[Editor's Note: See also "Residential
Site Improvement Standards" (RSIS) N.J.A.C. 5:21 et seq.]
[Ord. No. 281 A1]
The purpose of this section is to
provide for a procedure for the maintenance of the public premises
described below at the lowest cost to the Borough and with the least
possible inconvenience to the public. It is the further intention
that all installation, replacement and repair of subsurface utilities
be coordinated and staged, ideally in five (5) year increments, as
to each area or portion of the public premises, to the end that the
public health, safety, welfare and convenience will not be impeded
by frequent occasions of construction in the same geographic area
of the Borough by the same or different utilities.
[Ord. No. 281 AA AI]
No person, firm or corporation shall
excavate or open or dig in or upon or otherwise disturb the surface,
soil or materials of any public street, easement, rights-of-way or
other public place for the purpose of making connections to any water
pipe, sewer pipe, gas pipe or other utility installation to replace
any sidewalks or curbs, or for any other purpose whatsoever, unless
a permit so to do shall have first been obtained from the Borough
Clerk. A permit shall be issued to the applicant after he has complied
with the following:
a.
Execution and delivery of a complete written application to the Borough Clerk on a form to be furnished for that purpose which shall specify the name and address of applicant; the name and address of the contractor; the specific location of the proposed excavation; the width, length and depth thereof; the type of road or other surface; and the owner of the property for whose benefit the excavation is to be made. The application shall be accompanied by a sketch or plans, and specifications which indicate the location and details of the work. The application shall also be accompanied by a non-refundable fee for the issuance of the permit as hereinafter provided in Subsection 17-1.9.
b.
Satisfactory compliance with the requirements of Subsection 17-1.8 pertaining to posting of cash and approved surety bond to guarantee that the opening or trench made by the applicant will be properly closed in the street, right-of-way, easement or other public land, and that the same will be constructed to specifications promulgated by the Borough.
c.
No opening and excavation of any public streets, easements, and rights-of-way will be allowed to begin, nor will construction of any project be allowed to continue, during the period between July 4th and Labor Day except as may be deemed an emergency as hereinafter provided in Subsection 17-1.4.
d.
1.
No permits for major road openings, as
herein defined, shall be granted to or for the benefit of any utility
provider which has not, after due notice from the Borough, availed
itself of the opportunity to coordinate its work (of any nature whatsoever)
with the work of any other utility involving penetration or opening
and restoration of any paved surface and within the same lineal boundary
until the expiration of five (5) years from completion of the permitted
project by such other utility or by the same utility provider.
The prohibition against major street
openings sooner than five (5) years, as noted above, may be relaxed
upon application to the Governing Body, which may, for good cause
shown in the interest of the public health, safety and welfare, be
granted by resolution, and upon such conditions as shall be consistent
with the purposes of this section.
2.
A major opening shall be that required
for the installation, replacement or repair of any utility facility
or portion thereof which involves opening of a trench or cut in the
pavement longer than a total of seventy-five (75) feet to achieve
the installation replacement or repair.
[Ord. No. 281 AA AII]
Once the applicant is issued a permit,
it shall be the obligation of the permittee to:
a.
Prior to any excavation, erect and maintain
such signs, lights, barricades and other protective devices in accordance
with details of the most current editions of the New Jersey Department
of Transportation (NJDOT) Standard Specifications and the Manual of
Uniform Traffic Control Devices (MUTCD) as may be necessary for the
public safety and as may be required by the Borough Police Department
or the Borough Engineer. In the event that the permittee shall fail
to provide the protective devices to the satisfaction of the Borough,
the Borough may, upon twelve (12) hours notice to the permittee, erect
and maintain the necessary devices and charge the permittee for the
cost thereof. In the event that any failure to act by the permittee
may have an immediate adverse effect on the public safety, the Borough
may erect the necessary protective devices without prior notice to
the permittee and the permittee shall be responsible for the reasonable
cost thereof;
b.
Avoid unnecessary interference with the
public use of the right of way in question;
c.
Prosecute the work to completion within
the date fixed by the permit. In the event the work is not completed
on or before such date, the Borough may, upon the advice of the Borough
Engineer or on its own initiative, complete the work; all costs thereof
shall, in such event, be borne by the permittee. The permittee is
to make all efforts to keep the opening or trench open a minimum period
of time to accomplish the purpose of the permittee and close such
opening or trench just as soon as possible thereafter. All trenches
shall be backfilled, compacted and at least temporarily paved, as
of the termination of each day's work, without exceptions;
d.
Protect children and other members of the
public from any hazardous equipment while on the site of permittee's
activity;
e.
Maintain all streets and other property
affected by the project on a continuing basis in a clean condition;
free from all rubbish, dust, excess earth, rubble and other debris.
The permittee shall also be liable for any damage to the Borough roads
caused by the operator of equipment over said roads. In the event
the permittee fails to act as provided herein, the Borough may, upon
twelve (12) hours notice to the permittee, clean and remove all rubbish,
dust, excess earth, rocks, debris and unused material and/or repair
any roads in the Borough damaged by the operation of equipment by
the permittee over said roads, and charge the permittee the cost thereof.
In the event that any failure by the permittee may have an immediate
adverse effect upon the public safety, the Borough may clean, repair
or protect the area in question prior to notice to the permittee and
the permittee shall be responsible for the costs thereof;
f.
Perform all work so as to accommodate,
to the greatest extent possible, a normal flow of traffic. All streets
shall remain open to traffic during construction unless specific permission
for closing and detour is contained in the permit. All applications
to close a road and to detour[1] shall be forwarded to the Police Department and to the
Borough Engineer for their review. Permission to close a street or
utilize a detour shall not be granted unless it is necessary to reasonably
complete the work and will not substantially or unnecessarily impair
the public safety and convenience. If permission to detour is granted,
such fact shall be communicated in writing to the Fire Department
and local First Aid Squads at least twelve (12) hours prior to closing.
No road which had been closed shall be reopened without prior approval
of Borough Engineer and the Police Department;
g.
Assume full liability, defend, indemnify,
and hold harmless the Borough, its officers, appointed officials,
consultants, servants, and employees from and against any and all
cost, loss, injury, or damage resulting from any negligence or fault
of the permittee, his agents, employees, contractors and consultants
in connection with the activities covered by the permit. The Borough
shall require that the applicant furnish appropriate liability insurance
covering this undertaking at the expense of the permittee, to defend,
indemnify and hold harmless the Borough and the persons listed above,
in a sum not less than one million ($1,000,000.00) dollars for each
claim arising directly or indirectly out of permittee's activity.
Permittee shall also furnish excess liability insurance for this undertaking
to defend, indemnify and hold harmless in such sum as permittee may
usually carry but, in the case of utility providers, not less than
five million ($5,000,000.00) dollars for personal injury and one and
one-half million ($1,500,000.00) dollars for property damage.
Permittee's contractor or subcontractor,
when work is not performed by permittee's personnel, shall, as a minimum
furnish comprehensive general public liability insurance for all risks
entailed in the project of not less than one million ($1,000,000.00)
dollars per claimant for personal injury and not less than five hundred
thousand ($500,000.00) dollars for property damage, per occurrence.
The permittee's obligations herein
to defend, indemnify and hold harmless shall not be conditioned upon
the availability or viability of any insurance coverage, but shall
be absolute, unconditional and unlimited.
All persons providing labor on the
site of the permitted activity shall furnish proof of workers compensation
coverage prior to commencement of work. All insurance required to
be furnished shall be evidenced by issuance of a Certificate or Certificates
of Insurance in companies acceptable to the Borough and shall, as
to liability coverage, specifically refer to the obligations assumed
by the permittee in reference to the project which is the subject
of the application.
Upon the Borough's request, a "memorandum"
copy of the complete policies and all endorsements shall be furnished
to the Borough. The Borough, upon its request, shall be named as "an
additional insured as its interest may appear." No Certificate will
be accepted unless it provides for at least thirty (30) days prior
written notice by certified mail, return receipt requested, to the
Borough before the effective date of cancellation for any reason,
or of expiration of the policy;
h.
Assume responsibility for notifying all
utility companies or other jurisdictional authorities which may have
underground facilities in the project area and which may be affected
by the proposed work, and shall further be fully responsible to secure
mark-outs of the underground facilities, all in advance of any construction;
i.
Assume responsibility for securing all
other necessary permits from regulatory agencies including, but not
limited to, Soil Erosion Permit from Soil Conservation Service, Dewatering
Permit from the New Jersey Department of Environmental Protection,
etc. The Borough shall have no liability for applicant's failure to
obtain other permits or to comply with the provisions of any other
regulatory authority of any nature whatsoever. Any interruption of
the project by order of the Borough or any other authority shall not
extend the time for completion as set forth in the permit;
j.
Pavement markings shall be placed, as directed
by the Borough Engineer, on the finished pavement prior to opening
the roadway to traffic. Traffic paint shall conform to the applicable
requirements of Subsections 912.34 and 912.35 of the NJDOT Standard
Specifications. Pavement markings shall be maintained during the construction
period;
k.
The permittee shall insure that the noise
generated by the construction operation is controlled and equipment
shall be equipped with properly maintained mufflers, pneumatic exhaust
silencers, and the like. Construction equipment shall be operated
only during those hours permitted by Borough regulations.[2] However, properly silenced pumps may, with the approval
of the Borough Engineer, be operated as necessary.
l.
The permittee shall insure that dust control
is maintained during construction. Work shall be performed to minimize
the creation and dispersion of dust. Water shall be used to control
dust. The use of chemicals for dust control is prohibited.
m.
Permittee shall be responsible for the
removal, storage and replacement, as necessary, to facilitate his
work and to the satisfaction of the Borough Engineer, of mailboxes,
street and road signs, street lights, traffic control devices, etc.
If street and road signs are to be removed even for a short time,
the State Police, local Police, and/or appropriate public authority
having jurisdiction shall be notified in advance.
n.
The permittee shall assume responsibility
that all temporary construction facilities and structures are removed
when the work is complete. Any remaining waste or surplus material
shall be removed and the project site and adjacent properties affected
by the work shall be left in a neat and satisfactory condition. All
silt or other foreign debris that may have been deposited in channels,
storm drains or other points of water discharge shall be removed.
All waste material collected as a result of the work shall become
the property of the permittee to dispose of off site in accordance
with the requirements of the NJDEP, Solid Waste Administration.
o.
The extent of excavation open at any one
time will be controlled by the condition of the site, but in no event
shall the opening exceed two hundred fifty (250) feet.
p.
Prior to construction, permittee shall
conduct a subsurface soils investigation to determine the existing
soil types, soil density, and groundwater levels. The extent of investigations
and testing required will be dependent upon the type of project and
as such, the permittee shall meet with and obtain the approval from
the Borough Engineer of the subsurface investigation program, prior
to submission of an application.
q.
Routing of new or replacement utility lines
shall be subject to review and approval of the Borough Engineer with
due regard to the purposes of this section.
[Ord. No. 281 AIII]
No person, firm, partnership, corporation
or other entity shall direct or cause any employee, agent or contractor
of such person, firm, partnership, corporation or entity to open or
dig a trench in any public street, right-of-way or other public place
until a written permit for such opening or trench has been issued
by the Borough, except that openings may be made without the necessity
of a previously issued permit in the case of emergencies which would
immediately endanger the health, safety or property; subject, however,
to the condition that prior notice thereof shall be given verbally
to the Police Department and thereafter a written application in accordance
with the provisions of this section is made within twelve (12) hours
after such emergency opening is commenced. The person or entity acting
under this emergency procedure shall, in all respects, be bound by
all other requirements of this section. No opening shall be finally
repaved without the written approval of the Borough Engineer.
[Ord. No. 281 AA AIV]
a.
No opening shall be commenced on a Saturday,
Sunday or holiday except in case of emergency.
b.
The issuance of a permit under this section
shall not in any way be deemed to constitute a waiver of any other
lawful requirement in connection with public utility installation
requirements. Any work permitted under this section shall be conducted
in a manner so as not to interfere with public utilities or other
authorized installations, public or private property.
c.
On a bituminous surface treated road the
edges of the opening shall be cut straight through the bituminous
surface before the trench is excavated.
d.
No excavation shall commence until such
time that an adequate dewatering system is installed and operating
satisfactorily, as required for underground utility work. An adequate
dewatering system shall be defined as having lowered the groundwater
to a point at least two (2) feet below the proposed pipeline invert.
e.
All excavations shall be completely backfilled
with clean suitable material, and the material shall be compacted
by mechanical tamping in layers or other acceptable means. All trenches
shall be compacted to the satisfaction of the Borough Engineer. Whenever
the Borough Engineer shall deem that the material removed is unsatisfactory
for backfill, the permittee shall backfill the trench with sand or
other proper and acceptable material from off-site sources, and shall
compact the fill material as required by the Borough Engineer. Unsuitable
material shall include, but not be limited to, organic matter, trees,
stumps, frozen material, clays, rubble, refuse, cinders or rock. All
excess materials shall be removed from the premises. Anything contained
herein to the contrary notwithstanding, the top eight (8) inches of
any such excavation below final bituminous paving shall be filled
with compacted soil gradation I-5 in accordance with NJDOT specifications.
If tamping alone is employed, the material shall be placed in layers,
not exceeding twelve (12) inches in thickness, moistened, as directed,
and each layer energetically tamped until thoroughly compacted. Compaction
shall achieve ninety-five (95%) percent Proctor density in accordance
with ASTM D-1557 test procedures.
f.
No trench shall be backfilled until all
proper inspections of any connections shall have been made as required
by any and all regulations concerning the inspection of sewer, water,
gas, electrical or other utility installations. No backfilling shall
be commenced without prior approval of the Borough Engineer. Permittee
shall pay for such independent testing of compaction and paving as
may be employed by the Borough Engineer to determine compliance with
conditions of this section.
[Ord. No. 281 AA AIV]
a.
All surface paving and surface paving foundation
shall be resurfaced and restored by the permittee in accordance with
the standards set forth in this section. Compliance, for the purpose
of discharging surety or refund of cash bond, shall be as determined
by the Borough Engineer and in accordance with the following applicable
rules:
1.
In the case of a gravel pavement, the permittee
shall fill in the top eight (8) inches of the excavated trench or
opening with compacted soil gradation I-5 as specified in the NJDOT
standard specifications;
2.
In the case of a bituminous surface, the
permittee shall restore the surface with a minimum of six (6) inches
of hot mixed bituminous concrete stabilized base course, NJDOT mix
#I-2, covered with two (2) inches of hot mixed bituminous concrete
surface course, NJDOT mix #I-5, each course to be as specified in
the NJDOT Standard Specifications;
3.
In the case of a concrete surface, the
permittee shall reconstruct the subgrade with six (6) inches of soil
gradation I-5, and shall restore the reinforcement and the concrete
pavement with Class "B" concrete, as directed by the Borough Engineer.
4.
In no event shall the pavement be restored
to specifications of lesser quality or dimension than that pavement
which was removed or damaged by permittee;
5.
Bituminous concrete surface course, hot-mixed,
shall conform to the requirements of the NJDOT Standard Specifications,
Subsections 404.02 and 404.03 and shall be a crushed stone mix, designation
#I-5. Tack coat shall be utilized and shall conform to NJDOT Standard
Specifications, Subsection 404.02. Mix design shall be submitted to
and approved by the Borough Engineer prior to commencement of the
work.
6.
Restoration of roadways, in general, shall
consist of replacement of the roadway for the trench area plus twelve
(12) inches on either side. Should, however, the proposed construction
disturb more than one-third (1/3) of roadway width, and be in combination
with service or lateral trenches, then the permittee shall be responsible
to restore the trench area as described by this section, as well as
provide a complete overlay of the existing roadway, from curb to curb
or edge of roadway to edge of roadway.
The trench area shall receive the
stabilized base course as described elsewhere in this section. The
existing pavement in the area not disturbed by trench excavation shall
be milled, removed, or as otherwise approved by the Borough Engineer,
to provide for a minimum of one and one-half inches (1.5) of bituminous
surface course from curb to curb or edge of roadway to edge of roadway.
The grades of the proposed restoration shall be determined by the
permittee and approved by the Borough Engineer prior to start of the
work.
In the event the proposed project
will not involve excavation across the existing road for service laterals,
but the main trench width exceeds one-half (1/2) of the existing roadway
width (measured from curb to curb or edge of roadway to edge of roadway),
then the entire roadway shall also be restored as described above.
b.
The Borough Engineer shall order such testing
and observation of work in progress as is reasonably required to obtain
compliance by the permittee with all provisions of this section, all
at the expense of the permittee.
c.
In the event of default by the permittee
in the restoration of the premises, the Borough may, on its own account,
complete the work and charge the expenses thereof against the cash
or surety bond posted in addition to any other legal remedy that may
be available to it.
d.
The Borough reserves the right to remove
and replace any defective patch work or surface treatment work made
by the permittee and charge the cost of the labor and materials for
such removal and replacement to the permittee.
e.
It is the obligation of the permittee to
maintain the restoration of the premises for one (1) year after completion
and acceptance by the Borough. The Borough may, in the discretion
of the Borough Engineer, require a one (1) year maintenance bond from
approved sureties.
[Ord. No. 281 AA AIV]
a.
All concrete curbs and sidewalks shall be restored, if damaged during construction, or if being removed and replaced by the permittee, in accordance with the standards set forth in this section and those defined in Chapter 30, entitled "Land Use Regulations." Compliance for the purpose of discharging surety or refund of cash bond shall be as determined by the Borough Engineer.
[Ord. No. 281 AA AV]
a.
Each applicant for a permit for such opening
or trench shall post cash or approved surety company bond or other
satisfactory bond with the Borough Clerk to cover the estimated costs
of excavating, backfilling, compaction, repaving, engineering, observation
and testing as required in accordance with the estimate of the Borough
Engineer, in each instance. Not less than twenty (20%) percent of
the required surety shall be by cash or certified check paid to the
Borough. The balance of the estimate shall be posted by approved bond,
as noted above.
b.
Each surety bond shall be executed by the
permittee as principal. If a surety company bond is given, it shall
be issued by a surety company licensed to do business in the State
of New Jersey acceptable to the Borough and in form sufficient to
guarantee the permittee's compliance with this section.
c.
Upon completion of the project by the permittee
and the restoration of the public street in accordance with this section
and payment of all costs incurred by Borough in accordance with this
section, the permittee shall receive the return of his bond or cash
deposit, as the case may be, upon proper application therefor to the
Borough Clerk, and upon acceptance of the restoration of the public
street opening or trench in a certification executed by the Borough
Engineer. The Borough may, at its option, apply any or all of the
cash portion of the Bond in satisfaction of its unreimbursed expenses.
It is expected, however, that the permittee will pay Borough's expenses,
as invoiced, in the ordinary course of business and not later than
thirty (30) days after presentation.
[Ord. No. 281 AA AVI; Ord. No. 485]
a.
Basic Fee. For every opening or excavation
the basic permit fee shall be twenty-five ($25.00) dollars.
b.
Fee for Technical Review and Services.
In addition to the basic fee of fifty ($50.00) dollars, the applicant
shall be obligated to pay the Borough's actual cost for technical
review of the application. The Borough Clerk shall obtain an estimate
of the review fee from the Borough Engineer and advise the applicant
of the fee estimate. The application shall not be complete for review
until all information in the nature of plans, specifications and survey
and/or soil borings, if required, together with funds (cash or check
acceptable to the Clerk) sufficient to pay the estimated review fee
have been delivered to the Clerk. Upon completion of the technical
review, the applicant shall receive a refund or credit for any unearned
review fees. In the event that the actual cost of review exceeds the
cost estimated, the applicant shall pay such documented increase,
if any, before any permit will issue.
The permittee shall, upon completion
and before discharge of surety or refund of cash bond, pay all fees
and disbursements of the Borough Engineer incurred in conjunction
with the work for which the permit was granted. Permittee shall receive
credit for all sums paid on account at issuance of permit.
[Ord. No. 281 AVII]
If the work is not being performed
in accordance with the provisions of this section or if the work is
being performed in a manner which is hazardous to the safety and well-being
of the public, then the Borough Engineer or the Police Department
shall issue a stop notice to the permittee or persons actually in
charge of the work at the location thereof. Upon the issuance of a
stop notice, the progress of the work shall cease until the defects
are corrected and the stop order rescinded.
[Ord. No. 281 AVIII]
[Ord. No. 485]
a.
Purpose. The purpose of this subsection
is to provide a process for and to regulate openings and excavations
and restoration of the public streets, easements, highway roads and
rights-of-way in the Borough of Mantoloking for the purpose of installation,
replacement or repair of utilities to and for the benefit of individual
lots (one (1) or more), known as "minor" openings.
b.
MINOR OPENINGS
Definition. As used in this subsection:
Shall mean any excavation, cut or removal of pavement necessary
to install, replace or maintain a service connection to one (1) or
more individual lots, as opposed to like activity in conjunction with
utility main line facilities.
c.
Regulations.
2.
The Borough Clerk shall provide, to any
person interested, a Municipal Road Opening Permit application form.
Upon receipt of a complete application and the required fee, fifty
($50.00) dollars, the application shall be forwarded to the Borough
Engineer for review. The form of application shall be as specified
in Subsection b of this subsection; together with a competent written
rationale, which sets forth the applicant's need for and justification
of the proposed road opening.
In recognition of the desire of the
Borough to minimize occasions of road openings which involve disturbance
of paved roadway surfaces, the applicant must show a cogent and persuasive
rationale which will persuasively support the need for roadway opening
as opposed to alternative methods and means which would reasonably
facilitate attainment of the applicant's legitimate purposes. Whenever,
in the sole discretion of the Borough Engineer, with due regard to
the condition of existing connections, and the demonstrated needs
of the applicant, the project may be reasonably prosecuted without
undermining, cutting or excavating paved surfaces, any permit which
may issue for work within the right-of-way shall specifically proscribe
and prohibit any undermining, cutting or excavating of paved roadway
surfaces.
3.
The Municipal Road Opening Permit may,
in the discretion of the Borough Engineer, be conditioned upon the
posting of cash surety in a sum sufficient to cover the cost of roadway
restoration. The surety shall be released upon preliminary inspection
of the restored roadway by the Borough Engineer.
4.
The permit shall be conditioned upon the permittee's undertaking, by accepting the permit, to guarantee to the Borough that the restoration will, in all respects, comply with performance specifications of this subsection as amended. The guarantee shall expire one (1) year following the restoration of the paved surface. In the event of the appearance of defective work within the one (1) year period the owner of the property shall, upon the written direction of the Borough Engineer, promptly take such action as shall be necessary to achieve compliance with the specified standards. In the event that the owner shall fail to, within one hundred twenty (120) days following notice, completely correct the deficient condition to the reasonable satisfaction of the Borough Engineer, the Borough may, at its cost, do so and in that event, all costs, direct and indirect, shall be charged against the lot or lots, as a municipal lien, subject to collection in the manner permitted by law. The failure of any owner to provide the corrective work and/or pay the reasonable cost of such corrective work, upon demand, shall be a violation of this section and the owner shall, upon conviction, be subject to the penalties set forth in Subsection 17-1.11.
5.
In the event of circumstances of emergency
and wherein the Borough Clerk and Borough Engineer are not available
to process applications in the ordinary course of business, the Mayor,
or in his or her absence, the President of Council, may issue an emergency
road opening permit and such emergency permit shall be subject to
all of the conditions of this section.
d.
This amendatory Subsection 17-1.20 is supplementary to and not in derogation of any of the provisions of Ordinance 281, codified as § 17-1, Subsections 17-1.1 through 17-1.11. All of the provisions of Ordinance 281, which are not eclipsed by or in clear conflict with this subsection shall remain in full force and effect. This subsection shall be construed, interpreted and enforced to the attainment of the goal that disturbance of paved roadways shall be minimized (avoided) whenever to do so is reasonably practicable. The requirements of the installation, replacement or repair of utility "main" lines is not impacted by this subsection, all of which remain subject to the provisions of Ordinance No. 281 (codified as Subsections 17-1.1 through 17-1.11) as initially adopted.
[Ord. No. 121 § 1]
Any person owning or leasing any
house or vacant lot fronting on any street in the Borough shall at
his or her charge and expense maintain the sidewalk and curb of the
street in front of such house or lot in good repair.
[Ord. No. 121 AAA 2-4]
a.
Upon failure of any owner or lessee of a lot or lots to maintain the sidewalk and curb fronting thereon as provided in Subsection 17-2.1, the Borough shall cause a notice to be served upon such owner, or lessee, describing the lot or lots affected, the improvement or repairs required, and stating that it is the intention of the Borough to cause such improvement or repairs to be made within thirty (30) days after service of the notice in the event that the owner or lessee shall fail to do so, and that the entire expense of the improvement or of the repairs will be charged against the owner or lessee of the lot or lots and enforced as authorized by law.
b.
The Borough Superintendent shall maintain
a list of the lots involved, prescribe the method of such improvement
or repairs thereof, the materials to be used therein and the inspection
to be made of the work.
c.
If after service of the notice as provided
for in Subsection b above, the owner or lessee of the lot or lots
affected thereby shall neglect or fail to make the improvement or
repairs directed by such notice, the Superintendent shall cause such
improvement and/or repairs to be made and shall certify the cost of
work done on each lot to the Chief Financial Officer who shall impose,
collect and enforce the expense of such sidewalk and curb improvements
and repairs and assess the same against the several lots, as provided
by law.
[Ord. No. 196 § 1]
In order to provide for the free
and unobstructed use of sidewalks and in order to prevent any visual
obstructions to the streets of the Borough, the Borough Superintendent
or the Borough Council may serve written notice upon any owner or
tenant of lands in the Borough, requiring that such owner or tenant
shall within ten (10) days of such notice remove from or over the
sidewalks abutting his property, impediments of any nature whatsoever
and cut all brush, hedges and other plant life growing within ten
(10) feet of any road and within twenty-five (25) feet of the intersection
of two (2) roadways to a height of not more than two and one-half
(2.5) feet where it shall be necessary and expedient for the preservation
of the public safety as such notice may specify. It is the intention
of this section that the sidewalks shall be clean and unobstructed
full width and to an elevation not less than eight (8) feet over the
sidewalks, and that the streets of the Borough shall be free from
all visual obstructions caused by brush, hedges and other plant life
growing within ten (10) feet of any street and within twenty-five
(25) feet of the intersection of two (2) streets.
[Ord. No. 196 § 2]
The notice provided for in Subsection 17-3.1 may be served by personal service or by certified mail, return receipt requested, to the last known address of the owner or tenant of lands abutting the obstructed sidewalk or street.
[Ord. No. 196 AA 3]
Whenever any owner or tenant of any
lands in the Borough has been notified to remove, within ten (10)
days, impediments of any nature whatsoever, as such notice may specify,
and such removal has not been accomplished, the Borough may by action
of the Borough Superintendent or the Borough Council proceed under
either or both of the following:
a.
Removal of any such impediments from the
sidewalk or lands abutting the street at the direction of the Borough
Superintendent. The cost of any such removal shall be certified to
the Mayor and Council by the Borough Superintendent and if the cost
of any such removal is found by the Borough Council to be reasonable,
it shall cause such cost to be charged against this real estate abutting
upon this sidewalk or street. The amount charged shall become a lien
and tax upon this real estate and shall be added to and become part
of the taxes next to be levied and assessed thereon, and shall be
enforced and collected with interest by the Tax Collector in the same
manner as other taxes.
[Added 12-17-2019 by Ord. No. 700]
a.
Statement of purpose. The Borough finds and declares that it is necessary
to set forth clear standards in relation to the siting of poles, cabinets,
and antennas for the benefit of its citizens and any utilities which
use the Borough's rights-of-way. The purpose of this chapter
is to protect the property of the Borough and its citizens by creating
a permit system for all new poles, antennas, and cabinets which are
proposed to be placed in the municipal right-of-way.
For purposes of this Chapter 17, the following definitions shall apply:
The cost of processing an application for a right-of-way
permit including, but not limited to, all professional fees such as
engineering, planning or attorney fees such as are normally charged
for approval escrows.
The Borough Council of the Borough of Mantoloking.
A box-like or rectangular structure used to facilitate utility
or wireless service from within the municipal right-of-way.
The part of the electrical system, after the transmission
system, that is dedicated to delivering electric energy to an end
user.
A pole that is in lawful existence within the municipal right-of-way.
A cabinet that is not attached to an existing pole and is
touching the ground.
The surface of, and the space above or below, any public
street, road, place, public way or place, sidewalk, alley, boulevard,
parkway, drive or the like, held by the Borough as an easement or
in fee simple ownership. This term also includes rights-of-way held
by the County of Ocean where the Borough's approval is required
for the use of the same pursuant to N.J.S.A. 27:16-6.
A long, slender, rounded piece of wood, concrete, or metal.
A device that is attached to a pole and used to transmit
radio or microwave signals and shall include, but not be limited to,
small cell equipment and transmission media such as femtocells, picocells,
microcells and outside distributed antenna systems.
A cabinet that is proposed to be placed on an existing or
proposed pole.
A pole that is proposed to be placed in the municipal right-of-way.
Any lands, areas, buildings or installations owned by the
Borough of Mantoloking or any of its departments, agencies or commissions,
and shall include municipal Board of Education lands, areas, buildings
or installations.
An agreement that sets forth the terms and conditions for
use of the municipal right-of-way and includes, but is not limited
to, municipal franchise agreements.
An approval from the Borough, setting forth the applicant's
compliance with the requirements of this chapter.
The placement of one new pole, one replacement pole, one
antenna along with one cabinet on an existing pole, or a combination
of the placement of one new or replacement pole and one antenna and
cabinet.
Existing poles within the same right-of-way which are located
within 500 feet of the proposed pole.
A cabinet that is located beneath the surface of the ground.
Companies subject to regulation by the New Jersey Board of
Public Utilities under Chapter 48 of the Revised Statutes of the State
of New Jersey.
Electric, telephone or cable service.
Notwithstanding any franchise or right-of-way agreement to the
contrary, all facilities proposed to be placed within the municipal
right-of-way by a utility regulated by the Board of Public Utilities
and all other entities lawfully regulating any facility, equipment,
antenna, cabinet or other installation within the municipal right-of-way
shall be subject to the standards and procedures set forth within
this chapter and shall require right-of-way permits for the siting
of poles, antennas, cabinets and related facilities, equipment or
other installation within the municipal right-of-way.
a.
No person shall operate or place any type of pole-mounted antenna
within the municipal right-of-way without first entering in to a right-of-way
agreement pursuant to the provisions of this chapter.
b.
The terms of said right-of-way agreement shall include:
1.
A term not to exceed 10 years;
2.
Insurance requirements as set forth in this chapter of this Code
pertaining to the excavation of streets;
3.
A fine for unauthorized installations;
4.
A reference to the siting standards set forth in this chapter;
5.
Requirements to remove and restore the area to its previous condition;
and
6.
Any other items which may reasonably be required for the applicant's
operation within the municipal right-of-way.
a.
No pole, antenna or cabinet shall be installed in the municipal right-of-way
without the issuance of a right-of-way permit for that installation.
b.
Pole siting standards.
1.
Height. No pole shall be taller than 35 feet above the grade at the
base of the pole or 110% of the height of poles in the surrounding
streetscape, whichever is higher.
2.
Distance from the curbline: No pole shall be farther than 18 inches
from the curbline or roadway.
3.
Location, safety and aesthetics: No pole shall be erected in the
municipal right-of-way unless it:
(a)
Is replacing an existing pole; or
(b)
Is approved pursuant to a land development application by the
Borough's Land Use Board pursuant to a land use application;
or
(c)
Is located on the opposite side of the street from a part of
the electrical distribution system; and
(d)
Is located in the municipal right-of-way; and
(e)
Is a minimum of 200 linear feet away from any other existing
pole or proposed pole along the same side of the street; and
(f)
Is not located in an area with underground utilities; and
(g)
Does not inhibit any existing sight triangles; and
(h)
Allows adequate room for the public to pass and repass along
and across the public right-of-way; and
(i)
Is finished and/or painted so as to blend in compatibly with
its surrounding streetscape and so as to minimize its visual impact
on surrounding properties.
4.
Poles are prohibited in the municipal right-of-way located in any
public grounds.
c.
Ground level cabinet site standards. Ground level cabinets are prohibited
in the municipal right-of-way.
d.
Underground cabinet site standards.
1.
Underground cabinets are the preferred method of cabinet siting within
the Borough of Mantoloking and permitted in the municipal right-of-way
in all Zones.
2.
Underground cabinet siting shall not disturb any underground utilities.
3.
The Borough shall require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any underground cabinet.
e.
Pole-mounted antenna and pole-mounted cabinet siting standards.
1.
Pole-mounted antennas are permitted on existing poles, provided that
each pole-mounted antenna:
(a)
Does not exceed three cubic feet in volume; and
(b)
Is finished or painted and otherwise camouflaged so as to blend
in compatibly with its background and so as to minimize its visual
impact on surrounding properties; and
(c)
Does not inhibit any existing sight triangles; and
(d)
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
2.
Pole-mounted cabinets are permitted on existing poles, provided that
each pole-mounted antenna:
(a)
Does not exceed 16 cubic feet in volume; and
(b)
Is finished or painted and otherwise camouflaged so as to blend
in compatibly with its background and so as to minimize its visual
impact on surrounding properties; and
(c)
Does not inhibit any existing sight triangles; and
(d)
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
3.
The Borough shall require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna or pole-mounted cabinet.
f.
Pole-mounted antenna and underground cabinet siting standards.
1.
Pole-mounted antennas are permitted on existing poles, provided that
each pole-mounted antenna:
(a)
Does not exceed three cubic feet in volume; and
(b)
Is finished or painted and otherwise camouflaged so as to blend
in compatibly with its background and so as to minimize its visual
impact on surrounding properties; and
(c)
Does not inhibit any existing sight triangles; and
(d)
Allows adequate room for the public to pass and repass along
and across the public right-of-way.
2.
Underground cabinets are permitted with existing poles, provided
that each underground cabinet:
(a)
Shall not disturb any underground utilities.
3.
The Borough shall require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna and underground cabinet.
a.
Pre-application meeting. Prior to making a formal application with
the Borough for use of the municipal right-of-way, all applicants
are advised to meet with the Borough Engineer to review the scope
of the applicant's proposal.
b.
The Borough Council shall, by resolution, approve or disapprove every
right-of-way permit application based upon the recommendations provided
to it pursuant to Subsections e and f below.
c.
All applications made under this section and chapter shall be expedited
so as to comply with the shot clocks set forth in the Federal Communications
Commission Order entitled "Accelerating Wireless Broadband Deployment
By The Removal Of Barriers To Infrastructure Investment," WT Docket
No. 17-79; WC Docket No. 17-84.
d.
Every application made under this section and chapter must include
a stamped survey prepared by a New Jersey licensed land surveyor demonstrating
that any proposed pole, cabinet or antenna is located within the municipal
right-of-way. Any such application which does not include such survey
shall immediately be deemed incomplete.
e.
New poles. The Mantoloking Land Use Board shall, pursuant to N.J.S.A.
40:55D-25b(3), review all applications for the placement of new poles
and ground level cabinets proposed to be located in the municipal
right-of-way and advise the Borough Council of its recommendations
to approve, deny or approve with conditions such applications. If
the Planning Board recommends a denial of such application it shall
set forth the factual basis for such denial in writing.
f.
Pole-mounted antennas and pole-mounted cabinets.
1.
The Borough Engineer shall review all applications to place pole-mounted
antennas and pole-mounted cabinets within the municipal right-of-way
and advise the Borough Council of his or her recommendation to approve,
deny or approve with conditions such applications.
g.
Pole-mounted antennas and underground cabinets.
1.
The Borough Engineer shall review all applications to place pole-mounted
antennas and underground cabinets within the municipal right-of-way
and advise the Borough Council of his or her recommendation to approve,
deny or approve with conditions such applications.
h.
If the Borough Council denies any application made under this section
and chapter, it shall do so in writing and set forth the factual basis
therefor.
i.
Waiver. The Borough Council may waive any siting standard set forth
in this chapter where the applicant demonstrates that strict enforcement
of any siting standard will:
1.
Prohibit or have the effect of prohibiting any interstate or intrastate
telecommunications service pursuant to 47 U.S.C. § 253(a);
or
2.
Prohibit or have the effect of prohibiting personal wireless service
pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II); or
3.
Will violate any requirement set forth in the Federal Communications
Commission Order entitled "Accelerating Wireless Broadband Deployment
By The Removal Of Barriers To Infrastructure Investment," WT Docket
No. 17-79; WC Docket No. 17-84.
b.
Deposit toward anticipated municipal expenses.
1.
In addition to the right-of-way permit application fee, the Borough
Engineer shall require the posting of an escrow in the amount of $2,000
toward anticipated municipal expenses including, but not limited to
planner, engineer, legal or other municipal fees related to review
of an application for a right-of-way permit under this chapter.
2.
The applicant's deposit shall be deposited in an escrow account.
If at any time such deposit contains insufficient funds to enable
the Borough to conduct its review of the right-of-way permit application,
the Borough Engineer shall provide the applicant with notice of an
insufficient balance. The applicant shall deposit within 10 days of
such notice such additional deposit as shall be agreed upon by the
applicant and the Borough Engineer to complete the Borough's
review.
3.
After a final decision has been made by the Borough Council in accordance
with this chapter regarding the applicant's right-of-way permit
application, any unused balance from the applicant's deposit
toward anticipated municipal expenses shall be refunded.
A.
Any approval granted pursuant to this chapter does not relieve the
applicant from receiving consent of the owner of the land above which
an applicant's facility may be located as required under New
Jersey law.
B.
Applicant must, in addition to obtaining a right-of-way permit pursuant
to this chapter, also receive any and all necessary road opening permits,
construction permits and any other permits required under the Ordinances
of the Borough of Mantoloking including, but not limited to the Uniform
Construction Code.
C.
Applications for Borough consent pursuant to N.J.S.A. 27:16-6 requires
adherence to the standards set forth in this chapter. No such applicant
shall be required to enter into a right-of-way agreement with the
Borough.
Any person violating or failing to comply with any other provision
of this section shall, upon conviction thereof, be punishable by a
fine of no less than $100 and no more than $1,000, by imprisonment
not to exceed 90 days, or by community service of not more than 90
days, or any combination of fine, imprisonment and community service,
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
