Editor's Note: The power to regulate streets is set
forth in N.J.S.A. 40:67-1.
[1971 Code § 7-1.2]
As used in this section:
Shall mean any unforeseen circumstances or occurrence, the
existence of which constitutes a clear and immediate danger to persons
or property.
Shall mean any person who has been issued a permit and is
obligated to fulfill all the terms of this section.
Shall mean the traveled surface, curbs and sidewalks of a
public street, public easement, public right of way, public highway,
public alley, public way, or public road accepted or maintained by
the Borough, and any State or county road over which the Borough may
have acquired jurisdiction by agreement.
[1971 Code § 7-2; New; amended 7-2-2019 by Ord. No. 19-09; 10-15-2019 by Ord. No. 19-19]
a.
No person shall make an excavation or place any form of construction
in, over or upon any public road, street or right-of-way, curb, sidewalk
or driveway under the jurisdiction of the Borough without first making
application for and obtaining a written permit from the Borough Engineer
on the prescribed forms and upon the minimum payment of the application
fee of $100.
b.
Permission to make an opening in or tear up the surface, curb or
sidewalk of a road or street shall not carry with it any right to
make drainage, sewer, water, gas, oil, steam, electric or telephone
connections. A separate permit to make such connections must be obtained
from the proper officials having jurisdiction thereof. The applicant
shall make application for and obtain a written permit from the Borough
Engineer, or appropriate official, on the prescribed forms and upon
the minimum initial payment of the review fee of $600. Additional
review fees may be required by the Borough Engineer if determined
to be necessary.
c.
If necessary and desirable in the opinion of the Borough Engineer,
the permittee shall submit plans and specifications, in duplicate,
which plans will indicate the extent of the proposed work within the
Borough. The permittee shall promptly submit a copy of the permit
to the Chief of Police. The Chief of Police shall notify the appropriate
volunteer fire companies and first aid squads.
d.
All work shall be performed and paid for by the person obtaining
the permit.
[1971 Code § 7-3; Ord. No. 96-32; New]
a.
Insurance. Before a permit for any excavation below pavement grade
is issued, the permittee shall file a Certificate of Insurance in
accordance with the following schedule:
The type of insurance and minimum limits of liability are as
follows:
1.
Comprehensive General Liability Insurance shall provide a combined
single limit of not less than two million ($2,000,000.00) dollars
per occurrence for bodily injury and property damage. The policy shall
be comprehensive form general liability policy and broad form property
damage liability coverage. The policy shall be endorsed so as to delete
any exclusion for Explosion, Collapse and Underground Property Damage
Hazards.
2.
Comprehensive Automobile Liability Insurance shall provide coverage
for claims arising from owned, hired or non-owned vehicles with combined
single limit of not less than one and one-half million ($1,500,000.00)
dollars per occurrence for bodily injury and property damage.
3.
Owner's Protective Insurance shall be provided as a separate
policy in the same amount as specified for Comprehensive General Liability
insurance in paragraph 1 above. The policy shall be written for the
benefit of the owner, its officers and employees, and they shall be
named as the insured.
4.
Worker's Compensation and Employer's Liability Insurance
shall cover all employees of the permittee and his subcontractors
engaged in performance of this work in accordance with the applicable
statute.
5.
Marine Liability Insurance shall be provided if the permittee or
his subcontractors is engaged in marine operations. The protection
and indemnity coverage of this policy shall have minimum limits in
accordance with existing long shoreman's and harbor worker's
agreements or maritime jurisdictional requirements, as may be applicable.
6.
Railroad Insurance, in addition to any other forms of insurance or
bonds required under the terms of the work shall be provided if the
permittee is engaged in work within or adjacent to railroad right-of-way.
The limits of coverage for both property damage and bodily injury
shall be in accordance with the requirements of the railroad owner.
Certificates of Insurance for each policy are to be issued to
the owners from the permittee and must carry evidence that the owners,
its employees, representatives and the owner's engineer have
been added to the policy as additional insured, except as noted above.
Insurance coverage in the minimum amount set forth herein shall
not be construed to relieve the permittee for liability in excess
of such coverage, nor does it preclude the owner from taking such
other actions as are available to it under any other provision of
this work or otherwise in law.
b.
Cash Performance Guarantee. No person shall be granted a permit to
open any street until and unless there is deposited with the Borough
Clerk, in cash or by certified check, an amount sufficient to pay
the expenses of repairing and replacing the public road of street,
or other surfaces or appurtenances within the street area, as may
be determined by the Borough Engineer. The minimum amount deemed sufficient
to pay the expenses of repairing and maintaining and replacing the
public road or other surfaces or appurtenances shall be $65 per square
yard for paved area openings; $40 per square yard for shoulder openings;
$10 per square yard for lawn area openings; and curb replacement in
accordance with the following schedule:
c.
Bond. Any person may file a bond in an amount equal to or exceeding
the amount in paragraph b above determined by the Borough Engineer
to pay the expenses of repairing and replacing the public road or
street or other surfaces or appurtenances within the street area.
The bond shall be approved by the Borough Attorney as to form, amount
and surety prior to its being filed with the Borough Clerk. The bond
shall be conditioned upon replacing any opening in the manner required
in this section.
d.
Inspection Fee Escrow. The applicant shall post
an escrow with the Borough Clerk to defray the cost of inspection
of the street opening and paving restoration by the Borough Engineer.
The fee shall be equal to 10% of the cash performance guarantee amount
with a $500 minimum. The applicant shall notify the Borough seven
days prior to commencement of work and at the completion of the work.
Additional inspection fees may be required by the Borough Engineer
if determined to be necessary.
[Amended 7-2-2019 by Ord. No. 19-09; 10-15-2019 by Ord. No. 19-19]
e.
Return of Cash Performance Guarantee Bond. The cash security deposit,
certified check or bond will not be released until the restoration
is completed and approved by the Borough Engineer and all inspection
fees paid.
f.
Utilities. Any private public utility, subject to regulation by the
Board of Public Utility Commissioners of the State of New Jersey,
which desires to obtain permits under the provisions of this section
may, in lieu of the provisions hereof requiring deposits, make a bond
which may be the bond of the public utility solely, in the penal sum
of $10,000 running in a favor of the Borough, and file it with the
Borough Clerk. The bond shall be conditioned upon compliance with
the applicable provisions of this chapter in respect to each street
opening.
In lieu of the filing of the certificate of insurance for bodily
injury and property damage, the public utility may file with the Borough
Clerk, at the same time the bond is filed, a letter certifying that
it is a self-insurer and exempt from the necessity of obtaining an
insurance policy pursuant to the provisions of the statutes of the
State of New Jersey.
[1971 Code § 7-4]
Street openings may be made without the necessity of a written
application in the event of emergencies, such as broken or frozen
water mains or other happenings which would endanger public life,
health, and safety, provided that notice is immediately given verbally
to the Chief of Police. Written application for a permit shall be
made to the Borough Clerk as soon as may be convenient but in any
event within 48 hours.
[1971 Code § 7-5.1; Ord. No. 96-32]
a.
Backfilling. Unless otherwise directed by the Borough Engineer, the
following specifications shall govern the backfill to be placed in
excavated trenches:
1.
All road, shoulder and driveway openings shall be backfilled with
a bank run gravel and shall be compacted in six inch lifters/layers
with a mechanical compactor.
2.
All other openings shall be backfilled with the excavated material
approved by the Superintendent of Public Works or Borough Engineer
and shall be compacted in 12 inch lifts/layers with a mechanical compactor.
b.
All material not suitable for backfill and all excess backfill materials
shall be removed from the site by the person responsible for the opening
at no cost to the Borough.
[1971 Code § 7-5.2; Ord. No. 96-32; New]
a.
The trench will be filled with eight inches of Hot Mix Asphalt Base
Coarse Stone Mix (1-2) or equal and rolled with the equivalent capacity
of a five to ten ton roller.
b.
The permittee shall mill two inches and pave roadways with Hot Mix
Asphalt Surface Coarse Stone Mix 1-5 or equal in accordance with the
following schedules:
1.
All trenches, unless otherwise specified shall be milled two inch
deep, the edges raw cut and then paved.
2.
All irregular shaped trenches will be made square. Then the milling
and saw cutting will be two feet beyond the edges of the squared trench.
3.
Should the trench be an area between the curb and centerline of the
road, the trench will be milled and saw cut from the curb line and
two feet beyond the edges of the trench to the centerline of the road.
4.
Should the trench cross the centerline of the road, the trench will
be milled and saw cut two feet beyond the edges of the trench and
from curb to curb.
5.
Should the trench parallel the curb and be less than 1/2 the total
distance between two intersecting streets and not cross the centerline
of the road, the trench will be milled and saw cut from the curb to
two feet beyond the edge of the trench and from the point of curve
at the nearest intersecting street to two feet beyond the end of the
trench.
6.
Should the trench parallel the curb and be greater than one-half
the total distance between two intersecting streets and not cross
the centerline of the road, the trench will be milled and saw cut
from the curb to the centerline of the road for the entire length
of the roadway between the point of curve on the two intersecting
streets along the roadway effected.
7.
Should the trench parallel the curb and be less than 1/2 the total
distance between two intersecting streets and cross the centerline
of the road, the trench will be milled and saw cut from curb to curb
and two feet beyond the edge of the trench and from the point of curve
from the nearest intersecting street.
8.
Should the trench parallel the curb and be greater than 1/2 the total
distance between two intersecting streets and cross the centerline
of the road the trench will be milled from curb to curb and from the
point of curve to point of curve on the intersecting streets along
the roadway effected.
c.
The permittee shall mill two inches and pave intersections in accordance
with the following schedules:
1.
All trenches, unless otherwise specified, shall be milled two inches
deep, the edges saw cut and then paved.
2.
All irregular shaped trenches will be made square. Then the milling
and saw cutting will be two feet beyond the edges of the squared trench.
3.
Should the trench be an area between the curb and centerline of the
intersection, the trench will be milled and saw cut from the curb
line and two feet beyond the edges of the trench to the centerline
of the intersection.
4.
Should the trench cross the centerline of the intersection, the trench
will be milled and saw cut two feet beyond the edges of the trench
and from curb to curb.
5.
Should the trench parallel the curb and not cross the centerline
of the road, the trench will be milled and saw cut from the curb to
two feet beyond the edge of the trench from point of curve to point
of curve.
6.
Should the trench parallel the curb, passing through the intersection
and does not cross the centerline of the road, the trench will be
milled and saw cut from the curb to the centerline of the road through
the intersection and from the centerline of the road to the point
of curve on the intersecting street.
7.
Should the trench parallel the curb and cross the centerline of the
road, the entire intersection will be milled and saw cut from curb
to curb and from the point of curve to point of curve on the intersecting
streets.
The permittee will be responsible to replace any equipment associated
with the traffic signal operation that may exist in the intersection
at his own expenses.
d.
Driveway openings and sidewalks shall be replaced in kind and the
appropriate specifications as approved by the Borough Engineer shall
govern the replacement of same.
e.
Adequate provision shall be made in every case to maintain and restore
existing draining and drainage facilities.
[1971 Code § 7-6; Ord. No. 96-32]
a.
Sheathing. If, in the opinion of the Borough Engineer, OSHA, BOCA
or any other Federal, State or County Agencies, conditions are such
as to require sheathing, the permittee shall install such sheathing.
b.
Limitations on Work. Unless otherwise approved by the Borough Engineer, where an excavation is to extend the full width of the road, only 1/2 of the excavation shall be made at one time and shall be properly backfilled in accordance with subsection 21-1.5 before the other half is excavated. In any event, the permittee shall make certain that the road or street is open at all times to emergency vehicles.
c.
Interruption of Water and Gas Service. Where water or gas installation
require service of existing users to be terminated, the utility shall
notify such users of the period of time when service will not be available.
Notices shall be given at least 24 hours prior to interruption of
service.
d.
Barricades and Warning Lights. It shall be the responsibility of
the person opening any street or road, or otherwise endangering or
obstructing the normal flow of traffic, to fully protect both vehicular
and pedestrian traffic from possible accidents or injury by the placing
of suitable barriers, crosswalks, notices, warnings or caution signs
by day, and flares or flashing lights at night in accordance with
the provisions of Title 39 of the New Jersey Statutes. The Chief of
Police shall be notified, at a minimum, 48 hours in advance of the
installation of the barricades and warning lights and shall determine
the adequacy of such protection.
e.
Extension of Time; Completion of Work by Borough. Upon application,
the Borough Council may extend the time during which any permit shall
be valid for such period as the Borough Council deems advisable. In
the event that the work required to be done by a permittee is not
completed within the time stated on any permit or extension thereof,
the Borough may complete the work required to be done by the permittee
and restore the surface of the road affected. The permittee shall
upon demand pay to the Borough any excess of the cost to the Borough
over and above the security deposit, certified check or bond furnished
by the permittee. The amount may be recovered by the Borough in a
court of competent jurisdiction.
f.
Inspection. The Borough shall furnish and the permittee shall pay
for an inspection for each day from the time any pavement is to be
opened until the pavement, street, roadway, curb or sidewalk has been
restored, in the opinion of the Borough Engineer to the condition
it was previously.
g.
Borough to Be Held Harmless. Each permittee shall, as a condition
of accepting any permit issued, save, hold and keep harmless and indemnify
the Borough, its officers, agents, servants and employees from and
against any loss, damage, claim, demand or expenses arising out of
a suit or claim for damage or injury alleged to have been sustained
as a result of any work done under the permit.
[Ord. No. 96-32; New]
No agency, company, corporation or person shall do any excavation
in a Borough road, once that road has been improved under a road improvement
project for a period of five years. The only exception will be due
to an emergency utility repair or a formal action by the Governing
Body. In such case the pavement repair shall be made utilizing technology
such as infrared methods to provide a seamless patch to the roadway
surface.
[Ord. No. 2015-16]
a.
No individual residential property lot shall have more than one driveway
for the passage of motorized vehicles or the parking of said vehicles
to service said property. The driveway and curb cut shall be reviewed
by the Construction Code Official/Zoning Officer for completeness,
and then forwarded to the Borough Engineer for review and approval.
All motorized vehicles, inclusive of trucks, automobiles, service
vehicles, motorized bicycles, motorbikes, and motorized farm equipment,
shall only be parked on established driveways of any residential property
lot.
b.
An application for administrative review and approval of a driveway
or driveway cut not part of an application for Site Plan or Subdivision
before the Planning Board or Zoning Board of Adjustment shall be accompanied
by a fee of $150 for the review.
[1971 Code § 14-6.1]
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 street or the abutting right-of-way actually
used by the public, or in the event of ice which may be so frozen
as to make removal impractical, shall cause the same to be thoroughly
covered with sand or ashes, within 12 hours of daylight after the
same shall fall or be formed thereon.
[1971 Code § 14-6.2]
No owner, tenant or occupant of any premises abutting on any
street shall throw, place or deposit snow or ice into or on any street,
it being the intent and purpose of this provision to prohibit all
persons from throwing, casting, placing or depositing snow and ice
which accumulates within the private property belonging to that person
on the sidewalks or streets of the Borough.
[1971 Code § 14-6.3]
In case such snow or ice shall not be removed from such sidewalks
or shall be cast or deposited thereon or placed upon the sidewalks
or the street by the owner, tenant or occupant of any premises as
hereinabove provided, the same shall be removed under the direction
of the superintendent of Public Works, and the cost of removal as
nearly as can be ascertained shall be certified by the Superintendent
of Public Works to the Director of the Department of Finance. The
Borough Council shall examine the certification and if found to be
correct shall cause the cost to be charged against the real estate
abutting or bordering upon such sidewalks, and the amount so charged
shall forthwith become a lien and a tax in the same manner as the
taxes next to be levied and assessed upon the 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 other penalty for violation of any of 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 snow or ice in
the manner herein authorized.
[1971 Code § 7-7.1]
As used in this section:
Shall mean and include all houses and dwellings, stores and
business places, and other buildings, which front upon any street
in the Borough.
[1971 Code § 7-7.2]
The Borough Engineer shall plot upon the tax map of the Borough
all of the properties which now or shall hereafter front upon any
street and designate and assign a number therefor.
[1971 Code § 7-7.3]
All buildings now or hereafter erected within the Borough shall
bear, in figures, the street number assigned to the building on the
tax map of the Borough. Such figure shall be displayed by the owner
or occupant on the front of the building or in the front yard in numerals
at least three inches in height, at or near the front entrance to
the building and so located as to be visible to persons passing by
the building or premises on the abutting street.
[1971 Code § 7-7.4]
Upon completion of the plotting upon the tax map of the Borough
of the numbers assigned to all lots and buildings on any particular
street, the Borough Engineer shall file a copy thereof with the Borough
Clerk.
[1971 Code § 7-7.5; New]
Upon any subdivision or resubdivision of land in the Borough
resulting in a lot or lots other than those delineated on the map,
the Borough Engineer in conjunction with the 911 Coordinator of the
Police Department shall assign a number to each lot resulting from
the subdivision or resubdivision, which shall be in proper numerical
sequence in relation to the number assigned to the other lots fronting
on the same street, and he shall record the new numbers on the map
within 10 days of the filing of the approval given for such subdivision
or resubdivision of land.
[1971 Code § 7-7.6]
No building permit shall be issued by the Construction Official
or anyone in his department unless the provisions of this section
have been complied with.
