The power to regulate excavation and construction in the
public streets is contained in N.J.S.A. 40:67-1. The incidental power
to perform work where a landowner has refused to do so and to recover
the cost thereof is contained in N.J.S.A. 40:67-9. The power to regulate
soil removal is included within the general police power granted by
N.J.S.A. 72-3 and N.J.S.A. 40:48-2.
[1966 Code § 14-1.1; Ord. No. 1991-1 § 16]
No person shall cut, dig, drill, make any hole, trench or other
excavation on any road, street, avenue, alley, highway, sidewalk or
any other public way within the Borough of Belmar for the purpose
of laying any pipes or mains of any description, or for the purpose
of repairing or connecting any pipe or conduit pipe with any water,
gas or sewer main, or connecting with any telephone or telegraph wires
under the surface of any street, or for any other purpose, without
first having obtained a permit.
[1966 Code § 14-1.2; Ord. No. 1991-1 § 16; Ord. No. 2017-02]
Written application shall be made to the Borough Clerk and shall
contain the following information:
a.
The name of the street where the opening is to be made.
b.
The house number and the Borough tax map lot and section number of
the property.
c.
The purpose for which the opening is to be used.
d.
The nature of the surface of the street in which the opening is to
be made.
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The Borough Clerk may issue a permit if he or she finds the
same to be in order. The fee for every application shall be set by
resolution of the Mayor and Council.
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[1966 Code § 14-1.3; Ord. No. 1991-1 § 16]
No excavation shall remain open for more than 24 hours; not
more than 50 feet shall be opened at one time; and any such openings
shall be properly guarded at all times and marked with red lanterns
at night. All permitted excavations shall be refilled, leveled, graded
and restored to original condition.
[Ord. No. 1997-10 § 1;
amended 7-20-2021 by Ord. No. 2021-22; 6-25-2024 by Ord. No. 2024-12]
a.
No permit shall be issued for any excavation in a street or sidewalk
which has been newly paved or resurfaced by or on behalf of the Borough
for a period of three years from the date of the acceptance by the
Borough of the paving or resurfacing work, except under the following
conditions:
b.
A permit may be issued for a utility tap opening of no more than nine square feet in area in a street or sidewalk which was newly paved or resurfaced during this three-year period, pursuant to subsection 27-1.2, subject to the following conditions:
1.
The purpose of the excavation is for a tap to provide original utility
service to a home or other structure being newly constructed or repairs
to an existing utility service.
2.
The issuance of the permit shall be conditioned upon the posting
by the applicant of a cash deposit to guarantee restoration in the
amount of 120% of the estimated cost of improvements with a minimum
deposit of $1,000.
3.
The area of a street excavated shall be restored with stabilized
base course level and shall be made flush with the existing pavement.
4.
After the passage of 60 days and prior to the expiration of 90 days
from the date of the completion of the work, the patched area of the
street shall be heated with an infrared heater to an area two feet
outside of the edge of the original cut, and bituminous concrete surface
course shall be installed over the extended area.
5.
When an excavation is made to a sidewalk, the area must be restored
to its original condition with pavers where applicable, or in the
alternative, cement.
6.
The Borough Engineer or Department of Public Works shall inspect
the restoration work. If the restoration work is properly and timely
completed, the Borough Clerk shall return the restoration deposit
to the applicant. Should the Borough Engineer or Department of Public
Works determine that the restoration work has not been properly completed,
or if the restoration work is not completed within 90 days, the restoration
deposit shall be forfeited to the Borough.
7.
The applicant shall also deposit with the Borough a maintenance guarantee
in the amount of 15% of the estimated performance guarantee with a
minimum deposit of $500, which may be posted in the form of cash or
bond. The maintenance guarantee shall be held by the Borough for a
period of five years and shall be utilized if necessary for the repair,
resurfacing, restoration or paving of the area excavated, pursuant
to the permit. Should such work not be necessary during the five-year
period, the maintenance guarantee shall be returned to the applicant.
[1966 Code § 14-2.1]
There shall be sidewalks, curbs and gutters in front of all
lands on all streets and avenues in the Borough which shall be laid,
relaid, repaired and kept in repair at the cost or expense of the
owner of the lands in which the same shall be so constructed, laid,
relaid or repaired.
[1966 Code § 14-2.2; Ord. No. 1991-1 § 16]
All sidewalks and curbs in the Borough shall be laid in conformity
to the grade and line of the streets and avenues established according
to grade and line stakes placed on the site by the Borough Engineer.
[1966 Code § 14-2.3; Ord. No. 1991-1 § 16; Ord. No. 1994-8 § 1]
a.
Where the sidewalk is over 15 feet in width, the paved portion shall
not be less than five feet wide. Where the sidewalk is 15 feet or
less in width, the paved portion shall not be less than four feet
wide. The sidewalk in front of stores, businesses or public places
shall be paved for the full width when so required.
b.
If the sidewalk is not paved the full width, the space remaining
unpaved must be sodded and maintained to the same grade as the pavement.
c.
All intersecting curbs shall be connected with curbing as established
by the Borough Engineer; provided, however, that all curbing and sidewalks
in the area of crosswalks shall be designed and constructed so as
to permit barrier-free access in accordance with specifications established
by the Borough Engineer in conformity with regulations promulgated
pursuant to the Americans With Disabilities Act.
d.
All sidewalks located on Main Street and in front of any business,
public or commercial property within the CBD-1, CBD-2, and B-C Zones
shall be constructed of concrete pavers, in accordance with such specifications
governing color, style, manufacture and installation as shall be recommended
from time to time by the Borough Engineer and adopted by resolution
of the Borough Council. All other sidewalks shall be paved with concrete.
All concrete shall be at least four inches thick, except that at driveways
the concrete shall be at least six inches thick. It shall be properly
laid on a firm foundation and shall be composed of one part Portland
cement, two parts sand and four parts gravel.
[1966 Code § 14-2.4; Ord. No. 1991-1 § 6]
Curbs shall be of bluestone or concrete.
a.
All concrete curbs shall be not less than six inches thick at the
top and eight inches at the bottom, and 16 inches deep, and laid in
sections not to exceed six feet. Curbs shall be properly laid on a
firm foundation. Concrete shall be composed of one part Portland cement,
two parts sand and four parts gravel.
b.
Upon request of a property owner, the Borough Engineer will set curb
stakes for any existing accepted street in the Borough, without charge,
for the purpose of assisting the property owner to install curbs and
sidewalks. If the owner requesting the setting of sidewalk or curb
stakes does not install such sidewalks or curbs within 30 days, he
or she shall pay for the cost of setting the sidewalk or curb stakes.
[1966 Code § 14-2.5; Ord. No. 1991-1 § 16; amended 6-25-2024 by Ord. No. 2024-12]
The owner of the land in front of which any sidewalk or curb
shall be required to be constructed, laid, relaid or repaired, shall
be served with a notice as provided by law that, unless the construction,
laying, relaying or repair as required by the provisions of this section
is completed within the time provided after service of the notice,
the Mayor and Council shall cause the required work to be done and
shall assess the cost thereof upon the lands affected thereby.
[1966 Code § 14-2.6; Ord. No. 1991-1 § 16; amended 6-25-2024 by Ord. No. 2024-12]
No person shall construct, reconstruct, repair, alter or grade
any sidewalk, curb, curb cut, driveway or street in the Borough without
first obtaining a permit from the Building Official of the Borough.
This subsection shall not apply to any municipal work taken in this
respect. The issuance of the permit shall be conditioned upon the
posting by the applicant of a cash deposit to guarantee restoration
in the amount of 120% of the estimated cost of improvements with a
minimum deposit of $1,000.
[1966 Code § 14-2.7; Ord. No. 1991-1 § 16]
An applicant for a permit shall file with the Building Official
an application showing:
a.
Name and address of owner or agent in charge of the property abutting
the work area.
b.
Name and address of the party doing work.
c.
Location of work area.
d.
Attached plan showing details of the proposed alteration.
e.
Estimated cost of the alteration.
f.
Such other information as the Building Official shall find reasonably
necessary to the determination of whether a permit should be issued.
[1966 Code § 14-2.8; Ord. No. 1991-1 § 16; Ord. No. 2004-13; Ord. No. 2017-02]
Fees shall be set by resolution of the Mayor and Council and
shall remain in effect until superseded by a new resolution of the
Mayor and Council.
[1966 Code § 4-2.9; Ord. No. 1991-1 § 16]
All driveways newly constructed or reconstructed shall be in
accordance with the standards for construction on file in the office
of the Borough Engineer as approved by the Borough Council by proper
resolution, and no new construction shall be permitted without approval
of the Planning Board of the Borough. No permit shall be issued for
any work which would unreasonably impair the health, welfare or safety
of the public or the operation of which when completed would unreasonably
interfere with vehicular and pedestrian traffic, the demand and necessity
for parking spaces and the means of egress to and from the property
affected and adjacent properties.
[Ord. No. 1991-08 § 1; Ord. No. 2005-06]
The owner or owners of premises abutting or bordering upon any
street in the Borough shall remove or cause to be removed all snow
and ice from the abutting sidewalks of such streets, 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, salt or cinders
within 24 hours after the same shall fall or be formed thereon.
[Ord. No. 1991-08 § 1; Ord. No. 2005-06]
No person, firm or corporation, the owner, tenant or occupant
of any premises abutting on any street shall throw, place or deposit
any snow or ice into or upon any street in the Borough, it being 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 abutting the street or sidewalk, upon
the sidewalks or streets of the Borough.
[Ord. No. 1991-08 § 1; Ord. No. 2005-06]
In case snow or ice shall not be removed from such sidewalks or shall be cast, deposited thereon or placed upon the sidewalks or the streets by the owner or owners, tenant or tenants, occupant or occupants of any premises, as provided in subsection 27-3.2, the same shall be removed forthwith under the direction of the Director of Public Works or his/her representative, and the cost of such removal as nearly as can be ascertained shall be certified by the Director of Public Works to the Borough Council. The Borough Council shall examine such certification and, if found to be correct, shall cause such cost to be charged against such real estate so abutting or bordering upon such sidewalks. The amount so charged shall forthwith 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 or fines imposed by the provisions of this section shall not constitute any bar to the right of the Borough to collect the cost as certified for the removal of said snow or ice in the manner herein authorized.
[Ord. No. 1991-08 § 1; Ord. No. 2005-06]
Any person, firm or corporation violating any of the provisions
of this section shall, upon conviction thereof, be subject to the
applicable penalty set forth below. Each and every day in which the
violation exists shall constitute a separate violation.
[Ord. No. 1993-27 § 1]
The Borough Council hereby finds and declares that problems
of traffic control occur when traffic must be moved through or around
street construction, maintenance operations and utility work, above
and below ground, which requires blocking the roadway and obstructing
the normal flow of traffic; and that such obstructions are or can
become dangerous when not properly controlled. In order to better
promote the public health, safety, peace and welfare, it is necessary
to establish controls and regulations directed to the safe and expeditious
movement of traffic through construction and maintenance zones and
to provide safety for the work force performing these operations.
The Borough of Belmar does hereby adopt the current Manual on
Uniform Traffic Control Devices, hereafter known as M.U.T.C.D., and
regulates whenever construction maintenance operations of utility
work obstruct the normal flow of traffic. Any person, contractor or
utility who fails to comply with the provisions of M.U.T.C.D. while
performing such work is in violation of this section.
[Ord. No. 1993-27 § 1]
It shall be the responsibility of the person, contractor, or
in the case of a public utility as required under the public utility
agreement, wishing to conduct work on, under or above the roadway
to contact the Traffic Bureau of the Belmar Police Department to arrange
a preconstruction meeting in order to submit plans for the safe movement
of traffic during such periods of construction work. Any person, contractor
or utility who fails to comply with this section prior to the start
of such work, or whose plans are not approved by the Traffic Bureau
of the Belmar Police Department, is in violation of this section.
[Ord. No. 1993-27 § 1]
The person, contractor or utility shall provide the Traffic
Bureau with at least two emergency contact phone numbers to be called
in case of emergency problems at the construction or maintenance site
prior to the start of any work. If, for any reason, the emergency
contact cannot be reached, or if the emergency contact person does
not respond to the call from the Police Department to correct a hazardous
condition, the Borough may respond to correct the hazardous condition.
The reasonable fees for such emergency service by the Borough shall
be charged to the person, contractor or utility responsible for such
condition.
[Ord. No. 1993-27 § 1]
There shall be no construction, maintenance operations, or utility
work on any roadway in the Borough before the hour of 7:00 a.m. or
after 6:00 p.m. This time limit may be adjusted to permit work prior
to 7:00 a.m. or after 6:00 p.m. by the Officer in charge of the Traffic
Bureau of the Belmar Police Department. If it is determined by that
Officer that the construction or maintenance operations prior to 7:00
a.m. or after 6:00 p.m. would substantially delay traffic or cause
a safety or health hazard, the work shall then be permitted only between
7:00 a.m. and 6:00 p.m.
[Ord. No. 1993-27 § 1]
Road closings and/or traffic detours shall not be permitted
unless approved by the Belmar Police Department Traffic Bureau.
[Ord. No. 1993-27 § 1]
Traffic Officers shall be posted at all construction or maintenance
sites, when determined by the Belmar Police Department Traffic Bureau
that same is necessary to provide for the safe and expeditious movement
of traffic.
[Ord. No. 1993-27 § 1]
The Traffic Bureau of the Belmar Police Department shall have
the authority to stop work, including the removal of equipment, vehicles
or stored material within the street right-of-way, back filling of
open excavations, and/or related work, in order to abate any nuisance
and/or safety hazard, or for any violation of this section.
[Ord. No. 1993-27 § 1]
It is to be expressly understood that no materials, vehicles
or equipment are to be placed in the roadway or sidewalk area until
all construction signs, lights, devices and pavement markings are
installed.
