Prior Section 18-1 was repealed in entirety by Ordinance No. 2014:32.
[Ord. No. 2014:32]
It shall be unlawful for any person, firm or corporation to tear up any of the road surfaces of, or make any excavation in, any of the public streets, avenues, highways or public places in the Borough, for the purpose of constructing surface or subsurface improvements or for the purpose of laying, examining, replacing or repairing of gas mains, water mains, sewers, sewer connections, telephone conduits, electrical conduits, or for any other purpose, except and until the consent, permission and approval thereto, in writing, of the Borough Clerk, after consultation and review by the Superintendent or Assistant Superintendent of the Department of Public Works, is first had and obtained. However, in the case of emergency any Utility (water, gas, electric, cable, telephone, sewer, etc.), resident, property owner or lessee shall not be required to provide the above information in advance of the work, but shall do so within 24 hours thereafter, provided that said Utility, resident, property owner or lessee complies with this section, and makes the payment required by subsection 18-1.2.
[Ord. No. 2014:32]
All applications for permits referred to in this section shall
be made to the Borough Clerk and shall specify the full name of the
person, firm, partnership, association or corporation to whom the
permit is to be granted, the location at which the work is to be done,
the character of the work and the length of time considered necessary
to complete the work. The application shall be made at least five
business days in advance of the proposed road opening. A nonrefundable
fee of $100 shall accompany every application to offset the cost of
processing the application and inspection subsequent to the road repair.
[Ord. No. 2014:32]
No permit shall be granted unless the sums hereinafter set forth in subsection 18-1.4 shall be paid to the Borough Clerk. These sums shall be held by the Borough Clerk until 12 months after the completion of each improvement, as a security deposit to guarantee the completion of the improvement and the maintenance thereof for 12 months thereafter, pursuant to the terms of the application, in a good and workmanlike manner and in accordance with the specifications and standards of the Borough to the satisfaction of the Mayor and Council. 12 months after such completion, the Borough shall return the deposit to the applicant, provided the work has been properly completed and maintained. Upon failure to complete and maintain the improvement to the satisfaction of the Borough, the Borough may complete and maintain the improvement, using the moneys so deposited or so much thereof as is necessary for such purpose, returning the balance of the deposit, if any, to the applicant after 12 months from the date of completion. If the security deposit is insufficient to pay for the cost of remediating the work the person or entity responsible shall be obligated to reimburse the Borough for any excess costs which may be collected in accord with the Borough Code.
[Ord. No. 2014:32; Ord. No. 2015:05]
The permit deposits shall be in the following amounts for each
opening excavated, up to 100 square feet of area disturbed.
a.
For openings on any road paved with concrete: $750, plus $7.50 per
square foot over 100 square feet.
b.
For openings on any road paved with macadam: $500 plus $5.00 per
square foot over 100 square feet.
c.
For openings on any unimproved road or unpaved portion of improved
roads: $250 plus $2.50 per square foot over 100 square feet.
[Ord. No. 2014:32]
All excavations, earth, stone, lumber, pipe or other material
shall be safely and securely barricaded and further guarded at night
by at least two lights, one at each end of the excavation or material,
and in any other manner as the Superintendent (or Assistant Superintendent)
of Public Works may deem necessary for the reasonable protection of
the public from injury.
[Ord. No. 2014:32]
Not more than 1/2 of the trench shall be excavated at one time
where the trench will run from one side of the pavement to the other,
and the part so excavated shall immediately be backfilled under the
supervision of and to the satisfaction of the Superintendent of Public
Works (or Assistant Superintendent).
[Ord. No. 2014:32]
The backfilling of the trench shall proceed in the following
manner, namely: earth, sand, gravel or broken stone removed from the
trench shall be replaced in layers not exceeding twelve (12") inches
in depth, and shall be properly compacted. The work of refilling shall
continue in this manner until the material is brought up to within
twenty-four (24") inches of the finished pavement, any rocks larger
than six (6") inches in diameter shall be removed. The first layer
shall be 3/4 inch Quarry Processed (QP) rock. The backfilling shall
be continued until the top thereof, after being thoroughly compacted,
shall be one (1") inch higher than the pavement. No animal or vegetable
matter or refuse shall be used or permitted in the backfill, and all
refuse or surplus material from the trench shall be removed from the
work area immediately after the trench has been excavated. After the
fill has thoroughly settled, the road surface shall be restored to
a like new condition.
The person or entity conducting this work shall remain responsible
for the repair of the resurfaced repair work for a period of one year
and shall repair same, if required by the Superintendent (or Assistant
Superintendent) of Public Works.
Roadway restoration shall be in accord with the engineering
details set forth in Figure 1 for concrete roadways; Figure 2 for
macadam roadways and Figure 3 for unimproved roadways. (Figures 1,
2 and 3 may be found as an attachment to this chapter)
Any restoration of a trench or series of openings more than
fifteen (15') linear feet shall include restoration in accord with
the engineering details found in Figure 1, 2, and 3 as applicable
and shall also include the milling and resurfacing of the roadway
from curb to curb for the length of the opening.
Any restoration of macadam which is not milled and paved shall
be completed using infrared paving to ensure a smooth transition from
the adjoining surface.
[Ord. No. 2014:32]
It shall be unlawful for any person, firm or corporation to
place any stones, earth, ashes, lumber, pipe or other materials of
any description whatsoever upon any road or street so as to interfere
with the flow of water along the gutters or so as to interfere with
the traffic on the road or street. Any unlawful exercise of this privilege
shall be deemed a violation of this section. A violation of this section
shall be punishable by a fine of $50 to $250. Nothing herein shall
apply to leaves or vegetative waste. The purpose of this subsection
is to prevent construction related material from obstructing or interfering
with the flow of water.
[Ord. No. 2014:32]
It shall be the duty of the Borough Superintendent of Public
Works (or Assistant Superintendent), or such other officer as the
Mayor and Council may designate, to ascertain whether permits have
been issued covering each operation, supervise all excavations, backfilling
and restoration as provided herein.
[Ord. No. 2014:32; Ord. No. 2015:05]
All utilities regulated by New Jersey Board of Public Utilities under Title 48 which open roads in the Borough of New Milford shall pay a non-refundable application fee of $100.00 per road opening. Said payment shall be sent to the Borough Clerk within 24 hours of completion of the utility work related to the road opening. Roadways opened by utilities shall be returned to a like new condition as set forth in subsection 18-1.7. Infrared heat paving devices shall be used to the satisfaction of the Superintendent of Public Works (or Assistant Superintendent) or his/her designee.
Roadway repair material shall be of the same material as the
roadway, e.g., concrete roads shall be repaired with concrete and
asphalt replaced with asphalt.
Within 90 days of completion of all road opening repair the
Borough shall advise the utility if the closing is satisfactory or
not, and if not, a directive of corrective action shall be included.
Repairs made subsequent to notice from the Borough of unsatisfactory
repairs shall be concluded within 30 days of notice. If repairs are
not made within 30 days and/or the repair is not done to the satisfaction
of the Borough Superintendent of Public Works (or Assistant Superintendent)
or his/her designee then the Borough may cause the repair work to
be done and use the escrow to pay for same. In such event the utility
shall replenish the escrow within 30 days of notice from the Borough.
All utilities servicing the Borough of New Milford shall post
a cash bond in the amount of $2,500 with the Borough Clerk to be held
in a non-interest bearing escrow account to be held in perpetuity
to pay the cost of application fees and repair to road openings done
in an unsatisfactory manner. If this bond is diminished by utilization
for restoration or payment of application fees the utility shall deposit
additional funds sufficient to bring the balance of the cash bond
to $2,500 within 10 days of receipt of a Notice of Deficiency sent
by the Borough of New Milford.
[Ord. No. 2014:32]
Any person, firm or corporation violating any of the provisions
of this section, or neglecting or refusing to comply with any of the
terms or conditions hereof, shall upon conviction, be liable to as
follows:
[1968 Code § 81-1]
No person, firm or corporation shall lay out, open, grade or
pave any public street, avenue or other public thoroughfare, nor construct
or install therein any curbs, gutters, sidewalks, sanitary sewer,
storm drain or other improvement, without first having obtained from
the Mayor and Council written authority to do the same.
[1968 Code § 81-2]
The Borough Engineers must design, lay out and supervise the
construction of all improvements mentioned herein made in connection
with a major subdivision, and on all other improvement projects the
Borough Engineers shall approve the plans and certify the proper completion
thereof to the Mayor and Council. The applicant shall be obligated
to pay the Borough for the reasonable cost of the engineering fees,
which fees shall be established with the consent of the Mayor and
Council and shall be paid in advance of the engineering services.
[1968 Code § 81-3]
All improvements made hereunder shall be inspected by such persons
as may be designated by the Borough Superintendent of Public Works,
and the applicant shall pay in advance to the Borough, by certified
check, the amount estimated by the Borough Engineers to cover the
inspection fees. The charge shall be reasonable and established by
the Mayor and Council. In the event the charge has been overestimated,
at the completion of the work, the applicant shall receive a refund
of the overpayment. If the charge has been underestimated, the applicant
shall be required to make an additional deposit of money with the
Borough to cover such underpayment.
[1968 Code § 81-4]
The Borough Engineers or the applicant, as the case may be,
shall furnish final plans, profiles and grade maps as follows:
[1968 Code § 81-5]
Before a permit is granted by the Mayor and Council, the applicant
shall be required to furnish a performance bond with sufficient surety,
conditioned upon the completion of such improvement or improvements
to the satisfaction of, and within the time designated by the Mayor
and Council, and further conditioned upon the furnishing of a maintenance
bond with sufficient surety in an amount of 1/4 of the sum of the
performance bond, to maintain such improvement or improvements against
defective workmanship and material and inherent defects due to faulty
workmanship or material for a period of 18 months from the date of
the completion and acceptance of such improvement or improvements.
The performance bond shall be in such amount as estimated by the Borough
Engineers to cover the costs of the improvement or improvements, and
all expenses incidental thereto, plus 25% over and above the amount.
In lieu of the bonds, the applicant may deposit cash in sums equal
to the amounts, which would otherwise be secured by the bonds aforesaid;
and upon failure of the applicant to complete or maintain such improvement
or improvements to the satisfaction of the Borough, the Borough may
complete or maintain said work, using the money so deposited or so
much thereof as is necessary for such purpose, returning the balance
of the deposit, if any, to the applicant. Fees for the examination
and review of the aforementioned bonds shall be paid to the Borough
Attorney by the applicant.
[1968 Code § 81-6]
Upon certification of the plans, profiles and grade maps by
the Borough Engineers, and their certification of such approval to
the Mayor and Council, and upon it further appearing that there has
been compliance with all the regulations and requirements hereunder,
a permit will be issued to the applicant to proceed with the proposed
work.
[1968 Code § 81-7]
All works for which permission has been given hereunder shall
conform with the specifications entitled, "Standard Specifications
for the Borough of New Milford, Bergen County, New Jersey," on file
in the office of the Borough Clerk.
[1968 Code § 81-8]
No improvement shall be accepted by resolution of the Mayor and Council as having been satisfactorily completed until the Borough Engineers and Superintendent of Public Works certify, in writing, to the Mayor and Council that the work has been completed in accordance with the plans, profiles, grade maps and the specifications mentioned in subsection 18-2.4.
[1968 Code § 81-9; New]
Any person, firm or corporation violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each and every nonconformance of this section, or each day that any provision of this section shall have been violated, shall be construed as a separate and distinct violation thereof.
[1968 Code § 81-48]
No person shall erect or cause to be erected a fence within
ten (10') feet of any roadway and within twenty-five (25') feet of
the intersection of two roadways in the Borough without first obtaining
permission and approval therefor from the Borough Chief of Police,
who shall grant approval only where there is reasonable assurance
that the fence will not impair the public safety.
[1968 Code § 81-49; amended 1-24-2022 by Ord. No. 2022:03]
In the event that the Borough Chief of Police determines that
it is necessary and expedient for the preservation of the public safety
to keep cut to a height of not more than 2 1/2 feet any brush, shrub
or plant life growing within 10 feet of any roadway and within 25
feet of the intersection of two roadways in the Borough, the Chief
of Police, or his/her designee, or the Property Maintenance Officer,
or his/her designee, shall send by registered mail notice thereof,
with their reasons, to the last known address of the owner or the
tenant in possession of the lands, who shall thereby be obligated
to perform the required cutting within 15 days of the date of mailing
of the notice.
[1968 Code § 81-50]
The owner or tenant in possession who receives a notice from
the Chief of Police to cut brush, hedges or other plant life may appeal
to the Mayor and Council by filing a notice of appeal with the Chief
of Police and the Borough Clerk within the 15 days from the date of
the mailing of the written notice by the Chief of Police, which appeal
shall stay any act of cutting until a decision is rendered by the
Mayor and Council.
[1968 Code § 81-51]
If the owner or tenant in possession shall have refused or neglected
to cut the brush, hedges or other plant life within the time or times
hereinabove provided for, it shall be lawful for the Superintendent
of Public Works to cause or arrange for the cutting of the same, under
his direction, and the cost thereof shall be certified to the Mayor
and Council.
[1968 Code § 81-52]
The Mayor and Council, upon receipt of such certified costs,
shall examine the same, and if found correct, shall cause the costs
to be charged against said lands, or if the Mayor and Council deem
such costs to be excessive, shall cause the reasonable cost thereof
to be charged against the lands. The amount so charged shall become
a lien upon such lands and shall be added to and become and form part
of the taxes next to be assessed and levied upon such lands, the same
to bear interest at the same rate as other taxes and shall be collected
and enforced by the same officer and in the same manner as taxes.
[1968 Code § 81-53; New]
[1968 Code § 81-12]
No concrete curb, sidewalk or driveway shall be laid or repaired
within the confines of any public street in the Borough unless the
same is of the quality specified in this section and is laid by a
duly licensed person.
[1968 Code § 81-13; Ord. No. 92:16 § 1]
Any person desiring to lay or repair a concrete curb, sidewalk
or driveway within the Borough shall first apply for a permit therefor
from the Construction Official, which permit shall specify the lot
and block, where the work is to be done, the owner of the lot and
block and by whom the work shall be done.
[1968 Code § 81-14]
All concrete sidewalks and driveways shall be placed on a bed
of cinders not less than four (4") inches deep after compaction. The
sidewalk shall be four (4") inches and driveways six (6") inches in
depth, built in one course, and of a concrete which will show a compressive
strength of 3,500 pounds per square inch after 28 days, when tested
under standard conditions.
[1968 Code § 81-15]
Both sidewalks and driveways shall be properly divided into
blocks five (5') feet long, completely separated from the adjoining
blocks.
[1968 Code § 81-16; Ord. No. 73:9]
a.
Concrete curbs shall be six (6") inches wide on top, nine (9") inches
at the bottom and eighteen (18") inches in depth; the vertical face
shall be at the back of the curb. They shall be divided into sections
not longer than ten (10') feet, and shall be built of a concrete which
will show a compressive strength of 3,500 pounds per square inch after
28 days, when tested under standard conditions.
b.
When a curb cut is to be made in an existing curb, the portion of
the curb at the driveway crossing shall be broken four (4") inches
below the road surface for the full length of the curb section. All
driveway aprons shall be installed in accordance with sidewalk specifications
and grades.
[1968 Code § 81-17; Ord. No. 92:16 § 2; Ord. No. 2010:09 §§ 1,2]
a.
No person shall lower the curb or change the grade of the sidewalk
for the purpose of providing a driveway across such sidewalk without
having obtained a permit therefor from the Construction Official.
b.
The maximum width of all driveways in business districts is hereby
established to be twenty-five (25') feet. Where the total front width
of a lot in a residential district is seventy-five (75') feet or more,
the maximum width of all driveways shall not exceed twenty (20') feet
in width. Where the front width of such lots is less than seventy-five
(75') feet, maximum driveway width shall not exceed 20% of the front
lot width. The Superintendent of Public Works is hereby authorized
to order lesser widths for any or all driveways in the Borough when,
at his discretion, public safety requires it.
[1968 Code § 81-18; Ord. No. 92:16 § 3]
Concrete shall not be placed in curb or sidewalk forms until
the forms have been inspected and approved for line, grade and depth
by the Superintendent or Deputy Superintendent of the Department of
Public Works.
[1968 Code § 81-19; Ord. No. 92:16 § 4]
a.
The contractor or person in charge of pouring any concrete shall
notify the Department of Public Works while pouring any concrete so
that a sample of the concrete may be taken.
[Ord. No. 2001:12; Ord. No. 2017:08]
a.
APRON
Definition.
Shall mean a structure to be placed and/or a structure existing
in the area of the ground between the sidewalk and the curb, or if
no curb exists then in the area between the sidewalk and the street;
or, if no sidewalk and no curb exists, then in the first thirty (30")
inches running perpendicular from the street to and/or through the
front yard boundary line of any property or; if no sidewalk exists,
but a curb exists then in the first thirty (30") inches running perpendicular
from the curb to and/or through the front yard boundary line of any
property, whether pitched from the sidewalk to the street or level
with the street.
b.
On any property that has an existing sidewalk and if no curb exists,
any apron installed pursuant to this subsection shall measure no less
than twenty-eight (28") inches.
c.
On any property that has an existing curb or does not have an existing
curb and if no sidewalk exists, any apron installed pursuant to this
subsection shall measure no less than twenty-eight (28") inches.
d.
On any property that has an existing curb and sidewalk, any apron
installed pursuant to this subsection shall connect the sidewalk to
the curb, regardless of the distance between the two.
e.
Permit Required for Construction. No person shall install a new driveway,
expand an existing driveway, remove and replace an existing driveway
and/or remove an existing driveway apron servicing an existing driveway
without acquiring a permit to install a new driveway apron and without
making the apron conform with the requirements of this subsection.
The permit acquired to install a new driveway, expand an existing
driveway, remove and replace an existing driveway shall include a
permit to install a driveway apron and any person seeking said permit
must make the apron conform with the requirements of this subsection.
Persons wishing only to remove a driveway apron servicing an existing
driveway must acquire a permit to remove and replace a driveway apron.
f.
Installation of Apron; Depths; Compression Strength. No person shall
install a driveway apron unless it is placed on a compacted surface
not less than six (6") inches once compacted, unless the concrete
portion of said apron is six (6") inches deep and unless the concrete
has a compression strength of four thousand pounds per square inch
(4,000 psi) after 28 days of curing.
g.
Removal of Driveways and Aprons. No person removing and not replacing an existing driveway and driveway apron is required to install a driveway apron in conformance with this subsection but must acquire a permit and close the curb cut, if a curb exists, in conformance with subsection 18-4.5 of this chapter. If no curb exists, said person must acquire a permit to remove the existing driveway and/or driveway apron and must install topsoil in place of the driveway apron, once removed, and must grade and seed the area where the driveway apron has been removed so as to conform to the topography of the ground juxtaposed to the existing driveway apron on all sides. Said person must also install topsoil in place of the driveway, once removed, and must grade and seed the area where the driveway has been removed so as to conform to the topography of the ground juxtaposed to the existing driveway on all sides.
h.
Registration of Contractors. No contractor may install a driveway
or driveway apron, and/or remove a driveway and/or driveway apron
unless he or she or his or her company is registered with the Borough
of New Milford.
i.
No continued certificate of occupancy shall be granted by the Code
Enforcement Officer unless and until an apron, as provided in this
section, has been completed, inspected and approved as to the location,
grade, materials and workmanship by the Code Enforcement Officer and
in the event of a dispute the Borough Engineer shall make the final
determination.
[1]
Editor's Note: Former subsection 18-4.9, Imprint Required,
previously codified herein and containing portions of 1968 Code § 81-20
was repealed in its entirety by Ordinance No. 92:16.
[1968 Code § 81-21]
The concrete shall be placed in a workmanlike manner with a
smooth wood float and brush finish, and shall be properly cured and
protected against sun and frost.
[1968 Code § 81-22; Ord. No. 92:16 § 6]
Contractors shall comply with Section 4-2 of the Code of the Borough of New Milford.
[1]
Editor's Note: Former subsection 18-4.12, Fees, previously
codified herein and containing 1968 Code § 18-23 was repealed
in its entirety by Ordinance No. 92:16.
[1968 Code § 81-24]
The contractor shall assume full responsibility for materials
and equipment employed in the construction of any project and agrees
to make no claims against the Borough for damages to such materials
and equipment from any cause whatsoever. Until its final acceptance,
the contractor shall be responsible for damage to or destruction of
the project, or any part thereof, due to any cause whatsoever. He
shall make good all work damaged or destroyed before the final acceptance,
and the cost thereof shall be included in the prices bid for the various
items scheduled in the proposal.
[Ord. No. 75:10; Ord. No. 2017:08]
a.
No person shall hereafter erect any dwelling, business or industrial
or other building in the Borough without constructing in connection
therewith a sidewalk and curb in the street fronting the building
lot, in accordance with the provisions of this chapter.
b.
In special cases on unimproved roads or streets, or other streets
where sidewalks do not presently exist, the Mayor and Council may,
upon recommendation of the Planning Board, grant an exception to the
sidewalk requirement of this subsection.
c.
Every applicant for a building permit shall indicate on his plot
plan all existing or proposed curbs and sidewalks and shall make no
subsequent deviations therefrom without the approval of the Borough
Engineer and the Code Enforcement Official.
d.
All sidewalks and curbs shall be built to lines and grades first
approved by the Borough Engineer.
e.
No certificate of occupancy shall be granted by the Code Enforcement
Officer unless and until the premises shall be completed and curbs,
sidewalks and apron, as provided in this section, have been completed,
inspected and approved as to location, grade, materials and workmanship
by the Code Enforcement Officer, and in the event of a dispute the
Borough Engineer shall make the final determination.
[Ord. No. 75:10]
The owner or occupant of premises abutting any stone or concrete
sidewalk shall maintain such sidewalk at all times in a good and passable
condition at a grade which will prevent water from accumulating thereon,
and shall replace any portion thereof which becomes broken, and shall
maintain the same so that the joints thereof are even. The surface
of all concrete sidewalks shall be kept properly roughened so as not
to become smooth and slippery.
[Ord. No. 75:10]
In case any sidewalk becomes out of repair, the owner or occupant
of the lands abutting such sidewalk shall, upon receipt of written
notice from the Superintendent of Public Works or Borough Engineer,
repair or cause the same to be repaired and made in a good and passable
condition and conform with requirements of the preceding section.
[Ord. No. 75:10]
Any person doing or causing any injury or damage to any street,
curb, sidewalk or sidewalk area shall cause the same to be repaired.
[Ord. No. 75:10]
In the event any sidewalk and/or curb becomes out of repair
and notice to repair the same is given by the Superintendent of Public
Works to the adjoining owner, and the notice is not complied with,
the Borough may proceed to have the sidewalk and/or curb repaired
in accordance with N.J.S.A. 40:65-1 et seq.
[1968 Code § 81-25; New]
[1968 Code § 81-58]
As used in this section:
Shall mean all that portion of a street, avenue or highway
lying between the curbline and the nearest boundary of the street
under consideration.
[1968 Code § 81-56]
It shall be unlawful for any person, persons or corporation
to place upon or permit to be placed upon any sidewalk adjoining any
lands of which he, they or it is or are the owner or owners, occupant
or occupants, any object that shall in any manner encumber such sidewalk
or in any manner impede or interfere with or render dangerous or unsafe
travel upon the same.
[1968 Code § 81-57]
It shall be unlawful for any person, persons or corporation
to place upon any sidewalk or roadway any article or articles for
the purpose of exhibiting the same for sale or inspection.
[1968 Code § 81-59; New]
[Ord. No. 91:26 § I; Ord. No. 93:03 § 1]
It shall be unlawful for any person to park or leave unattended
any waste or refuse container commonly known as a roll-off dumpster
or roll-off container on or along any highway or public property without
the written consent of the Police Chief of the Borough of New Milford
or his designee.
[Ord. No. 91:26 § II]
a.
Any person wishing to place a roll-off dumpster or container on or
along a public highway, street or property shall apply to the Borough
of New Milford, upon an application as provided, setting forth the
dates upon which the dumpster will be used, the area where it is to
be located, owner of the dumpster or container and person utilizing
same and any other pertinent information requested.
b.
Applicant shall pay a fifty ($50.00) dollar permit fee to be submitted
with the application.
c.
The permit issued shall be effective for no more than 30 days but
may be renewed upon application therefor.
[Ord. No. 91:26 § III]
a.
To warn operators of vehicles of the presence of a traffic hazard
requiring the exercise of unusual care, any roll-off dumpster or roll-off
container parked on or along a highway will be equipped with the following:
1.
Display markers consisting of all yellow reflective diamond shaped
panels having a minimum size of eighteen (18") inches.
2.
The panels shall be mounted at the edge of the dumpster or container
at both ends nearest to the path of passing vehicles and facing the
direction of oncoming traffic.
3.
The markers shall have a minimum mounting height of three feet from
the bottom of the panels to the surface of the roadway.
[Ord. No. 91:26 § IV]
a.
A person who is convicted of a violation of this section shall pay
a fine of not more than $100 for each violation. A violation is each
day that the dumpster is left without the proper permit.
b.
The fine shall be paid over to the board or body charged with maintaining
the road or highway upon which the dumpster is located.
c.
In default of payment of a fine, an imprisonment in the County Jail
for a period of not more than 90 days may be imposed.
[Ord. No. 91:26 § V]
The provisions of this section are established in accordance
with N.J.S.A. 27:51-1.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 2008:18.
[Ord. No. 2009:10]
The following restrictions shall apply in all residential zones.
a.
The placement and use of portable storage containers and/or similar
devices, as defined in this section, or similar containers or structures
that are designed for the disposal of trash or the storage of household
items and have a capacity of one cubic yard or more shall be prohibited
in any residential zone for more than 30 days unless approved by the
Construction Official or his designee and is incident to an active
building permit properly issued by the Borough for the property.
b.
Temporary storage units shall not exceed 20 feet in length nor more
than 10 feet in height;
c.
Signage. All temporary storage units shall have prominently displayed
the name, address and telephone number of the owner in lettering at
least four inches in height;
d.
Each temporary storage unit must have night reflectors and/or safety
markings on the front and rear surfaces for night safety to indicate
the height and width of same;
e.
When not in use, temporary storage units must be kept locked;
f.
Temporary storage units shall not be located within the front yard
of any property;
g.
Use without a building permit is not to exceed 30 days from date
of delivery;
h.
Use with an active building permit is not to exceed 90 days from
date of delivery;
i.
No temporary storage unit shall contain any flammable, combustible,
toxic or hazardous materials.
j.
Upon reasonable notice, the permit holder shall permit the inspection
of any temporary storage unit by any municipal official for compliance
with this section.
[Ord. No. 2009:10]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meaning stated herein.
Shall mean any container or unit rented or owned by the owner
of occupant of the property that is designed to hold household or
personal items on a temporary basis during a period of home repair,
construction, renovation or relocation, and to be transported to and
stored by a private moving or storage company at a centralized storage
warehouse or facility.
[Ord. No. 2009:10]
Prior to the delivery and use of any temporary storage container,
an application must be made to the Borough of New Milford Building
Department for a permit allowing for the delivery and use of such
storage container. Permits issued shall allow for the use of such
temporary storage container for a period a limited period of time
not to exceed 30 days, unless such use is incident to an active building
permit.
[Ord. No. 2009:10]
There shall be a permit application and review fee charged in
the amount of $75 for a 30 day permit and a two hundred ($200.00)
dollar fee for a 90 day permit incident to an active building permit.
[Ord. No. 2009:10]
This section shall be enforced by the Borough of New Milford
Police Department, Construction Code Official, Property Maintenance
Officer or any such employee or department of the Borough as designated
in writing by the Borough Administrator.
