the Borough Engineer. Where these typical sections
cannot be used because of local conditions and difficulties, the Engineer
is authorized to make special drawings to meet the situation.
[Ord. No. 8 § 1]
No person shall dump or deposit or cause to be dumped or deposited
on any street or park in the Borough any ashes, rubbish, garbage or
offensive matter of any kind.
[Ord. No. 8 § 4]
No person, except an officer or an employee of the Borough acting
within the scope of his duty, shall remove or disturb any road material
on any street in the Borough belonging to the Borough, nor remove,
deface or injure any road machinery, street-signs, traffic posts,
lamp, or lamppost, belonging to the Borough.
[Ord. No. 8 § 5]
No person shall make a bonfire, or any fire, of leaves, paper,
brush, sticks or other inflammable matter on any bituminous bound
roadway, or in any paved gutter in any street in the Borough.
[Ord. No. 8 § 7;
Ord. #97-1093 § 1]
No person shall erect or maintain any awning or swinging sign projecting over any street or sidewalk in the Borough unless the lowest part of the same be at least seven feet above grade and unless it fully complies with the Borough sign ordinance and land use ordinances. Except as permitted in subsection 4-12.8 of this Code, no sign, banner or other obstruction shall be hung over or across any sidewalk or street.
[Ord. No. 8 § 8; Ord. No. 2001-1250]
The owner of any property containing a fence, hedge, wall, gate, landscaping, boulders or other obstructions which encroach upon any sidewalk, street or right-of-way and which constitute a safety hazard in the opinion of the Chief of Police or his designee shall remove the same within 30 days after written notice signed by the Chief of Police or his designee. If any owner shall fail to remove such obstruction within the time required, he shall be liable to penalties set forth in Chapter 1, Section 1-5 of this Code. In addition, such obstruction may be removed by or under the direction of the Borough Department of Public Works at the expense of the owner. The cost of such work shall be a lien upon the whole lot or premises on or in front of which such obstruction existed, and shall be certified to the Borough Tax Collector, and collected in the same manner as the taxes next to be levied thereon.
[Ord. No. 8 § 9]
No person shall coast with a sled or cart down or along the
sidewalk of any street within the Borough.
[Ord. No. 8 § 10; Ord. No. 2003-1335 § 1; Ord. No. 2004-1340 § 1]
a.
Removal Required. The owner, occupant or tenant of premises abutting or bordering on any street in the Borough shall remove all snow and ice from the abutting sidewalks of such streets, or in the event of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand, ashes, salt, sawdust or some other nonslippery or adhesive substance so as to make the same safely passable, within eight hours of daylight after the same shall fall or be formed thereon and shall continue to maintain said sidewalk in a safe and passable condition and shall continue to keep said sidewalk free of snow and ice. In addition to any other remedy provided by this section, any person who violates this section shall be subject to the penalty provided in Chapter 1, Section 1-5.
b.
Removal by Borough. In the event snow or ice shall not be removed
from sidewalks as provided in this section, the same may be removed
under the direction of the Public Works Manager or the Borough Administrator.
The cost of removal of any snow or ice by the Borough shall be certified
to the governing body. The governing body shall examine the certificate,
and if found to be correct, shall cause the cost to be charged against
the real estate abutting upon the sidewalk, and the amount charged
shall become a lien and a tax on the real estate and shall be added
to and be part of the taxes next to be levied and assessed thereon,
and enforced and collected with interest in the same manner as other
taxes.
c.
Placing of Snow or Ice on Public Rights-of-Way Prohibited. No person
shall throw, place or deposit any snow or ice which has accumulated
upon private property into or upon any public sidewalk, handicapped
parking space, bicycle route or the paved portion of any public street
in the Borough or into or upon any area within the right-of-way lines
of any street.
[Ord. #8 § 11]
The owner or occupant of premises abutting upon any street in
the Borough shall at all times keep the sidewalks and gutters in front
of his premises open and free from all weeds, mud, dirt, gravel, sticks,
loose stones, leaves, rubbish and other obstructions; shall provide
open gutters across or adequate drains under his entrance walks or
drives which shall at all times be kept open, clean and free from
obstructions of all sorts.
[Ord. No. 343 § 1]
Any sidewalk, driveway apron or curb on any public street which
is out of line or grade, damaged, deteriorated or in a state of disrepair,
or otherwise in need of reconstruction or repair, shall be repaired
or relaid to line or grade, or any deteriorated or damaged portion
thereof shall be repaired or reconstructed by the owner or owners
of the land in front of which any such improvement, reconstruction
or repair is to be made.
[Ord. No. 343 § 2]
Whenever the Mayor and Council determines that a sidewalk, driveway
apron or curb needs reconstruction or repair, it shall cause notice,
signed by the Municipal Engineer, to be served upon the owner of land
abutting the sidewalk or curb, directing him to complete the work
required to be done within the period of 30 days after service of
said notice. The notice as provided herein shall include the following:
a.
Specify in sufficient detail the character of the improvement, reconstruction
or repair to be made;
b.
Set forth a description of the property affected sufficiently definite
to identify same;
c.
A statement indicating to the owner that he has an opportunity to
be heard before the Mayor and Council upon written application and
within a period of 30 days from the service of the notice as to why
the work indicated should not be completed.
The notice, service and proof of service shall be made in accordance
with the requirements of N.J.S.A. 40:65-1, et seq., as amended.
[Ord. No. 343 § 3]
In the event any owner of land has failed to make any such improvement,
reconstruction or repair within the period of 30 days after service
of the notice, and has failed to show good and sufficient reasons
why such work should not be completed, the Mayor and Council may elect
to have the work done at the cost and expense of the property owner.
The Municipal Engineer shall keep an accurate account of the cost
and, in the event all of the cost or any part thereof is to be assessed
upon the several properties fronting on the improvement, he shall
assess such costs on them in proportion to the respective frontages
thereon and shall file a report, under oath, with the Borough Clerk.
The Mayor and Council after notice to the owner or owners of the time
and place for examination of the report, shall examine the report,
and if properly made, shall confirm and file it with the Tax Collector.
Such assessments shall bear interest from the date set at the time
of confirmation at the rate specified for delinquent real estate taxes
and shall be a lien on the real estate assessed.
[Ord. No. 343 § 4]
Any assessment made as provided above may, in the discretion
of the Mayor and Council, be paid in equal yearly installments, not
to exceed five with legal interest thereon, reserving to the owner
the right to prepay any balance with accrued interest thereon at any
one time.
[Ord. No. 343 § 5]
Any and all improvements, reconstruction or repair work done
pursuant to the provisions of this chapter shall be in accordance
with municipal specifications and plans approved by the Municipal
Engineer. All work and materials shall be subject to the inspection,
supervision and approval by the Municipal Engineer and, upon completion
of any such work, the Municipal Engineer shall certify to the Mayor
and Council that the work has been done in accordance with the provisions
of this chapter and has been satisfactorily completed.
[Ord. No. 99-1179 § 1]
When budgetary considerations permit, the Borough Council, in its sole discretion, may undertake the construction and reconstruction of those downtown sidewalks described in subsection 14-3.2 below at the cost of both the Borough and the abutting property owners pursuant to N.J.S.A. 40:65-1, et seq.
[Ord. No. 99-1179 § 1]
For purposes of this section "downtown sidewalks" shall include
sidewalks in the downtown business district.
[Ord. No. 99-1179 § 1]
Nothing in this section shall require the Council to contribute to the cost of constructing or reconstructing the downtown sidewalks. The Council may require the downtown sidewalks to be constructed or reconstructed solely at the cost of the abutting property owners in accordance with Section 14-2. In exercising its discretion, the Council may take into account the municipal budget, the availability of Federal and State grants and other relevant factors.
[Ord. No. 99-1179 § 1]
The abutting property owners shall remain solely liable, at
their sole cost and expense, for the repair and maintenance of the
sidewalks.
[Added 5-26-2020 by Ord. No. 2020-1841]
It shall be unlawful for any person to tunnel under or to make any opening or excavation in any street or other public place in the Borough, other than a county road over which the County of Somerset has exclusive jurisdiction, or State Highway 202, over which the State of New Jersey has exclusive jurisdiction, without having obtained a permit as is herein required or without complying with the provisions of this section or in violation of or variance from the terms of any such permit. No permit shall be issued to open any Borough road for five years after the road was paved, except pursuant to Subsection 14-4.6 hereinbelow.
a.
Applications for such permits shall be made to the Borough Clerk
and shall describe the location of the intended opening, excavation
or tunnel, the size thereof, the purpose therefor and the person doing
the actual excavation work and the name of the person for whom or
which the work is being done and shall contain an agreement that the
applicant will comply with all ordinances and laws relating to the
work to be done.
b.
Any person desiring a permit for the opening of a street or tunneling
therein shall make application to the Borough Clerk setting forth
the following information:
1.
Name and address of applicant.
2.
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
3.
Nature of the surface in which the opening is to be made.
4.
Character and purpose of the work proposed.
5.
Plan showing the exact location and dimension of all openings.
6.
The name and address of the workmen or contractor who is to perform
the work, if different from the applicant.
7.
A statement that the applicant agrees to replace, at his own cost
and expense, in accordance with Borough specifications and details,
the opening to the same state and condition as it was at the time
of the commencement of the work and further agrees to comply with
all other regulations and laws relative to the work.
8.
Such other information as the Borough Clerk may consider pertinent.
The fee for a road opening permit shall be set by the Borough
Council by resolution.
a.
Before issuance of any such permit, the applicant or contractor proposing
to do the actual excavating work shall file with the Borough Clerk
a cash bond in the amount of $1,500. This cash bond shall serve as
both a performance bond to guarantee completion of the work and also
as a maintenance bond for a period of 12 months to guarantee that
the excavated area does not settle or otherwise deteriorate. If the
responsible person does not complete the excavation and restore the
surface in accordance with requirements of this section or if the
responsible person does not restore the surface and make any necessary
repairs resulting from the settling or any other deterioration within
a reasonable time after receipt of notice of settling from the Borough,
then the Borough may perform the necessary work itself and deduct
the cost of such work from the posted bond. At the end of 12 months
the Director of Public Works shall inspect the area of the excavation
to determine whether it has been restored in compliance with the requirements
of this section. The Public Works Manager shall then submit a written
report to the Borough Council recommending that the bond be returned
in whole or part or in the alternative that the Borough should perform
additional repairs and charge the cost of those repairs against the
bond. The Borough Council shall then act upon recommendation of the
Public Works Manager and return any unused portion of the bond to
the responsible person.
b.
In addition, the applicant or the contractor proposing to do the
actual excavating work shall file with the Borough Clerk a certificate
of insurance showing that the applicant or the contractor proposing
to do the actual excavating work has general liability insurance with
combined policy limits of $1,000,000.
c.
The provisions of Subsection A of this subsection shall not apply
to public utilities.
a.
It shall be unlawful to make any such excavation, opening or tunnel
in any way contrary to or at variance with the terms of the permit
therefor. Proper bracing shall be maintained to prevent the collapse
of adjoining ground, and, in excavations, the excavation shall not
have anywhere below the surface any portion which extends beyond the
opening at the surface.
b.
No injury shall be done to any pipes, cables or conduits in the making
of such openings, excavations or tunnels, and notice shall be given
to the persons maintaining any such pipes, cables or conduits (or
to the Borough Road Department or officer charged with the care thereof)
which are or may be endangered or affected by the making of any such
opening, excavation or tunnel before such pipes, cables or conduits
shall be disturbed.
c.
No unnecessary damage or injury shall be done to any tree or shrub
or the roots thereof.
d.
All openings, excavations or tunnels shall be guarded with adequate
safety measures as may be necessary and with adequate warning devices.
The safety measures and warning devices shall be placed in such a
manner as to not unduly restrict traffic. Where the Police Department
determines that such safety measures and warning devices are not adequate
for the free movement of traffic during road construction and/or excavation,
a Police Officer may be assigned to direct traffic in the area involved
during working hours, and the cost thereof shall be charged by the
Borough to the contractor or other person obtaining the permit. The
provisions of this subsection shall not affect or relieve the contractor
or any other person from any other obligations imposed by the contract
or by operation of law.
e.
All refuse and material shall be removed within 48 hours.
f.
All excavation shall be completely backfilled and compacted using
bank run gravel, crushed stone or other approved material.
g.
If tunneling operations are required, the tunnel shall be backfilled
with rammed sand or sand and concrete mixed 10 to one (10:1), respectively.
h.
It blasting is required in the course of any excavation, it shall
be done in strict compliance with all applicable state laws and regulations
and municipal ordinances.
i.
Under normal, nonemergency situations, street paving, whether new
or improved, will carry a minimum no-cut period of five years.
[Amended 10-11-2022 by Ord. No. 2022-1935]
There shall be a five-year moratorium on the issuance of road
opening permits for newly paved streets. Exceptions shall be granted
for utility emergencies or road openings that impact the safety and
welfare of property owners (e.g., electric service to new home). Any
emergency work or undue hardship shall be approved by the Borough
Public Works Committee.
a.
In the event that exception is granted during the moratorium period,
the applicant shall be responsible for limiting the area of disturbance,
saw cut all excavations and restore the trench to its original condition,
including but not limited to the pavement, surface treatments and
striping. Restoration of the top course of asphalt shall be done utilizing
the infrared pavement method.
b.
The Borough Public Works Manager or his/her designee may require
a larger area of the roadway to be restored to avoid trench marks
across the roadway. This will be done in a manner that creates a rectangular
patch across the entire width of the roadway.
c.
A nonrefundable exemption fee to be deposited in a dedicated account
for road repairs shall be paid in accordance with the following schedule:
|
Opening 0-1 year before expiration of moratorium
|
$500
|
|
Opening 1-2 years before expiration of moratorium
|
$1,000
|
|
Opening 2-3 years before expiration of moratorium
|
$1,500
|
|
Opening 3-4 years before expiration of moratorium
|
$2,000
|
|
Opening 4-5 years before expiration of moratorium
|
$2,500
|
