[Ord. No. 02/02 § 73-1; amended 10-23-2025 by Ord. No. 25/18]
No person, company, firm, corporation or other entity, municipal or private, nor any utility company, public or private, shall for any purpose, open, tear up, excavate, disturb, bore, tunnel or drive under or in any way impair the surface or subsurface of any municipal roadway, sidewalk, right-of-way or public land without having first obtained a permit from the Borough Director of Public Works, or his/her designee, whose duty it shall be to grant such permit when all the requirements of this section have been complied with. A separate permit shall be required for each opening. The permit or copy thereof shall be available at the site during the duration of the work and shall be presented for inspection upon request. For excavations performed on County of Somerset or State of New Jersey roadways or other areas under their control, permits must be obtained from the County or State as appropriate.
The entity obtaining the permit shall be responsible to comply with all applicable laws and requirements pertaining to construction site safety.
[Ord. No. 02/02 § 73-2; amended 10-23-2025 by Ord. No. 25/18]
No permit shall be issued to open the pavement surface course of any road which has been newly constructed or reconstructed, either with New Jersey Department of Transportation (NJDOT) Municipal Aid Grant or municipal funds, for a period of five years from the date of completion of said work except in the event of an emergency.
No permit shall be issued to open the pavement surface course of any road which has been resurfaced for a period of three years from the date of completion of said work except in the event of an emergency.
An emergency shall include a utility line break or any situation which may result in harm to the public health, safety or welfare or damage to public and/or private property. New residential/commercial utility connections do not constitute an emergency.
[Ord. No. 02/02 § 73-3; amended 10-23-2025 by Ord. No. 25/18]
An application for a permit authorizing an excavation within streets or rights-of-way shall be made in writing and signed by a properly authorized person on forms as prescribed by the Borough Director of Public Works, or his/her designee, at least five business days prior to the proposed commencement of any work. Such application shall state the location and approximate size of the proposed opening, along with other information required by the Borough Director of Public Works, or his/her designee.
Plans, profiles, and other details necessary to accurately depict the work to be performed and all required State, County and Borough permits and approvals, as determined necessary by the Borough Director of Public Works, or his/her designee, shall be submitted with the application.
The Borough Director of Public Works, or his/her designee, will issue a permit only when the applicant has satisfied all provisions governing the application. Except in the event of an emergency, no work shall commence until a minimum of 48 hours notice [two working days] is given to the Borough Director of Public Works, or his/her designee, after the date set forth in the issued permit.
In the event of an emergency, the Borough Director of Public Works, or his/her designee, or his/her authorized representative may issue the permit within a shorter period if deemed necessary and appropriate. If circumstances warrant, the Borough Director of Public Works, or his/her designee, may also issue a permit authorizing an oral application. In such cases, the applicant shall submit a formal written application within two days of the issuance of the permit. Permits will not be required of any entity under contract with the Borough to perform work in Borough roads or other areas set forth above; however, such work shall comply fully with all provisions stated in this section.
[Ord. No. 02/02 § 73-4]
The applicant must be the person, company, firm, corporation or other entity, municipal or private, or utility company, public or private, who will be actually engaged in the performance of the work under the permit and who will be directly responsible for the performance of the work, for compliance with the specifications, and for the safety of the public. In addition, except for public utility corporations, all applications shall be made for and on behalf of the property owner for whom the work is being done and shall be countersigned by the property owner. Permits will not be issued to private property owners unless the property owner has certified that he/she is to complete the scope of work without the assistance of a contractor.
[Ord. No. 02/02 § 73-5; amended 10-23-2025 by Ord. No. 25/18]
The applicant shall pay to the Borough, before any permit is granted, the permit fee and nonrefundable engineering review/inspection fee as provided for in the Fee Schedule set forth in Section 17-1.16 and shall submit proof of insurance as required by this section.
Public utility companies, as defined in N.J.S.A. 48:2-13, which are subject to the jurisdiction and control of the Board of Public Utilities of the State of New Jersey, shall pay the required permit fees to the Borough before any permit is granted. Engineering review and inspection fees will not be required provided the public utility company has filed with the Borough a standing agreement and continuing bond.
[Ord. No. 02/02 § 73-6; amended 10-23-2025 by Ord. No. 25/18]
The Borough Director of Public Works, or his/her designee, will not issue a permit unless the applicant has deposited, as security for faithful performance, a certified check made payable to the "Borough of Watchung," the amount thereof to be based on the Performance Guarantee Schedule set forth in Section 17-1.16.
Public utility companies, as defined in N.J.S.A. 48:2-13, which are subject to the jurisdiction and control of the Board of Public Utilities of the State of New Jersey shall file with the Borough a standing agreement and continuing bond, approved by the Governing Body as to form and surety, and in the amount or amounts to be determined by it from time to time to guarantee the proper excavation, maintenance and restoration of the roadway, sidewalks, rights-of-way or public lands to be disturbed in compliance with Section 17-1.7. However, any person, partnership or corporation under contract to a public utility to install, replace or repair any pipe, conduit or facility shall comply fully with all provisions stated herein.
When deemed necessary by the Borough Engineer or Public Works Manager, the Borough shall be authorized to use the performance guarantee to perform general or emergency road repairs.
[Ord. No. 02/02 § 73-7; amended 10-23-2025 by Ord. No. 25/18]
In order for a public utility company to avoid the requirement that its contractor comply with the provisions of this section requiring the payment of nonrefundable engineering review/inspection fees and the deposit of the performance guarantee, the public utility company must enter into a standing agreement with the Borough which provides for the following:
a.
The public utility company shall post a continuing bond in the amount of $25,000 to insure and guarantee the restoration of the roadway excavation and compliance with the specifications and obligations set forth in the technical provisions[1] of this section.
b.
The public utility company shall deposit a four thousand ($4,000.00) dollar performance guarantee cash bond with the Borough to be used by the Borough to perform general or emergency road repairs when deemed necessary by the Borough Engineer or Public Works Manager.
c.
In the event any monies are drawn against the cash bond, the public utility company must immediately replace the sum withdrawn upon notification by the Borough.
d.
Comply with the requirements to provide insurance certificates for themselves and their contractors as required in these specifications.
e.
The public utility company must have a representative on the job site at all times. This representative shall serve as the liaison between the public utility company and its contractor and shall be responsible to inform the Borough Engineer or Public Works Manager of the status of the work.
f.
The public utility company must provide emergency telephone numbers for its field representative. The field representative must be available day or night, seven days a week.
g.
The public utility company shall be responsible to maintain all road excavation restorations for so long as the road restoration is visible. Upon reconstruction or overlay of the road by the Borough, the public utility company's maintenance obligation ceases.
h.
The standing agreement will be entered into on an annual basis and may not be renewed if the public utility company has not complied with the terms of this section.
[Ord. No. 02/02 § 73-8; amended 10-23-2025 by Ord. No. 25/18]
The applicant shall notify the Borough Engineer, Director of Public Works, and the Borough Police Department at least 48 hours in advance of the actual commencement of any work. The applicant shall also provide the Borough Police Department with the names and night phone numbers of at least two individuals authorized to make emergency repairs to the road opening.
The applicant shall comply with all applicable laws pertaining to notification of any person, company, firm, corporation or other entity, municipal or private, or utility company, public or private, engaged in the distribution or transmission of manufactured, mixed or natural gas or synthetic natural gas, liquefied natural gas or propane gas in the area of the proposed road opening and ascertain from such person or corporation the location of all such gas lines or pipe lines within 200 feet of the proposed excavation. This notification requirement shall include any State requirement such as the New Jersey One Call dig notification.
The applicant shall be solely responsible for ascertaining the location of all utilities and for the repair of same if damaged as a result of work for which the road opening permit was issued.
The applicant shall notify all property owners at least 48 hours in advance of any work which will interfere with access to their residence or place of business.
[Ord. No. 02/02 § 73-9]
The latest New Jersey State Department of Transportation Standard Specifications for Road and Bridge Construction with all amendments and supplements shall govern all of the work performed under these specifications except as supplemented herein.
[Ord. No. 02/02 § 73-10]
All utilities shall be constructed with a minimum of four feet of cover to provide protection for the utilities in the event that future municipal road reconstruction, repair or modifications necessitate excavation, undercutting, or installation of facilities in the area where the utility is located.
[Ord. No. 02/02 § 73-11; amended 10-23-2025 by Ord. No. 25/18]
Traffic must be maintained throughout the project area during construction. As required, prior to the commencement of any work, the contractor shall submit a traffic control plan to the Borough for review and approval by the Borough Engineer, Director of Public Works, and Police Department. No work within the Borough road right-of-way shall be started until the plan has received the necessary approvals. Traffic control shall be in conformance with the NJDOT Standard Specifications, as amended.
The contractor shall provide and/or be prepared to provide traffic protection in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) 1988 edition for streets and highways, as may be supplemented and amended. All roads shall remain open to at least one lane of traffic during construction unless a detour plan and road closing has been previously approved by the Borough. A reduction in the number of lanes available for traffic will not be permitted until after 9:00 a.m. and shall be removed prior to 4:00 p.m. unless otherwise directed by the Borough Engineer or Director of Public Works. Work which will interfere with traffic or restrict the width of traveled way available for traffic shall not be performed on Saturdays, Sundays or legal holidays unless otherwise directed by the Borough Engineer or Director of Public Works.
All roads which do not have an approved detour for overnight road closing shall be open to two way traffic at the end of the work day.
Construction signing shall be installed 24 hours in advance of a multiday construction project and arrangements made with the Borough Engineer or his/her representative to inspect same before construction begins.
Approved construction signing shall remain in place until the construction within the municipal right-of way is complete and approved by the Borough Engineer.
[Ord. No. 02/02 § 73-12; amended 10-23-2025 by Ord. No. 25/18]
The contractor will make all arrangements for establishing, maintaining and signing any detours. The contractor shall furnish, erect and maintain all traffic control devices as specified.
All traffic control devices shall conform to the standard details for traffic control devices as developed by the New Jersey Department of Transportation.
Traffic control devices shall be placed as directed by the Borough Engineer, Director of Public Works, or Police Department to provide traffic control for persons doing inspections, sampling or taking measurements required for the project.
The contractor shall barricade all obstructions within the project limits in accordance with the MUTCD. The contractor shall install all necessary barricades to provide alternate two way traffic maintained in a single lane, whenever a contractor's operations require closing of a lane or a portion of a lane, whenever a contractor's equipment or vehicles are entering or leaving active roadways at other than normal traffic control devices (traffic signals, signs) within a work area and whenever else in the opinion of the Engineer, Director of Public Works, or Police Department the contractor's operations cause such hazards to require the use of traffic directors.
Traffic directors (employed at the expense of the contractor) shall be responsible and thoroughly familiar with their responsibilities and while serving as traffic directors shall not be required to perform any other duties. All certified flagmen must have completed a nationally recognized Basic Finger Training Course, and shall wear approved traffic vests and must be certified as to the proper operation of traffic flag controls. Traffic directors shall be provided with STOP/SLOW sign paddles, an orange or orange fluorescent traffic safety vest and white or orange hard hats or other appropriate head gear. In general, the use of red flags is not permitted and shall be limited to emergency situations and at low-speed and/or low volume locations which can best be controlled by a single flagger. If flagmen cannot see each other, they must have radio communication between them. The contractor may, at his option and expense, secure the services of uniformed police officers.
[Ord. No. 02/02 § 73-13; amended 10-23-2025 by Ord. No. 25/18]
a.
The applicant shall procure, at its own expense, insurance as follows:
1.
Workers compensation insurance shall be maintained in full force during the life of the contract, covering all employees engaged in performance off the contract up to the statutorily maximum amount pursuant to NJ law. Employer's Liability coverage shall also be included with limits of not less than $1,000,000 each accident/$1,000,000 each employee/$1,000,000 Policy Limit.
2.
General liability insurance shall be provided with limits of not less than $1,000,000 per occurrence and aggregate for bodily injury, property damage, personal injury and advertising injury, which shall be maintained in full force during the life of the contract. Products/Completed Operations coverage shall also be included. The general liability policy shall be primary and non-contributory. The Borough shall be named as Additional Insured. Waiver of Subrogation shall be included in favor of same. Said policy must afford coverage for XCU (explosion, collapse, underground) exposures.
3.
Commercial Automobile liability insurance covering Applicant for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000 Combined Single Limit for bodily injury and property damage, which shall be maintained in full force during the life of the contract. The Borough shall be named as Additional Insured on a primary and non-contributory basis. Waiver of Subrogation shall be included in favor of same.
4.
Excess or umbrella coverage with limits of not less than $2,000,000 per occurrence and aggregate shall be maintained as shall follow the form of primary general liability, commercial automobile liability and Employer's Liability insurance coverages, including additional insured, primary and non-contributory and waiver of subrogation provisions of each as required. Any combination of primary and excess policies may be used to satisfy the total limit requirements.
5.
Property coverage for your owned, leased, rented or borrowed property and equipment to be used in this agreement. A Waiver of Subrogation shall be included in favor of the Borough.
b.
The insurance policies shall be provided by insurance companies authorized to do business in the State of New Jersey and having an A.M. Best Rating of at least "A-, Class VIII." All insurance required herein shall be maintained in full force and effect during the term of the successful Applicant's Agreement with the Borough and for a period of not less than three years following completion of the work performed. All coverage for the Applicant shall constitute primary coverage over any other applicable insurance.
c.
The Applicant shall furnish Certificates of Insurance in compliance with these requirements, and the Borough may request a certified copy of each policy, including the provisions establishing premiums. All policies shall contain a provision that the policies shall not be changed or canceled prior to 30 days after written notice has been provided by the insurance carrier directly to the Borough. The description on the Certificate of Insurance shall read: "Borough of Watchung is included as additional insured for both ongoing and completed operations on the General Liability, as well as Auto Liability coverage, the associated Umbrella evidenced on this certificate, and the Environmental Liability on a primary and non-contributory basis. A waiver of subrogation applies in favor of the Borough of Watchung on all lines of coverage evidenced. 30-Day Notice of Cancellation applies on all lines of coverage evidenced."
d.
During the term of the Agreement with the Borough, the Applicant shall be obligated to renew each and every insurance policy which may expire. In cases where a required insurance policy is cancelled or terminated during its term, the successful Applicant shall immediately procure insurance to replace such policy (or policies) and shall immediately provide all insurance information required by the Borough as proof that the cancelled or terminated policy has been restored or replaced. In the event the successful Applicant fails or refuses to renew its insurance policies, or the coverage is cancelled, terminated or modified so that the insurance does not meet the requirements of the successful Applicant's Agreement with the Borough, such failure shall constitute default of the successful Applicant's Agreement with the Borough.
e.
Applicant shall cause all Subcontractors to indemnify the Borough and to provide insurance in precisely the manner and under the circumstances required by the Borough of the Applicant. Applicant shall be solely responsible to ensure Subcontractors remain in compliance with these provisions, and to provide all proof of insurance applicable to its subcontractors' obligation to provide the Borough with additional insurance coverage, should the Borough so request.
f.
Insurance coverage having policy limits in the amounts required by the Borough shall not be construed to relieve the Applicant of its subcontractors from liability in excess of such coverage, nor shall it preclude the Borough from taking such other actions as are available to it in accordance with then-applicable law. The Borough, in its sole discretion, reserves the right to require additional types or limits of insurance as may be reasonably necessary.
g.
Indemnification. Applicant hereby indemnifies and shall defend and hold harmless the Borough of Watchung from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part, by reason of any action, omission, fault or negligence, whether active or passive of Applicant, or of anyone acting under its direction or control or on Applicant's behalf. Applicant's aforesaid indemnity and hold harmless agreement shall not be applicable to any liability caused by the sole negligence of the Borough.
It shall be agreed by the permit holder that it is not intended by any of the provisions of any part of this section to create for the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to the requirements of this permit to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this permit.
[Ord. No. 02/02 § 73-14]
The Borough Engineer or his/her authorized representative shall periodically inspect all road openings and the repair and resurfacing thereof for the purpose of determining compliance with any conditions imposed on the issuance of the permit and compliance with this section. The Borough Engineer may:
a.
Order a temporary stop to any road opening and order that the applicant perform or correct specified work in accordance with the decision of the Borough Engineer.
b.
Order a stop to any work and revoke the permit in which event the Borough Engineer shall complete or cause to be completed any work necessary to restore the road.
c.
Correct or cause to be corrected any work, after notification to the applicant by the Borough Police or Borough Engineer and the neglect or refusal of the applicant to make corrections as indicated.
d.
Correct or cause to be corrected, any work should the Borough Police or Borough Engineer be unable to contact the applicant or any of the applicant's representatives whose phone numbers appear on the permit application.
e.
Take any other action deemed reasonable under the circumstances.
[Ord. No. 02/02 § 73-15]
Upon satisfactory completion and acceptance of all restoration work required under the permit, the applicant shall post a one year cash maintenance guarantee. The maintenance guarantee shall be 20% of the performance guarantee, minimum of $250. The amount of the required maintenance guarantee shall be retained from the performance guarantee.
All maintenance bonds shall remain in effect for a period not to exceed one year after the restoration work has been completed and accepted by the Borough Engineer.
[Ord. No. 02/02 § 73-16; amended 10-23-2025 by Ord. No. 25/18]
a.
Permit Fee (nonrefundable): $75.
b.
Engineering Review/Inspection Fee (nonrefundable): $600.
c.
Performance Guarantee Schedule: All applicants, except public utility companies having a standing agreement pursuant to Section 17-1.7, shall also deposit a bond with the Borough Clerk for each permit in an amount to be determined by the Borough Engineer. The bond may be posted in cash or in lieu of cash by way of a surety bond issued by a responsible surety company licensed to business in the State of New Jersey in a form acceptable to the Borough Clerk, in consultation with the Borough Attorney. The bond shall be in compliance with the terms of Section 17-1.6.
[Ord. No. 02/02 § 73-17; amended 10-23-2025 by Ord. No. 25/18]
a.
Site Preparation. Prior to the start of construction, all warning or detour signs shall be in place in conformance with the MUTCD and as required by the Borough Engineer.
Prior to the start of construction, all materials of construction shall be inspected and accepted by the Borough Engineer.
Prior to the start of construction, the applicant shall make all arrangements with adjacent property owners to remove and replace landscaping, fencing, trees or other obstructions when necessary for construction, whether they are on municipal rights-of-way or private property. The Applicant shall also make all arrangements with utility providers for the necessary relocation of facilities.
b.
Excavation. Paved roadway surfaces shall be saw cut to the full depth of the existing pavement on a straight line before excavating. Roadway surfaces beyond the limits of the trench shall not be disturbed and the lifting of pavement adjacent to the trench shall be prevented.
Tunneling may be permitted along or crossing Borough roads. All voids created by tunneling shall be filled with concrete by an approved method.
The applicant shall not allow excavated material to be placed on lawn areas. Surplus earth shall be properly stockpiled in an approved area or immediately removed from the site.
Excavated pavement materials shall be separated from the excavated earth material and shall be removed from the site and properly disposed of in accordance with all laws.
c.
Backfill and Restoration of Pavement Areas. Backfill material shall meet the requirements of Soil Aggregate Type I-3 or Dense Graded Aggregate Base Course or approved equal. Backfill material shall be deposited in layers and compacted in such a manner and by such methods to achieve 95% standard proctor density throughout the entire backfill. At no time shall the thickness of each layer exceed 12 inches. The material excavated from the trench opening shall not be used as backfill unless specifically permitted by the Borough Engineer.
The trench opening shall be backfilled and paved as prescribed herein by the end of the working day. Exceptions to this provision will not be permitted except for the following:
1.
The applicant has submitted and the Borough Engineer has approved detailed plans for an alternate method of protecting the trench area, or,
2.
When the trench must remain open due to an emergency condition. In the case of an emergency, the applicant must immediately notify the Borough Police Department and the Borough Engineer. The applicant shall be fully responsible to assure that all reasonable and proper precautions are followed to protect the trench and the surrounding area so as to allow for the safe passage of vehicular and pedestrian traffic.
Prior to paving, the applicant shall be responsible to set all manholes, inlets, utility boxes, and trench drains so that they conform to the final grade of the restored surface of the roadway.
The compaction of pavement courses shall be by use of rollers having a minimum weight of 10 tons or the equivalent thereof.
The trench backfill shall be compacted to a level three inches below the level of the adjacent pavement surfaces. All adjacent pavement surfaces of the trench shall be tack coated and a three inch compacted thickness of Bituminous Stabilized Base shall be constructed level with the existing pavement surface. After a minimum of six months, the pavement surface course shall be saw cut to its full depth in neat straight lines a minimum of 12 inches beyond the perimeter of the existing trench repair. The trench shall then be excavated to a depth of eight inches and all adjacent surfaces of said trench shall be tack coated. A six inch compacted thickness of Bituminous Stabilized Base (two lifts) and a two inch compacted thickness of I-5 FABC surface course paving material shall then be constructed level with the adjacent pavement surfaces.
d.
Backfill and Restoration in Unpaved Shoulder Areas. Backfill material shall meet the requirements of Soil Aggregate Type I-3 or Dense Graded Aggregate Base Course or approved equal. Backfill material shall be deposited in layers and compacted in such a manner and by such methods to achieve 95% standard proctor density throughout the entire backfill. At no time shall the thickness of each layer exceed 12 inches. The material excavated from the trench opening shall not be used as backfill unless specifically permitted by the Borough Engineer.
All openings in unpaved shoulder areas shall be brought to grade with compacted backfill material. After a minimum of six months, the shoulder area shall again be compacted and redressed with a layer of Dense Graded Aggregate Base Course. Where existing or proposed manholes are located in disturbed shoulder areas, a minimum of three inches of I-5 FABC surface course paving material shall be placed around the manhole casting for a minimum distance of four feet from the manhole casting.
e.
Backfill and Restoration of Non-Pavement Areas. All openings beyond the shoulder area shall be brought to grade with compacted backfill. After a minimum of six months, a minimum thickness of four inches of topsoil shall be constructed in the trench area and seeded, fertilized and mulched or sodded. Should a proper growth not be achieved, the area shall be re-seeded, fertilized and mulched or sodded as necessary.
f.
Recently Paved Streets. In an attempt to preserve the integrity of recently paved streets, even in the event of an emergency where a permit is issued within five years of a roadway having been constructed or reconstructed or resurfaced, the Borough reserves the right to require significantly greater restoration of the roadway, which may include extensive milling and repaving to return the street to the condition it was in prior to the opening, as well as curb-to-curb repaving, where deemed necessary by the Borough Engineer.
g.
Authorization of the Borough Engineer. The Borough Engineer may modify or add to the above technical provisions as appropriate or necessary for the specific project.
The Borough Engineer may require, at any time during the maintenance guarantee period, that any portion of a trench be re-excavated and restored in accordance with the provisions contained herein.
Borough facilities other than pavements, shoulders or lawn areas, which have been disturbed as a result of work performed, shall be repaired to the satisfaction of the Borough Engineer.
[Ord. No. 02/02 § 73-19]
The provisions herein set forth are designed as minimum requirements for the safety and welfare of the general public. However, if an applicant can demonstrate that, with reference to his application, the ideal enforcement of one or more of said provisions will exact an undue hardship, the Borough Council may permit such waiver or waivers as may be reasonable and within said general purposes.
[1]
Editor's Note: Former Section 17-2, Driveways, previously codified herein and containing portions of 1972 Code §§ 69-1 through 69-5, was repealed in its entirety by Ordinance No. 04-23, Section 18. See Charter 138, Zoning, found in a separate Volume for driveway regulations.
[1972 Code § 84-1]
This section is adopted for the purpose of preventing the creation of any obstacles to vehicular traffic and otherwise providing for the safety of persons traveling in vehicles during and following periods of snowfall.
[1972 Code § 84-2]
This section shall apply to all roads within the Borough regardless of authority for maintenance, unless otherwise indicated.
[1972 Code § 84-3; Ord. No. 14/05]
Any owner, occupant, tenant, snow plow contractor or any other person who removes or causes to be removed snow, ice, slush or any combination thereof from driveways or any other place within the Borough shall not place the same on any public street or thoroughfare or right-of-way after such time as the street or thoroughfare or right-of-way has been plowed and cleared for the purpose of allowing free and safe passage of vehicular traffic thereon.
[1972 Code § 85-1]
As used in this section:
Shall mean a residential condominium, cooperative, fee simple community or horizontal property regime, comprised of a community trust, trust device, condominium association, or association of homeowners wherein the cost of snow removal of roads within the community is paid for by a not-for-profit entity consisting exclusively of unit owners within the community, as defined and applied under N.J.S.A. 40:67-23.2.
Shall mean a paved surface used to carry motor vehicle traffic within the community, but shall not include areas used exclusively for parking.
[1972 Code § 85-2]
Any qualified private community within the Borough shall be entitled to reimbursement for the cost of removal of ice and snow on roadways within the community pursuant to the formula established in subsection 17-4.4.
[1972 Code § 85-3]
a.
The Borough shall make a single payment to each QPC by July 1 of each year for reimbursement of ice and snow removal costs incurred by the QPC during the preceding twelve (12)-month period. The amount of reimbursement will be calculated in accordance with the formula established in subsection 17-4.4.
b.
The reimbursement payments will be made to the homeowners' association or other legal representative established under the bylaws of the qualified private community.
[1972 Code § 85-4]
The maximum amount to be reimbursed to the qualified private community shall be the actual cost to the QPC for providing ice and snow removal during the applicable 12-month period, but shall not exceed the per-mile reimbursement calculation established below.
The per-mile reimbursement calculation shall be established each year by the Borough Administrator by taking the total amount expended by the Borough for the plowing, salting and sanding of public streets during the applicable 12-month period, and dividing that amount by the number of miles of public streets within the Borough. The Borough shall then reimburse the QPC on a per-mile basis for each mile, or fraction thereof, of roadway within the community.
[1972 Code § 85-5]
By June 1 of each year, each QPC shall provide to the Borough Administrator an accounting of the actual costs incurred by the QPC for the removal of snow and ice during the applicable period. The QPC shall make available to the Borough Administrator all invoices, vouchers and payment slips pertaining to ice and snow removal upon request by the Borough Administrator. Any QPC which fails to submit the required data in timely fashion shall not receive the reimbursement payment until the following year.
The Borough Administrator shall submit his per-mile calculation to the Chief Financial Officer of the Borough for distribution to each QPC at the time of the reimbursement payment.
[1972 Code § 85-6]
The Borough shall not be responsible for the performance of any snow or ice removal activity on roadways located within QPCs, but shall only be responsible to reimburse the QPCs for the costs thereof in the manner consistent with this section.
[1972 Code § 85-7]
This section shall not prevent any QPC and the Borough from entering into a separate agreement for the performance of services within the community as permitted under law.