[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 673 and 850.
[Ord. #1249]
This section shall be known and may be cited as the "Street Excavation Ordinance of the Borough of Keansburg."
[Ord. #1249]
For the purposes of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Shall mean any person making written application to the Borough Clerk for an excavation permit hereunder.
Shall mean the Borough of Keansburg.
Shall mean the Borough Clerk of the Borough of Keansburg.
Shall mean the Borough Council of the Borough of Keansburg.
Shall mean the Borough Engineer of the Borough of Keansburg.
Shall also include the construction, addition, installation or other provision of the whole or portions of the improvements within a public street, drainage right-of-way or other public way or public grounds by persons other than those exempted from the provisions of this section including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.
Shall mean the excavation, removal, replacement, repair, construction, or other disturbance of any portion of the public improvements within a public street or drainage right-of-way. These public improvements include but are not limited to curb, sidewalk, driveway and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels, head walls, railings, guard rails or any other public improvement existing within the public right-of-way. For the purposes of this section, that work which is being performed outside of the public right-of-way, but which requires the storage of materials or the operation of equipment within the public right of way, in such a manner as may cause damage, will also be deemed "excavation work."
Shall mean a public street as identified in the Borough of Keansburg Infrastructure Management Report on file at the Department of Public Works.
Shall mean the removal of bituminous concrete pavement by equipment designed and constructed for the in-place removal of bituminous concrete pavement. The milling machine shall be a self-propelled planning, grinding or cutting machine with variable speeds, capable of removing bituminous concrete pavement without the use of heat to the depth, profile and cross slope required or directed by the Department of Public Works.
Shall mean a public street as identified in the Borough of Keansburg Infrastructure Management Report on file at the Department of Public Works.
Shall mean any person who has been granted and has in full force and effect an excavation permit issued hereunder, and for the purposes of this section includes also any person who has been granted or is required to secure a permit for trench opening from the County of Monmouth Road Department, NJDOT or New Jersey Highway Authority which have an impact on municipal right-of-ways, easements, streets, water courses or property.
Shall mean any person, firm, partnership, association, corporation, company or public or private organization of any kind.
Shall mean the Department of Public Works, Engineering Division of the Borough of Keansburg.
Shall mean "The Standard Specifications for Road and Bridge Construction, New Jersey Department of Transportation", Latest Edition and amendments. All materials, equipment and methods of construction shall be in accordance with the standard specifications and it shall be the responsibility of the applicant to familiarize himself with the standard specifications.
Shall mean any street, highway, sidewalk, alley, avenue, public drainage easement, or other public way or public right-of-way or public grounds in the Borough, excepting County or State roads or highways.
Shall mean all signs, signals, lights, markings, barricades, and any other devices placed on or directly adjacent to a street or highway by authority of the government agency having jurisdiction to regulate, warn, or guide traffic. All devices shall be in accordance with the "Manual on Uniform Traffic Control Devices for Streets and Highways," U.S. Department of Transportation, Latest Edition and amendments.
[Ord. #1249]
It shall be unlawful for any person to perform any of the excavation work as described heretofore or to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose, or to place, deposit or leave upon any street, any earth or other excavated material, obstructing or tending to interfere with the free use of the street, or dig up, break, excavate or undermine or in any way affect any other public improvement within a public right-of-way as defined in this section unless such persons shall first have obtained an excavation permit therefor from the Borough Clerk as herein provided.
All street excavation permits issued by the Borough Clerk shall expire one year from the permit issued date. Upon expiration of permit applicant will be required to apply for a new permit, pay appropriate excavation permit fees, supplement (if required) any deficient cash repair deposits and shall furnish the Borough Clerk satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation work and the period of excavation permit, public liability insurance in accordance with limits and conditions within "Insurance."
No permits will be issued for opening in excess of 20 square feet in area, except for emergency openings or openings required by law, during the period from the fifteenth-day of December to the fifteenth-day of March.
[Ord. #1249]
a.
No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the Borough Clerk. The written application shall state the names and address of the applicant, the nature, location and purpose of the excavation, the proposed date of commencement and completion of the excavation (which date shall be the expiration date of any permit issued pursuant to the application), and other data as may reasonably be required by Public Works.
b.
The application shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of the proposed excavated surfaces, the location of the excavation work, and such other information as may be prescribed by Public Works including complete plan, profile and details of any proposed curb, sidewalk, pavements or other proposed improvements.
c.
No excavation permit shall be issued unless the Chief of Police, or a police officer designated by the Chief, had reviewed the proposed street opening application and accepted the proposed Traffic Safety Plan. The Traffic Safety Plan shall comply with Borough Ordinance and applicable State Statutes.
[Ord. #1249]
a.
A permit fee shall be charged by the Borough Clerk for the issuance of an excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The excavation fee shall be in an amount equal to a percentage of the amount of the cash repair deposit required elsewhere in this section and as per the current fee schedule (Schedule "A").[1]
In those cases where the requirements for all or a portion of the deposit is met by the issuance of a surety bond, Public Works shall estimate, for each permit, what the appropriate cash repair deposit cost would have been should such deposit have been fully required and a permit fee shall be established as heretofore provided.
[1]
Editor's Note: The Schedule referred to herein is included as an attachment to this chapter.
b.
Permit fee will be waived in the case of installation or repair of sidewalk by, or one acting for, the owner of real property, or in the case of installation of new public improvements, by a subdivider or site developer in accordance with approved plans without cost to the Borough.
[Ord. #1249]
a.
The application for an excavation permit to perform excavation work under this section shall be accompanied with a cash repair deposit. Such cash repair deposit will take the form of cash or certified check payable to the "Borough of Keansburg" and shall be received by the Borough Clerk prior to the issuance of any permit.
b.
The amount of the cash repair deposit required shall be in accordance with the current fee schedule (see Schedule "B").[1] In the case of excavation or removal or alteration of other public improvements such as drainage, sidewalks, driveways, driveway aprons, etc., Public Works shall determine in each case the amount of the cash repair deposit in sum total sufficient to allow the Borough to perform all required repairs and restorations. Said amount shall be estimated to include gross Borough costs, including fees, temporary maintenance costs, permanent restoration costs, engineering costs, etc.
Any cash repair deposit made hereunder shall serve as security for the inspection, repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excavation permit. Upon the permittee's completion of the work covered by such permit, in conformity with this section as determined by Public Works, 2/3 of the cash deposit shall be refunded by the Borough to the permittee upon the expiration of such 12 months' period. However, a minimum of $250 will be retained for the twelve-month period. The Borough may use any or all of such deposit to pay the cost of inspection and/or any work the Borough performs to restore or maintain the street as herein provided in the event the permittee fails to perform such work, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the Borough.
Cash repair deposits will be waived in the case of installation or repair of sidewalk by the owner, or by a person acting for the owner, or real property and may be waived in the case of installation of new public improvements by a subdivider or site developer in accordance with the approved plans and without cost to the Borough provided, however, that such waiver will not be granted if, in the opinion of Public Works, a cash repair deposit is necessary to assure protection of existing improvements or to guarantee against damages during construction.
[1]
Editor's Note: The Schedule referred to herein is included as an attachment to this chapter.
[Ord. #1249]
If an individual cash repair deposit required by this section exceeds $1,000 or if the aggregate of the cash repair deposits which any applicant expects to be required to provide within a period of one year exceeds $5,000, or if the applicant be a public utility regulated by the Federal Government and/or the State of New Jersey, then the Borough Council may allow the provision of all or, at the Borough Council's discretion, a portion of the required cash repair deposits in the form of a surety bond. If a surety bond is to be provided in accordance with the requirements of this section, the applicant shall deposit with the Borough Clerk a surety bond in an amount to be determined by Public Works made payable to the Borough of Keansburg. The required surety bond must be:
a.
With good and sufficient surety.
b.
By a surety company authorized to transact business in the State of New Jersey.
c.
Satisfactory to the Borough Attorney in form and substance.
d.
Conditioned upon the permittee's compliance with this section and to secure and hold the Borough and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other work covered by the excavation permit or for which the Borough, the Borough Council or any Borough officer may be made liable by reason any accident or injury to person or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee, and further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition and the satisfaction of Public Works all openings and excavation made in streets, and to maintain any street where excavation is made in as good condition for the period of 12 months after said work shall have been done, usual wear and tear excepted, as it was in before said work shall have been done. Any settlement of the surface within the said one-year period shall be deemed conclusive evidence of defective backfilling by the permittee.
Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the Borough if such repairs should prove defective. Recovery on such bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given.
In the event of any suit or claim against the Borough by reason of the negligence or default of the permittee, upon the Borough's giving written notice to the permittee of such suit or claim, any final judgment against the Borough requiring it to pay for such damage shall be conclusive upon the permittee and his surety. An annual bond may be given under this provision which shall remain in force for one year conditioned as above, in the amount specified above and in other respects as specified above but applicable as to all excavation work in streets by the principal in such bond during the term of one year from said date.
[Ord. #1249]
The Borough Clerk shall provide each permittee at the time a permit is issued hereunder, a suitable placard plainly written or printed in English letters at least one inch high with the following notice: "Borough of Keansburg, Permit No. _____ Expires _____" and in the first blank space there shall be inserted the number of said permit and after the word "expires" shall be stated the date when said permit expires. It shall be the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such placard at or about an excavation not covered by such permit, or to misrepresent the number of the permit or the date of expiration of the permit.
[Ord. #1249]
The permittee shall take appropriate measures to assure that during the performance of the excavation work traffic conditions remain as nearly normal as practicable and shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that Public Works, with the advice and consent of the Borough Police Department, may permit the closing of streets to all traffic for a period of time prescribed by Public Works if in their opinion it is necessary. The permittee shall route and control traffic including its own vehicles as directed by the Borough Police Department. The following steps shall be taken before any street may be closed or restricted to traffic:
a.
The permittee must receive the approval of Public Works and the Police Department therefor;
b.
The permittee must notify the Chief of the Fire Department of any street so closed;
c.
Where flagmen are deemed necessary by Public Works or by the Police Department they shall be furnished by the permittee at its own expense;
d.
Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible the Chief of Police will designate detours. The Borough shall maintain roadway surfaces of existing highways designated as detours without expense to the permittee but in case there are not existing highways, the permittee shall construct all detours at its expense and in conformity with the specifications of the Borough Engineer. The permittee will be responsible for any unnecessary damage caused to any highways by the operation of its equipment;
e.
Upon completion of the construction work the permittee shall notify Public Works and the Borough Police Department before traffic is moved back to its normal flow so that any necessary adjustments may be made.
[Ord. #1249]
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire plugs. Passageways leading to fire escapes or fire fighting equipment shall be kept free of piles of material or other obstructions.
[Ord. #1249]
The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon highways as little as possible. The permittee shall construct and maintain adequate and safe crossing over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of planks, timbers and blocking of adequate size to accommodate vehicular traffic safely. Decking shall be not less than four inches thick and shall be securely fastened together with heavy wires and staples. Pedestrian crossings shall consist of planking three inches thick, 12 inches wide and of adequate length, together with necessary blocking. The walk shall be not less than three feet in width and shall be provided with a railing as required by applicable regulations.
[Ord. #1249]
The permittee shall not interfere with any existing utility without the written consent of Public Works and/or the utility company or person owning the utility. If it becomes necessary to remove an existing utility this shall be done by its owner. No utility owned by the Borough shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across said work. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee, and his or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility and its bond shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.
[Ord. #1249]
The permittee shall at all times and at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain a license from the owner of such private property for such purpose. The permittee shall at its own expense shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure to properly protect and carry out said work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this section. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove even temporarily any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner, or in the case of public property the appropriate Borough department or Borough official having control of such property.
[Ord. #1249]
Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over said excavation on the line of the sidewalk, which bridge shall be at least three feet wide and securely railed on each side so that foot passengers can pass over safely at all times.
[Ord. #1249]
a.
The permittee shall erect and maintain approaching and throughout the site of the excavation work such signs, lights, barricades and other protective devices as are required. In the absence of specific written direction by Public Works or the Police Department, all signs shall be provided as required by the "Manual on Uniform Traffic Control Devices," as published by the United States Department of Transportation.
b.
Should Public Works or the Police Department at any time determine that the permittee has failed to provide all required signs and protective devices in accordance with the directions of Public Works or the Police Department and/or the requirements of the previously mentioned "Manual on Uniform Traffic Control Devices." The Borough may order the work stopped and suspend the permit and/or may provide and erect or cause the provision and erection of such required signs, barricades and traffic control devices and the cost thereof may be deducted from the cash repair deposit provided by the applicant, or may be billed directly to the applicant by the Borough. If such billing is made and not paid by the applicant within 15 working days after such billing, the amount may be deemed due and recoverable from the applicant's cash deposit or surety.
The Borough shall normally provide the applicant with 24 hours' notice of its intention to provide any such required signs, barricades and traffic control devices and its intention to bill the applicant the cost thereof, to deduct the cost thereof from the applicant's cash repair deposit, or to recover the cost thereof from the applicant's surety, except, that in case of immediate emergency or hazard to the public health or safety, the Borough may cause the provision and erection of such devices without notice.
The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the street or sidewalks, and such protective barriers removed. At twilight there shall be placed upon such place of excavation and upon any excavated materials or structures or other obstructions to streets suitable and sufficient lights which shall be kept burning through the night during the maintenance of such obstructions. It shall be unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public.
[Ord. #1249]
It shall be unlawful for the permittee to cause or permit to remain unguarded at the place of excavation or opening any machinery, equipment or other device having the characteristics of any attractive nuisance likely to attract children and hazardous to their safety or health.
[Ord. #1249]
All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, Public Works shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and to make all necessary arrangements for all required storage and disposal sites.
[Ord. #1249]
All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repair shall conform with the requirements of any applicable code or section. If upon being ordered the permittee fails to furnish the necessary labor and materials for such repair, Public Works shall have the authority to cause said necessary labor and materials to be furnished by the Borough and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its bond therefor.
[Ord. #1249]
Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the excavation permit and it shall be the permittee's responsibility to confine excavation work within these limits.
[Ord. #1249]
a.
As the excavation work progresses all streets and private properties shall be thoroughly cleansed of all rubbish, excess earth, rock and other debris resulting from such work. All clean-up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of Public Works.
b.
From time to time as required and/or as may be ordered by Public Works and in any event immediately after completion of said work, the permittee shall at his or its own expense clean up and remove all refuse and unused materials of any kind resulting from said work and upon failure to do so within 24 hours after having been notified to do so by Public Works, said work may be done by the Borough and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.
[Ord. #1249]
The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the excavation work and shall replace the same in as good condition as it found them or shall make such provisions for them as Public Works may direct. The permittee shall not obstruct the gutter of any street but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provisions to take care of all surplus water, muck, silt, slickings or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide.
[Ord. #1249]
Prior to excavation, all trench openings shall be neatly saw cut.
Whenever it is necessary to break through existing pavement for excavation purposes the base pavement shall be removed to at least six inches beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement, and a six inch shoulder of undisturbed material shall be provided on each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used so as to permit complete breakage of concrete pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line prior to removal. No pile driver or mechanical hammer may be used in breaking up the pavement.
[Ord. #1249]
Tunnels under pavement shall not be permitted except by permission of Public Works and if permitted shall be adequately supported by timbering and backfilling. Detailed plans for the construction and removal/restoration at all such tunnels shall be submitted and approved by the Department of Public Works prior to construction.
[Ord. #1249]
Backfilling in any street opened or excavated pursuant to an excavation permit issued hereunder shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compaction shall be done by mechanical means such as tamping, vibrating or tolling as required by the soil in question and sound construction practice generally recognized in the construction industry.
[Ord. #1249]
All backfilling of excavation in or within 10 feet of any pavement or shoulder area shall be done in thin layers. Each layer is to be tamped by manual or mechanical means. Layers that are hand tamped shall not exceed three inches in thickness; layers that are power tamped shall not exceed six inches in thickness. This same requirement shall apply in all areas not within or, within five feet of, any pavements or shoulder areas except that the backfilling in thin layers shall only be required up to the first 18 inches above the top of any installed pipes or conduits, and the remaining portion of the backfill may be placed in a manner acceptable to Public Works so as to provide a density comparable to that existing in the undisturbed ground adjacent to the excavation.
[Ord. #1249]
Whenever any excavation for the laying of pipe is made through rock, the pipe shall be laid six inches above the rock bottom of the trench and the space under, around and six inches above the pipe shall be backfilled with clean sand, noncorrosive soil or 1/4 inch minus gravel. Broken pavement, large stones, and debris shall not be used in the backfill. Where in the opinion of Public Works, excavated material is unsuitable for use as backfill, the contractor shall supply other pervious material to be used for backfill.
[Ord. #1249]
Backfilling shall be completed by placing the backfill material well up over the top of the trench. For dry backfilling, the material shall be compacted with a roller of an approved type until the surface is unyielding. The surface shall then be graded as required.
[Ord. #1249; amended 9-16-2020 by Ord. No. 1663]
The permittee shall restore the surface of all streets, broken into or damaged as a result of the excavation work, to its original condition in accordance with the specification of Public Works.
Once the excavation work area has been properly saw cut and the backfill properly compacted, the permittee shall install no less than six inches of bituminous stabilized base course, Mix No. I-2, to the surface of the excavation. Pavement shall be removed a minimum of six inches on each side of the excavation to expose undisturbed subgrade. Excavations less than two feet from the curb line will require removal of the existing pavement from excavation to the curb line.
All excavations shall be allowed to settle for no less than 90 days and no more than 180 days. During this time period the permittee shall be responsible for maintaining the surface of the excavation.
Pavement surface restorations shall be as follows:
a.
For existing street improvements the permittee shall remove the bituminous stabilized base repair to a depth of 1 1/2 inches below the surface of the existing street. Milling of excavations in existing street improvements may be required on a case by case basis as determined by Public Works. Milling limits shall be in accordance with paragraph d.
b.
For new street improvements the permittee will be required to mill all excavation work to the limits determined by Public Works. Public Works may waive this requirement for a minor individual opening.
c.
For cement concrete streets with a bituminous overlay milling will be required to the full depth of the overlay to the limits determined by Public Works.
d.
Milling of all street improvements shall conform to the following standards:
1.
For all excavations in new street improvements, Public Works, at their discretion, may require half width or full width milling on all excavations as deemed appropriate.
2.
The minimum width of milling shall be six feet three inches. Milling shall extend a minimum of six inches for existing streets and 18 inches for new streets on all sides of the excavation work.
3.
All milling shall extend to the curb or edge of pavement.
4.
All milling within three feet of the centerline of the street shall extend to the centerline.
5.
For excavations which disturb 30% or more of the width of the street surface, milling shall extend from the curb or edge of pavement to the centerline of the street.
6.
For excavations along the centerline of the street for more than 50 linear feet will require full width milling of the street surface.
7.
Edges of milling will generally be perpendicular and parallel to the curbline or edge of pavement and the centerline of the roadway.
8.
Public Works has the discretion to extend, modify or revise milling limits to accommodate existing pavement and drainage condition.
9.
All milled areas shall be treated with a tack coat and paved with a minimum of 1 1/2 inches of Bituminous Concrete Surface Course (Mix I-5).
e.
The minimum permitted permanent repairs shall be, or in the opinion of Public Works, be equivalent to:
1.
In streets constructed with cement concrete-replacement of an equivalent concrete pavement
2.
In streets constructed with bituminous concrete — construction of a hot-mixed bituminous stabilized base (Mix No. I-2), six inches thick and a hot-mixed bituminous concrete surface course (Mix No. I-5), 1 1/2 inches thick. All pavement edges to be cut and neatly matched — no overlaying existing pavements will be permitted;
3.
In streets constructed of cement concrete with a bituminous concrete overlay — replacement of equivalent concrete and bituminous pavement. Bituminous concrete will be Hot Mix Bituminous concrete surface course (Mix No. I-5), thickness to match existing and hot-mix bituminous stabilized base (Mix No. I-2), thickness to match existing. Replacement of the cement concrete with bituminous concrete is not permitted;
4.
In streets of lesser construction - as approved by Public Works at time of issuance of permit;
5.
If the particular existing street pavements exceed these criteria, higher type repairs may be required.
All material and workmanship to be in accordance with the NJ DOT Standard specifications.
The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the permanent replacement pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be tamped into place and this fill shall be topped with a minimum of at least two inches of bituminous concrete (Mix No. I-5) which is suitable to maintain the opening in good condition until permanent restoration can be made. During the winter months, cold patch may be substituted with the approval of Public Works. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restorations in safe traveling condition until such time as permanent restorations are made. The asphalt which is used shall be in accordance with the specifications of Public Works. If in the judgment of Public Works it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions, they may direct the permittee to lay a temporary pavement or steel plate or other suitable material over such cut or excavation to remain until such time as the repair of the original pavement may be properly made.
Permanent restoration of the street shall be made by the permittee in strict accordance with the specifications prescribed by Public Works to restore the street to its original and proper condition, or as near as may be.
Acceptance or approval of any excavation work by Public Works shall not prevent the Borough from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within 24 months from the completion of the excavation work. Public Works' presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.
In the case of utility work undertaken by a public or private utility (except for a municipal utility of the Borough), which work involves placing of new or replacing or repairing existing utility infrastructure, including but not limited to gas lines, water lines, electrical lines, and sewer lines or any disturbance of the roadway surface where the area to be trenched is greater than 50 linear feet, or where multiple small openings in the pavement are made within a fifty-linear-foot, or greater, length of a roadway, upon completion or within a reasonable amount of time as determined by the Borough Engineer, the permittee shall mill and repave the entire pavement surface from edge to edge or curb to curb for the full length of the excavation, in accordance with the specifications of the Director or the Department of Public Works. Further, should any proposed construction result in an undisturbed section of roadway between two disturbed segments, or between one disturbed segment and an intersecting roadway, and such undisturbed section is 100 linear feet or less in length, said undisturbed section will still require full restoration, edge to edge, in accordance with Borough roadway restoration specifications.
[Ord. #1249]
If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit, or shall fail to adhere to other requirements of this section, the Borough shall have the right to do all work necessary to restore the street, eliminate violations and to complete the excavation work. The permittee shall be liable for the actual cost thereof and 25% of such cost in addition for general overhead and administrative expenses. The Borough shall have a cause of action for all fees, expenses and amount paid out and due it for such work and shall apply in payment of the amount due it any funds of the permittee deposited as herein provided and the Borough shall also enforce its rights under any surety bond provided, pursuant to this section. The Borough will normally give the permittee 24 hours' notice of its intent to act, under the terms of this section, to eliminate violations of this section or to restore the surface, except that in the case of immediate danger to public health or safety, certified to by the appropriate officials, no such notice will be provided.
It shall be the duty of the permittee to guarantee and maintain the site of the excavation work for one year after restoring it to its original condition.
[Ord. #1249]
Except by special permission from Public Works, no trench shall be excavated more than 250 feet in advance of pipe laying nor left unfilled more than 250 feet where pipe has been laid, the length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available at the site ready to be put in place. Trenches shall be braced and sheathed according to generally accepted safety standards for construction work. Except with the written permission of Public Works, no timber bracing, lagging, sheathing or other lumber shall be left in any trench.
[Ord. #1249]
The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practical and in any event not later than the date specified in the excavation permit therefor.
[Ord. #1249]
If in its judgment, traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, Public Works shall have full power to order, at the time the permit is granted or subsequent thereto, that labor and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible.
[Ord. #1249]
In the event of any emergency in which a sewer, main, conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the Department of Public Works office is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder.
[Ord. #1249]
Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris and during the hours of 10:00 p.m. and 7:00 a.m. shall not use, except with the express written permission of Public Works or in case of any emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.
[Ord. #1249]
Whenever the Borough Council enacts any ordinance or resolution providing for the paving or repaving of any street, the Borough Administrator shall promptly mail a written notice thereof to each person owning any sewer, main, conduit or other utility in or under said street or any real property whether improved or unimproved abutting said street. Such notice shall notify such persons that no excavation permit shall be issued for openings, cuts, or excavations in said street for a period of five years after the date of enactment of such ordinance or resolution. Such notice shall also notify such persons that applications for excavation permits, for work to be done prior to such paving or repaving, shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than 45 days from the date of enactment of such ordinance or resolution. The Administrator shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structures abutting said street for their information and to State agencies and departments or other persons that may desire to perform excavation work in said street.
Within said 45 days every public utility company receiving notice as prescribed herein shall perform such excavation work subject to the provisions of this section, as may be necessary to install or repair sewers, mains, conduits or other utility installations. In the event any owner of real property abutting said street shall fail within 45 days to perform such excavation work as may be required to install or repair utility service lines, any and all rights of such owner or his successors in interest to make openings, cuts or excavations in said street shall be forfeited for a period of five years from the date of enactment of said ordinance or resolution. During said five year period no excavation permit shall be issued to open, cut or excavate in said street unless in the judgment of Public Works, an emergency as described in this section exists which makes it absolutely essential that the excavation permit be used.
Every Borough department or official charged with responsibility for any work that may necessitate any opening, cut or excavation in said street is directed to take appropriate measures to perform such excavation work within said forty-five-day period as to avoid the necessity for making any openings, cuts or excavations in the new pavement in said Borough street during said five-year period.
[Ord. #1249]
The permittee shall not disturb any surface monuments or hubs found on the line of excavation work until ordered to do so by Public Works.
[Ord. #1249]
The Department of Public Works or its designated representative shall make such inspections as are reasonably necessary in the enforcement of this section. The cost of such inspections will be borne by the Borough, and the monies obtained from the street excavation permit fee shall be used to wholly or partially defray these and other administrative costs associated with the enforcement of this section. Public Works shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this section and may delegate responsibilities hereunder to subordinates and/or request the advice and assistance of the Borough Engineer, other agencies, or employees of the Borough as necessary.
[Ord. #1249]
Users of subsurface street space shall maintain accurate drawings, plans, and profiles showing the location and character of all underground structures including abandoned installations. Corrected maps, two copies, shall be filed with Public Works within 60 days after new installations, changes or replacements are made.
[Ord. #1249]
The provisions of this section shall not be applicable to any excavation work under the direction of competent Borough Officials by employees of the Borough or by contractor of the Borough or agency or department of the Borough performing work for and in behalf of the Borough necessitating openings of excavations in streets nor shall the provisions entitled Surety Bonds (subsection 15-1.7) and Excavation Permits; Waiver (subsection 15-1.5) apply to any excavation work performed adjacent to or within public rights-of-way by subdividers or site developers in accordance with approved subdivision or site plans, provided such subdividers or site developers have posted cash guarantees and surety in accordance with the applicable section requirements.
[Ord. #1249]
The permittee and/or contractor shall procure and maintain at his own expense, until acceptance by the Borough, insurance for liability for damages imposed by law and assumed under the section, of the kinds and in the amounts hereinafter provided, in insurance companies authorized to do business in the State. Before commencing the work, the permittee and/or contractor shall furnish to the Borough a certificate or certificates of insurance together with declaration pages in form satisfactory to the Borough showing that he has complied with this section. The certificate or certificates and declaration pages shall provide that the policies shall not be changed or cancelled until 30 days' notice has been given to the Borough. All certificates and notices of cancellation or change shall be mailed to the Municipal Clerk, Borough of Keansburg, 29 Church Street, Keansburg, NJ, 07734. Upon request, the permittee and/or contractor shall furnish the Borough with a certified copy of each policy itself, including the provisions establishing premiums.
The Borough Council may require in cases where the character or nature of the proposed excavation work are such as to present an unusual hazard, or higher than normal risk of damage or injury, increased amounts of liability and property damage insurance. Any permits which occasion such increased hazard or liability shall be referred, by Public Works, for the consideration of the Borough Council prior to the issuance of a permit. If no special provisions are required, the types and minimum limits of insurance are as follows:
a.
Comprehensive General Liability Insurance. The minimum limits of liability for this insurance shall be as follows:
Bodily Injury/Property Damage Liability
Each person | Aggregate |
|---|---|
$1,000,000 | $1,000,000 |
The above required Comprehensive General Liability Insurance shall name the Borough, its officers and employees, as additional named insureds. |
The coverage to be provided under this policy shall be at least as broad as the standard, basic unamended and unendorsed comprehensive general liability policy. Moreover, such policy shall be endorsed so as to delete any exclusions applying to property damage liability arising from underground property damage hazards relating to explosions, damage to underground utilities and collapse hazards. |
The insurance policy shall be endorsed to include broad form general liability, contractual liability and completed operations coverage. |
b.
Comprehensive Automobile Liability Insurance. The Comprehensive Automobile Liability policy shall cover owned, nonowned and hired vehicles with minimum limits as follows:
Bodily Injury/Property Damage Liability
Each person | Aggregate |
|---|---|
$1,000,000 | $1,000,000 |
c.
Workers Compensation and Employers' Liability Insurance. Workers Compensation Insurance shall be provided in accordance with the requirements of the laws of this State and shall include an all states endorsement to extend coverage to any state which may be interpreted to have legal jurisdiction.
[Ord. #1249]
The certificate of insurance furnished by the permittee and/or contractor shall state specifically that the indemnification required by this section is provided by the policy(s). All of the permittee and/or contractor's insurance coverage shall contain a clause providing the following indemnification:
"To the fullest extent permitted by law, the permittee and/or contractor shall indemnify and hold harmless the Borough, its agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any act or omission of the permittee and/or contractor, any subcontractor, anyone directly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder."
"In any and all claims against the Borough, its agents or employees by any employee of the permittee and/or contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under the first paragraph of this section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the permittee and/or contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts."
[Ord. #1249]
This section shall not be construed as imposing upon the Borough or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder, nor shall the Borough or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work.
[Ord. #1249]
Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in the amount not exceeding $1,000 or be imprisoned in the County Jail for a period not exceeding 90 days or be both so fined and imprisoned. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder.
[Ord. #518, §§ 1, 4]
a.
General. No person shall construct or repair any sidewalk, curb, and driveway without first obtaining a written permit from the Borough Clerk.
b.
Grade Changes; Curb Lowering. No person shall lower the curb and change the grade of a sidewalk for the purpose of providing a driveway across such sidewalk, without first obtaining a permit from the Borough Clerk.
[Ord. #518, § 2]
Applications shall be obtained from the Borough Clerk and filed in triplicate. The application shall contain a clear and definite description of the location of the work, together with a sketch showing the proposed sidewalk, curb and/or driveway and shall be accompanied by an application fee of $2 plus the inspection fee required under subsection 15-2.7.
[Ord. #518, § 3; Ord. #1411, § 1]
a.
New Buildings. No person shall hereafter erect any dwelling, business or industrial or any other building in the Borough without constructing in connection therewith a sidewalk, curb and driveway in the street fronting the building lot, in accordance with the provisions of this section.
b.
Existing Construction. No person shall sell or transfer title to any property without first upgrading all sidewalks, curbs, aprons, driveways and parking areas in compliance with the specifications listed in this Chapter. The Superintendent of Public Works or his designee shall determine the scope of repairs and/or replacement required for compliance.
c.
Inspection and Escrow Fees Required. Applicants for a permit shall be subject to the requirements of subsection 22-3.14n of the Revised General Ordinances of the Borough of Keansburg in order to repair or replace any damaged or substandard sidewalk, curb, apron, driveway and walkways as specified by the requirements of this Chapter.
[Ord. #518, § 6; Ord. #708; Ord. #1411, § 1]
Specifications for the construction or repair of sidewalks, curbs and driveways shall be as follows:
a.
Sidewalks: 2,500 pound concrete minimum shall be used; four-inch thick minimum with a minimum width of four feet wide; the concrete shall be screened followed by wood float finish; 1/2 inch expansion joints shall be placed at 20 feet intervals; exposed edges shall be rounded to a radius of 1/2 inch.
b.
Curbs: 2,500 pound concrete shall be used; curbs shall be 18 inches deep and measure six inches at the top and eight inches at the base. The Borough reserves the right to determine if a monolithic construction form is required to replace existing or new sidewalks and/or curbs and determine the depth and width at the curbline.
c.
Driveways: 2,500 pound concrete shall be used; six inches thick and shall extend from the back of the curb where it shall be a minimum of 16 feet to the property line or back of sidewalk where it shall be a minimum of 10 feet. Driveway openings shall be a minimum of eight feet and a maximum of 20 feet except where otherwise ordered after hearing by Borough Council.
No person shall construct a driveway without first completing a development application and approved by the Borough Zoning Officer or his designee. A minimum distance of three feet is required from the property line to allow for the construction of a new driveway. All driveways must have a concrete apron which shall be a minimum of six inches thick and a depressed concrete curb as per specifications of this Chapter. Driveways which are for parking must be graded and an impervious cover installed to prevent disturbance of the grade. Said impervious cover must be constructed of concrete, asphalt or pavers installed to specifications of this Chapter. Asphalt driveways must be graded consisting of four inches of compacted stabilized base and two inches of asphalt top rolled to allow all stormwater to the curbline. Driveways must be a minimum of 18 feet deep from the rear of the apron into the property.
d.
Nonapplicability. This section shall not apply at discretion of Mayor and Council of the Borough when the right-of-way width is less than 33 feet, providing, however, that the application to the Mayor and Council shall be accompanied by an application fee in the amount of $50, representing the engineering and/or legal services required to accomplish this purpose.
[Ord. #518, § 5]
All sidewalks, curbs and driveways shall be built to lines and grades first approved by the Borough Engineer.
[Ord. #518, § 8]
No certificate of occupancy shall be granted by the Building Inspector unless and until the premises shall be completed and sidewalks, curbs and driveways as provided herein have been completed, inspected and approved as to locations, grade, materials and workmanship, by the Borough Engineer.
[Ord. #518, § 7; Ord. #1384, § 1; Ord. #1577]
The fee payable by the applicant to the Borough Construction Office for the services of the Borough Engineer for checking the line and grade and the inspection of the completed work shall be $0.20 per lineal foot of sidewalk, curb or driveway, with a minimum charge of $73.
[Ord. #518, § 9]
The owner or occupant of premises abutting any sidewalk, curb and driveway, shall maintain the sidewalk, curb or driveway at all times in a good and passable condition at a grade which will prevent water accumulating thereon, and shall replace any portion thereof which becomes broken, and shall maintain the same so the joints thereof are even.
[Ord. #518, § 10]
In case any sidewalk, curb and driveway becomes out of repair, the owner or occupant of the lands abutting such sidewalk, curb and driveway shall forthwith upon receipt of written notice from the Borough Manager repair or cause the same to be repaired and made in a good and passable condition, and conform with the requirements of this section.
[Ord. #518, § 12]
No person shall cause any injury or damage to any sidewalk, curb and driveway, without causing the same to be repaired forthwith.
[Ord. #1436]
a.
No person(s) shall construct a driveway, apron or depressed curb or use any portion of any property as a driveway or as a parking area without first completing a development permit application and obtaining approval by the Zoning Officer of the Borough of Keansburg or his designee. A separate construction permit shall then be obtained by the property owner.
b.
No person shall ride, drive, pass over or mount any curb except a legal depressed curb for the purpose of parking a vehicle on any portion of any property that is not legally defined as a driveway or parking area.
c.
Driveways and parking areas must conform to the specification size of a minimum width of nine feet and a minimum length of 18 feet. The apron and depressed curb are not to be considered as part of the driveway unless approved by the Planning Board.
[Amended 5-18-1999 by Ord. No. 1258 ]
d.
Vehicles shall not be parked on any front lawn without site approval from the Planning Board. Vehicles shall not be parked on any front lawn so as to block access to any entrance to a structure.
[Amended 5-18-1999 by Ord. No. 1258 ]
e.
No existing driveway(s) providing off-street parking shall be eliminated without approval from the Planning Board.
[Amended 5-18-1999 by Ord. No. 1258 ]
f.
Upon receipt of a permit for concrete and/or asphalt it is mandatory that the permit holder have a consultation with the Concrete Inspector or his designee to insure that specifications for construction are in compliance with the Code of the Borough of Keansburg.
g.
The Concrete Inspector, or his designee, shall determine if the roadway at any new curb installation is to be replaced and shall furnish dimensions of the new installation.
[Ord. #518, §§ 11, 13]
a.
No person shall ride, drive or pass over or along any sidewalk with horses, automobiles, motor trucks, motorcycles or bicycles; provided this subsection shall not prevent the use of driveways or the crossing of a sidewalk at right angles for the purpose of entering upon property. In all such cases the curb, sidewalk and driveway shall be protected against injury or damage.
b.
No person shall ride any bicycle, tricycle, velocipede or similar machine upon the sidewalks within the Borough limits.
[Ord. #922, § 6]
This section is adopted pursuant to the authority conferred by N.J.S.A. 40:65-12.
[Ord. #922, §§ 1-2]
a.
The owner, occupant or tenant of a premises abutting or bordering upon any street in the Borough is primarily obligated and shall remove all snow and ice from the abutting sidewalks of such streets and from any fire hydrant located on the property, or in the case of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand or ashes, within 12 hours of daylight after the same shall fall or be formed thereon.
b.
In case the building is occupied by more than one family or business unit, but less than six families or business units, then the tenant(s) or occupant(s) of the first floor or story thereof, in addition to the owner, is also secondarily obligated to remove all snow and ice from such portion of the sidewalk and from any fire hydrant located on the property, or in the case of ice which is impracticable to remove, cover the same with sand or ashes, within 12 hours of daylight after the same shall be formed or fall thereon.
[Ord. #922, § 3]
No person, of any premises abutting on any street, shall throw, place or deposit any snow or ice into or upon any street in the Borough, it being the intent or purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice, which accumulated within the private property belonging to the person, upon the sidewalks or streets of the Borough.
[Ord. #922, § 4]
In case snow or ice shall not be removed from sidewalks or fire hydrants as set forth in subsection 15-4.2 or shall be cast, deposited or placed upon the sidewalks or streets by the owner, tenant or occupant of any of the premises as provided in subsection 15-4.3, the same may be removed under the direction of the Borough Superintendent of Public Works and the cost of such removal, as nearly as can be ascertained shall be certified by the Superintendent to the Borough Manager. The Borough Manager shall examine such certification and, if found to be accurate, shall then advise the Borough Council which shall cause the cost to be charged against such real estate abutting or bordering upon such sidewalks or streets, and the amount charged shall become a lien and a tax upon the real estate or land and be added to, recorded and collected in the same way and manner as the taxes next to be levied an assessed upon the premises and shall bear interest and shall be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine imposed by the provisions of this section shall not constitute any bar to the right of the Borough to collect the cost as certified for the removal of the snow or ice in the manner herein authorized.
[Ord. #922, § 7]
This section shall be considered as coextensive with the Borough's Property Maintenance Code and its amendments, it being clearly understood that any inconsistency shall be resolved in favor of the more restrictive or more stringent requirement. Any inconsistency shall be resolved solely by the Construction Official or the Building Subcode Official.
[Ord. #546, §§ 1-3]
a.
Required; Specifications. The owner or tenant or lands lying within the Borough is hereby required to keep all brush, hedges and other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than 2 1/2 feet where it shall be necessary and expedient for the preservation of the public safety, within 10 days after notice to cut the same.
b.
Notice to Cut. The notice provided for in this subsection shall be in writing. It shall be given to the owner or tenant by the Borough Manager, or, where a roadway maintained by the County of Monmouth is involved, by the Board of Chosen Freeholders or its duly designated agent. Notice shall either be delivered to the owner or tenant in person or by mailing the same to the owner or tenant. If notice is given by mailing, it shall be mailed certified mail, return receipt requested, to the last known address of the owner or tenant. In the event there shall be no owner or tenant on the properly or no known owner thereof, or the address of the owner is not known, sufficient notice shall be deemed to have been given under this section by the posting of the notice on the lands affected.
c.
Refuse or Neglect to Cut. In the event such owner or tenant shall have refused or neglected to cut the same in the manner and within the time provided above, then the cutting in the manner provided above shall be made by or under the direction of the Borough Manager, or where a roadway maintained by the County of Monmouth is involved, by or under the direction of the Board of Chosen Freeholders.
d.
Abatement; Costs To Be Lien on Property. In all cases where brush, hedges and other plant life are cut from any lands within the limitations of subsection 15-5.1 and under the terms of this section by or under the direction of the Borough Manager, he shall certify the cost thereof to the Municipal Council which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against the lands, or in the event such cost is excessive to cause the reasonable cost thereof to be charged against the lands. The amount so charged shall forthwith 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 officers and in the same manner as taxes. The provisions of this section are expressly made in addition to any penalties provided in Chapter 1, Section 1-5.
[Ord. #877, §§ 1-7]
a. WEEDS
Definition. As used in this section:
Shall mean untended or uncultivated grasses, bushes, deleterious or unhealthful vegetation or other noxious growing matter in excess of 12 inches in height, except trees, lawns, ornamental shrubbery, flowers or vegetables properly tended, pastureland, woodland or land under cultivation.
b.
Weeds on Property and Abutting Sidewalks Prohibited. No owner or person in control of any lot, place or area within the town, or any agent of such owner or person, shall permit on such lot, place or area, or upon any sidewalk abutting the same, any weeds or deleterious, unhealthful growth or other noxious matter that may be growing, lying or located thereon.
c.
Notice to Remove. The Code Enforcement Officer is authorized to notify, in writing, the owner or person in control of any lot, place or area within the town, or the agent of the owner or the person, to cut, destroy and remove any weeds found growing, lying or located on such owner's or person's property or upon the sidewalk abutting the same. Such notice shall be certified mail addressed to the owner or person in control or the agent of the owner or person, at his last known address.
d.
Notice Deemed Continuing for Remainder of Year. The owner or person in control, or the agent of the owner or person, of any lot, place or area, having in any calendar year received notice pursuant to number three, shall be deemed to have notice for the remainder of the year that the Borough may without further notice, cut, destroy and remove all weeds growing, lying, or located on such owner's or person's property or upon the sidewalk abutting the same, and that the cost of such removal shall be charged and collected in accordance with the provisions of this Chapter.
e.
Failure or Refusal to Remove. Upon the failure, neglect or refusal of any owner or person in control or his agent to cut, destroy and remove any weeds growing, lying or located on such owner's property or upon the sidewalk abutting the same within five days after the receipt of written notice or within 10 days of the mailing of such notice in the event that the notice is returned to the Borough due to inability to make delivery thereof, the Borough is authorized to remove or to pay for the cutting, destroying and removal of such weeds.
f.
Unpaid Charges to Constitute Lien on Property. If the full amount due the Borough is not paid by the owner or person in control within 30 days after the cutting, destroying and removing of weeds, the Code Enforcement Officer shall cause to be recorded in the Office of the Finance Department the cost and expense incurred for the work, the date and the place or property on which the work was done. The amount of the charges shall constitute a lien on the property and shall remain in full force and effect for the amount due and shall be collectible through civil action.
g.
Issuance of Summons. The Code Enforcement Officer, or any other individual authorized to issue summonses may cause a violation to be issued by summonses returnable in the Municipal Court of the Borough.
[Ord. #245, § 1]
No person shall display, place or permit any merchandise, goods or personal property, of any kind, on or within the sidewalk lines of any sidewalk in the Borough for any space beyond three feet from the store or building facing on the sidewalk.
[Ord. #245, § 2]
Any merchandise, goods or other personal property displayed or placed on any sidewalk within the space of three feet from the building, shall be so located as not to obstruct public travel along the sidewalk, and shall not in any manner be a hindrance or menace to the public traveling along the sidewalk.
[Ord. #706, § 2]
The collection and removal of ashes, garbage, rubbish and other refuse matter shall be done in accordance with the provisions of this section, and shall be subject to the general supervision of the Borough Manager and shall be subject to such additional rules and regulations as the Borough Manager may prescribe by resolution not inconsistent with the terms of this section.
[Ord. #706, § 17]
In the interpretation and application of the provisions of this section, such provisions shall be minimum standards, adopted for promoting the health, safety, and general welfare of the Borough.
[Ord. #706, §§ 1, 7]
As used in this section:
Shall mean cinders, partly burned fuel, and the residue from the combustion of wood, coal or any other fuel ordinarily burned for household domestic or heating purposes, as well as such floor sweepings as may accumulate in connection with the ordinary use of dwellings and stores.
Shall mean the person having a contractor agreement with the Borough for the collection or removal of garbage, and shall refer also to each of his agents, servants, and employees.
Shall mean any device constructed of steel for the collection of garbage, refuse, ashes or paper stored on premises and dumped or collected by mechanical or manual means.
Shall mean any waste material in the process of or subject to decomposition or decay incident to ordinary domestic or business use or purpose, and shall include among other things, kitchen refuse, animal or vegetable matter, offal and decaying and decomposing substances.
Shall mean the owner, agent, tenant, lessee, caretaker, or any other person in charge of any of the premises affected by this section, whichever classification may be appropriate and effective for the enforcement of this section.
Shall mean newspaper, periodicals, cardboard and all other waste paper.
Shall mean a person having a contract agreement with any other person in the Borough for the collection or removal of the person's refuse or trade waste, and shall refer also to each of the private collector's agents, servants and employees.
Shall mean all of the accumulation and waste substances from private houses and premises, boarding houses, stores, other buildings of whatever nature and public places, and shall include particularly such articles as ashes, discarded clothing, paper cartons, wooden boxes, crates, baskets, paper and paper materials, tin cans, rags, corn husks, grass, lawn and yard rakings, hedge and plant trimmings, provided such trimmings are tied in bundles or placed in containers as hereinafter set forth, floor covering from residences, broken glass, bottles, discarded Christmas trees, crockery, metal beds and bed springs, metal leaders and gutters when removed for replacement, discarded household receptacles and utensils, toys, and such other household equipment as may be discarded from a private residence, and such articles and things as are daily discarded from a private residence, and such articles and objects as are daily thrown into waste baskets and garbage containers, but shall not include building materials and other refuse from any new building, nor the refuse from any old building which is torn down in whole or in part, trade waste from manufacturing, plants, trees, tree branches, tree stumps, waste from excavation, dead animals of any size or weight from places making a business or treating, handling, and disposing of animals, decayed vegetables, fruit products and others from business places selling or handling products.
Shall mean an accepted public street, curb, sidewalk or alley.
Shall mean all material resulting from the prosecution of any business, trade, or industry, and shall include paper, rags, leather, rubber, cartons, boxes, wood, excelsior, sawdust, garbage and other combustible solids, except manure and animal by-products and not considered by the Borough Sanitarian to be of a highly volatile or explosive nature, metals, metal shavings, plastic materials, tin cans, wire, cinders, earth and other materials, but not the waste resulting from building construction or alteration work.
Shall mean all or any garbage, rubbish, refuse, paper, wastes from building construction or alteration work or cellar or yard dirt, and trade waste.
[Ord. #706, § 3; Ord. #943]
It shall not be lawful for any person, except the Borough contractor, or any licensed private collector as set forth in subsection 15-7.5, to collect, pick up, rake up or in any way disturb the paper, garbage, or other waste material of whatsoever nature deposited in any receptacle or laid or placed on any street or public place, except that the Borough may use its own vehicles for the purposes when and where necessary. No person shall collect, haul, treat or dispose of garbage, rubbish or refuse within the Borough unless that person possesses a valid license for the performance of those respective functions issued by the Bureau of Solid Waste in the Department of Environmental Protection of the State of New Jersey.
[Ord. #706, § 7]
a.
Applications; Licenses; Fees. Any person, other than the contractor, who desires to engage in the collection and removal of ashes, garbage, rubbish and other refuse matter within the Borough shall be known as a private collector and shall apply to the Board of Health for a license to perform such services. The application shall be made for a period commencing July 1 and ending the following June 30, or any part thereof. No such license shall be granted to an applicant until and unless the applicant shall have satisfied the Board of Health of the sufficiency and sanitation of the equipment and vehicles to be used in the private collection and disposal of such refuse matter. In addition, an applicant shall pay an annual license fee of $25 for each vehicle to be so operated in the Borough.
[Ord. #706, § 5]
a.
The contractor or a licensed private collector shall see to it that his employees, agents, and collectors shall deport themselves in a quiet, decent and law-abiding manner and apply themselves diligently to the performance of the necessary work, and shall refrain from neglect or insolence, or any improper conduct, and the contractor or licensed private collector shall discharge any employee, agent or collector failing in these requirements.
b.
All waste material collected as hereinafter required shall be disposed of the same day. Under no circumstances shall any waste material collected be permitted to stand or remain in any vehicle overnight within the Borough, or be transferred from one vehicle to another, except in cases of a breakdown of a vehicle, in which event transfer shall be made in a clean and orderly manner, subject to the direction of the Borough Sanitarian or his representative.
[Ord. #706, § 4]
a.
All vehicles used by Borough contractors and licensed private collectors in the removal of waste material shall be metal enclosed automatic loading type trucks with a tight body. All vehicles used for collection or removal of waste material shall be kept clean and shall be thoroughly washed inside and outside and disinfected once a week. No Borough contractor or licensed private collector shall permit any such vehicle, at any time to become offensive either through odor, appearance, or for any reason.
b.
Every vehicle used by a Borough contractor or licensed private collector for removal or transportation of waste material shall carry at least two shovels and two brooms, and any other equipment which may be necessary for keeping the vehicle clean, and for cleaning the area in which such debris is collected. All vehicles shall be legibly marked with the name and business address of the Borough contractor or licensed private collector.
[Ord. #706, §§ 8-10]
a.
Specifications.
1.
The owner, agent, lessee, tenant or occupant of every dwelling, market, restaurant or other premises in the Borough where paper, garbage, rubbish or refuse shall accumulate, must provide and keep on such premises sufficient and suitable receptacles, or cans with tight-fitting covers for receiving and holding the aforesaid material.
2.
Definitions. As used in this subsection:
(a)
Sufficient shall mean at least one receptacle for each family unit residing on the premises and at least two such receptacles for each restaurant, market, store, or similar establishment where the aforesaid material shall accumulate.
(b)
Suitable shall mean a receptacle or can, made of metal of a substantial nature, such as galvanized iron or suitable plastic, so constructed as to prevent the spilling or leakage of its contents. It shall be waterproof and not more than 20 gallons capacity, and equipped with pull handles.
3.
No other type of receptacle for waste material shall be permitted except as herein set forth.
4.
Receptacles that are badly broken or otherwise fail to meet the requirements of this paragraph may be classed as rubbish and shall be collected as such.
5.
In dwellings and apartment houses containing three dwelling units or less, the receptacle shall be purchased and maintained, in the absence of a contract, by the tenant. In dwellings and apartment houses of more than three dwelling units, the receptacles shall be purchased and maintained, in the absence of a contract by the landlord.
b.
Placing for Collection and Removing. It shall be unlawful for any person to place, or cause to be placed, any receptacle or bundle of refuse material on any portion of the sidewalk or street at any time except on the day of collection; and then not more than 12 hours before the collection time as fixed and published by the Board, nor shall any person allow or permit any empty receptacle to remain upon such sidewalk or street more than eight hours after the contents have been collected, except as herein provided.
c.
Placement. The owner, lessee, tenant, or other occupant of every privately owned building shall, on the scheduled day for collection, place or have placed all waste material for collection at the curbline immediately in front of the privately owned building, except as herein provided. Receptacles shall be stored and kept in such a place so as not to become a nuisance to the occupants of any dwelling and at no time shall they be kept under windows of any such dwelling adjacent hereto.
[Ord. #706, §§ 11, 13, 14]
a.
Placement and Removal. The owner, lessee, tenant or other occupant of every privately owned building shall keep the dumpsters on their privately owned property, at a distance of at least 10 feet from any curbline and in such a place so as not to become a nuisance to the occupants of any dwelling, and in a place accessible from the street by means of a driveway or other opening. If same is not available, the owner, lessee, tenant or other occupant of every privately owned building shall on the scheduled day for collection, place the dumpster for collection into the street nearest the permanent site of the dumpster, and at a point adjacent to the curb. Immediately after collection, the dumpster shall be placed back at its permanent site. At no other time shall a dumpster be permitted to be in or on a street.
b.
Preparation of Waste for Collection.
1.
Garbage shall be thoroughly drained of all water, wrapped securely and placed in the dumpster. Ashes, combustible and noncombustible rubbish and trade waste shall be stored and held in the dumpster, that may be the same dumpster used to contain the wrapped garbage. No bundles or packages to contain the wrapped garbage shall be used when there is a dumpster on the premises.
2.
The dumpster shall be covered at all times and shall not be filled higher than three inches below the top cover.
c.
Maintenance. All dumpsters used in the Borough shall be of steel construction with a tight fitting cover. The dumpsters shall be kept clean and shall be thoroughly washed inside and outside and disinfected once a week. No owner, lessee, tenant or other occupant of any privately owned building where a dumpster is in use shall permit the dumpster at any time to become offensive, either through odor, appearance, or for any reason.
[Ord. #706, § 12]
a.
Garbage shall be thoroughly drained of all water, wrapped securely and placed in the receptacle as described in subsections 15-7.7 and 15-7.8. Ashes, combustibles and non-combustible rubbish and trade waste shall be stored and held in a receptacle, described in subsections 15-7.7 and 15-7.8, that may be the same receptacle used to contain the wrapped garbage. Where rubbish and trade waste are of such nature that they cannot be deposited in a receptacle or can, they shall be securely and properly tied in bundles or packages to prevent any spilling while being handled or while such bundles or packages shall be of a size and weight to permit ease of handling by one man, but shall not exceed 50 pounds in weight.
b.
Papers shall be secured and properly tied into bundles, other packages in a manner to prevent any scattering while being handled by the collectors or while such bundles or packages are located on the curb line awaiting collection. Bundles or packages shall be of a size and weight to permit ease of handling by one man and shall not exceed 50 pounds in weight.
c.
All receptacles and cans used for the purposes herein described shall not be filled higher than three inches below the top and when so filled shall be of such weight not exceeding 50 pounds and which can be easily handled by one man. It is unlawful to use barrels, drums, baskets, and paper or wooden boxes for this purpose.
d.
For the sole purpose of the collection of lawn and yard rakings, hedge and plant trimmings, and grass. Same will be accepted if securely tied in bundles not exceeding 36 inches in length and 24 inches in diameter with a total volume of such hedge and plant trimmings from one owner, lessee, tenant, or other occupant of every building not in excess of 54 cubic feet for any one day's collection.
[Ord. #706, § 6; Ord. #863; Ord. #1086, § 1; Ord. #1104, § 1]
a.
All waste material, rubbish, garbage of any nature shall be removed from all residences, structures, yards, or from any portion of any lots, houses, dwellings, stores, etc. in the Borough at least once per week.
b.
No waste materials, rubbish, garbage or any debris of any nature shall be allowed to accumulate on the streets, curbs, roadways or sidewalks within the Borough, nor shall any empty receptacles, cans or barrels remain thereon, in excess of 12 hours. In the event such materials, rubbish, garbage, debris, receptacles, cans or barrels are allowed to accumulate and/or remain in violation of this subsection of this section, the owner and/or occupant of said premises shall be subject to the penalties contained in subsection 3-3.16 of Section 3-3.
c.
Each owner, tenant or lessee of a premises within the Borough shall be limited to a total of three containers (either metal or plastic cans or plastic bags), which may be placed for collection, except that containers of leaves, brush and branches shall not be included in the computation of the number of containers.
[Ord. #706, § 15]
Every Borough contractor or licensed private collector shall use every precaution to prevent any materials from being spilled in or on the premises, including any portion of the building or in or on the street during the course of collection, and materials so spilled shall be immediately broomed up, and the premises, building, sidewalks, grounds, or streets left in as clean a condition as originally. If any garbage, ashes, rubbish or refuse shall fall from any vehicle or receptacle, either during collection or transportation, such articles shall be immediately gathered and replaced in the vehicle and the place of collection rendered clean.
[Ord. #1213; Ord. #1512]
a.
Disposal of Household Appliances. A fee of $15 is established for the disposal of household appliances within the Borough of Keansburg. This fee shall be per item and conform to the recycling regulations of the Borough.
b.
Disposal of Household Electronics. A fee of $15 is established for the disposal of household electronics within the Borough of Keansburg for curbside pickup service.
There will be no charge for the disposal of household electronics that are taken by the owner directly to the disposal area within the Borough's Public Yard.
This fee shall include recyclable household electronics. This will include computers (desktop or laptop versions), computer components and computer peripherals, intact televisions up to 65 inches, stereos and typewriters.
[1]
Editor's Note: Former Section 15-8, Refuse Collection for Residential Dwellings, previously codified herein and containing portions of Ordinance Nos. 988 and 1041, was repealed in its entirety by Ordinance No. 1104.
[Ord. #838]
By reason of the growing problem of solid waste disposal and its impact on our environment; and conservation of recycling materials have become an important public concern; and there is an increasing necessity to conserve our material resources; and the collection of used newspapers for recycling purposes from residences in the Borough will foster and promote the general public welfare; now therefore be it ordained by the Mayor and Council of the Borough of Keansburg as follows:
[Ord. #838, § 1]
As used in this Chapter:
Shall mean and include paper of the type commonly referred to as newsprint and distributed at stated intervals, usually daily or weekly having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded, however, are all magazines or other periodicals as well as all other paper products of any nature whatsoever.
Shall mean and include all garbage and rubbish placed at the curb by residents of the Borough for regular twice-weekly municipal collection.
[Ord. #838, § 2]
Pursuant to the "Interlocal Service Act," N.J.S.A. 40:8A-1 et seq. the governing body of the Borough is hereby authorized to enter into an agreement, the form of which is annexed hereto and made a part hereof by and among the Borough and various municipalities to be determined.
[Ord. #838, § 3]
For the purpose of administering the provisions of this section there is hereby established a coalition called "The Bayshore Recycling Coalition." The Coalition shall be comprised of one representative from each of the member municipalities, each such representative to be selected for a five-year term by the governing body of the Municipality he represents.
The members appointed by the municipalities shall serve without compensation.
[Ord. #838, § 4]
On and after the date fixed and promulgated by the governing body of the Borough, it shall be mandatory for all persons who are owners, lessees, and occupants of residential dwellings in the Borough to separate newspapers from all other solid waste produced by such residents and to separately bundle newspapers for pick-up, collection and ultimate recycling.
[Ord. #838, § 5]
The newspapers shall be compacted and shall be tied securely in bundles not exceeding 50 pounds in weight with a rope or cord sufficient in strength to facilitate handling. Such bundles shall be placed separately at the curb for collection as provided in the garbage ordinance prior to the collection by the Bayshore Recycling Coalition.
[Ord. #838, § 6]
From the time of its placement at the curb for collection in accordance with the terms hereof, such used newspapers shall be and become the property of the Bayshore Recycling Coalition or its authorizing agent.
[Ord. #838, § 7]
It shall be a violation of this section for any person not authorized by the Bayshore Recycling Coalition or the Borough to collect or pick up or cause to be collected or picked up any such newspapers at the curb as provided by this section.
[Ord. #838, § 8]
This section is in no way intended to prohibit separate newspaper drives by outside charitable organizations on days other than those designated for collection by the Borough.
[Ord. #838, § 9]
The Bayshore Recycling Coalition is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times for the collection of used newspapers in accordance with the terms hereof.
[Ord. #838, § 11]
It shall be the duty of the Police Departments, or any duly designated agent of the respective member municipalities of the Bayshore Recycling Coalition to see to the enforcement of this section to prosecute all violations hereof.
Prior ordinance history: Ordinance Nos. 976, 991.
[Ord. #1495]
Proper management of solid waste is an important matter of public health and safety. The source separation and recovery of certain recyclable materials will serve the public interest by conserving energy and natural resources, and reducing waste disposal expenses. In accordance with the requirements of the New Jersey Mandatory Source Separation and Recycling Act (N.J.S.A. 13:1E-99.11 et seq) and the 2009 Update to the Monmouth County Solid Waste Management Plan, it is therefore necessary to update and amend existing municipal rules and regulations for the separation, storage, collection and recovery of designated recyclable materials.
[Ord. #1495]
a.
It shall be mandatory for all persons who are owners, lessees and occupants of residential property, of business and industrial properties, and of private or public and government institutions and buildings, to separate newspaper, corrugated cardboard, clean mixed paper, aluminum cans, tin and bi-metal cans, glass bottles and jars, and pourable plastic bottles ("designated recyclables"), from all other solid waste produced by such residences and establishments, for the separate collection and ultimate recycling of such materials.
1.
Newspaper shall mean and include paper of the type commonly referred to as newsprint, and includes any inserts which are normally included in the newspaper. Specifically excluded are any pages of the newspaper used for household projects and crafts, such as painting or paper mache projects, or used for cleanup of pet waste.
2.
Corrugated cardboard shall mean layered cardboard including a waffled section between the layers, of the type commonly used to make boxes and cartons. Specifically excluded are waxed cardboard and any cardboard contaminated by direct contact with food, such as pizza boxes.
3.
Clean mixed paper shall mean high grade bond paper, mixed office and school papers, such as stationary, construction paper and writing tablets, including computer printouts, magazines, gift wrapping paper, soft cover books, junk mail and single layer cardboard (chipboard). Specifically excluded are carbon papers, hard cover books (unless cover and binder are removed), paper cups and plates, food wrappers or any other paper contaminated by direct contact with food products, and paper products used for personal hygiene, such as tissues.
4.
Aluminum cans shall mean all disposable cans made of aluminum used for food or beverages. Specifically excluded are aluminum foils, pie tins, trays, cookware and other aluminum products.
5.
Tin and bi-metal cans shall mean all disposable cans made of tin, steel or a combination of metals including, but not limited to, containers commonly used for food products. Specifically excluded are cans which contain toxic products, such as paints and oils.
6.
Glass bottles and jars shall mean transparent or translucent containers made from silica or sand, soda ash and limestone, used for the packaging or bottling of various products. Specifically excluded are dishware, light bulbs, window glass, ceramics and other glass products.
7.
Pourable plastic containers shall mean plastic bottles where the neck is smaller than the body of the container, and is limited to plastic resin type #1 PET and plastic resin type #2 HDPE. Specifically excluded are other resin types (#2 through #7) and non-bottle plastic containers such as margarine tubs and other consumer items and packages, such as film plastics, blister packaging, boxes, baskets, toys and other products.
b.
Residences, businesses and institutions provided with recyclables collection service by municipal forces or through municipal contract shall place all designated recyclables in the appropriate containers at curbside or other area(s) in the manner and schedule as regularly published and distributed by the municipality.
c.
Any multi-family complex, business or institution not provided recyclables collection service by municipal forces or through municipal contract shall be responsible for arranging the appropriate separation, storage, collection and ultimate recycling of all designated recyclables.
d.
Any multi-family complex, business or institution which is not provided recyclables collection service by municipal forces or through municipal contract shall provide the municipality with, at a minimum, an annual report describing arrangements for both solid waste and recyclables collection services, including the size, number and location of storage containers, frequency of pickup service, the name and address of any contractor hired to provide such service, and phone and other contact information for the contractor.
e.
Leaves shall be kept separate from other vegetative waste, and shall only be placed for collection in the manner and schedule as shall be published and distributed by the municipality. Grass clippings shall not be placed with other materials for solid waste collection. This requirement shall not prohibit any person or establishment from making arrangements to collect leaves and grass directly from their property through their own efforts or via contract with a landscape service or other appropriate company, for direct transportation to a permitted recycling operation.
f.
The following bulky recyclables shall not be placed with solid waste at the curbside or in containers provided for waste collection and transportation to a disposal facility: concrete, asphalt, brick, block, tree stumps, tree limbs over three inches in diameter, metal appliances or bulk metal items larger than one cubic foot and/or heavier than five pounds.
Upon special notice from the Borough, bulk metals and appliances may be placed with bulky waste during municipally sponsored Bulk Waste Disposal Days, but will be handled separately for recycling rather than disposal.
g.
Automotive and other vehicle or wet cell batteries, used motor oil and anti-freeze shall not be disposed as solid waste. Such items are to be kept separate from other waste materials and recyclables, and brought to local service stations, scrapyards, or publicly-operated recycling facilities designed and permitted to handle such products.
h.
Common, non-rechargeable dry cell batteries, commonly labeled A, AA, AAA, C, D and 9-Volt, may be disposed with regular municipal solid waste; however, rechargeable dry cell and button batteries still contain significant amounts of various toxic metals, including mercury, and shall be separated and brought to retail outlets or publicly-operated recycling facilities providing specific arrangements for the proper packaging and shipment of rechargeable and/or button batteries to appropriate processing facilities.
i.
Computers, computer monitors and other related electronic hardware, as well as analog and digital televisions, are prohibited from being placed with other solid waste for disposal. These and other electronic devices shall be kept separate and brought to retail outlets or publicly-operated recycling facilities providing specific arrangements for shipment of these items to appropriate processing facilities.
[Ord. #1495]
a.
All designated recyclables become the property of the municipality and/or the contracted collector once placed at the curbside, in a container provided by the contractor, or brought to and accepted at the Municipal Recycling Depot.
b.
It shall be a violation of this section for any unauthorized person to pick up or cause to be picked up, any recyclable materials as defined herein. Each such collection shall constitute a separate and distinct offense.
c.
Notwithstanding anything herein to the contrary, any person may donate or sell self-generated recyclable materials to any person, partnership or corporation, whether or not operating for profit. The person, partnership or corporation, however, shall not pick up the recyclable materials at curbside.
[Ord. #1495]
a.
No liquids of any type shall be placed with recyclables, or with solid waste for collection and disposal.
b.
No chemicals, liquid paints, pesticides, herbicides, reactive polishes or cleansers, cleaning or automotive products, or other hazardous wastes shall be placed with recyclables, or with solid waste for collection and disposal.
[Ord. #1495]
a.
All apartment and other multi-family complexes, businesses, schools and other public or private institutions shall provide separate and clearly marked containers for use by residents, students, employees, customers or other visitors, for trash and the various types of recyclables, as appropriate.
b.
Any company or agency providing dumpsters, rolloff or other containers to any apartment or other multi-family complex with shared disposal and recycling areas, or to any business, school or other institution, or for any construction/demolition project, shall clearly mark such container for trash or for specific recyclables, as may be appropriate.
[Ord. #1495]
a.
The municipality shall issue construction and demolition permits only after the applicant has provided a Debris Management Plan identifying the estimated number and types of containers to be used for the handling of all solid wastes and recyclables generated during the project, and arrangements for the proper disposition of the generated materials.
b.
A refundable deposit of $50 to $1,000 shall be submitted with the Debris Management Plan, which will be returned after completion of the project and submittal of appropriate records documenting the quantity and disposition of solid wastes and recyclables. Inadequate or incomplete documentation may result in the forfeiture of some or all of the required deposit.
[Ord. #1495]
a.
The position of Recycling Coordinator is hereby created and established within the municipality, to be appointed by the Governing Body, for a term of two years expiring June 30th.
b.
The duties of the Recycling Coordinator shall include, but are not limited to: the preparation of annual or other reports as required by State and County agencies regarding local solid waste and recycling programs, reviewing the performance of local schools and municipal agencies in conducting recycling activities, periodic review of local residential and business recycling practices and compliance, review and recommendation on local subdivision and site plan submittals and local construction and demolition projects for appropriate waste disposal and recycling provisions, reports to the Governing Body on the implementation and enforcement of the provisions of this section, and such other reports and activities as may be requested by the Governing Body.
c.
The Recycling Coordinator shall be required to comply with the Certification Requirements for Municipal Recycling Coordinators, as established by the State of New Jersey. The Recycling Coordinator shall have completed or be in the process of completing the requirements for certification as a "Certified Recycling Professional" (CRP) no later than January 13, 2012, as required by the New Jersey Recycling Enhancement Act.
[Ord. #1495]
a.
The duly appointed Municipal Recycling Coordinator, the Monmouth County Health Department, and the Superintendent of Public Works are hereby jointly and severally empowered to inspect solid waste and recycling arrangements and compliance at local residences, businesses, schools and institutions, and to enforce the provisions of this section, by issuance of warnings, notices, summonses and complaints. A typical inspection may consist of sorting through containers and opening bagged solid wastes to detect the presence of recyclable materials.
b.
The authorized inspector may, in his or her discretion, issue a warning rather than a summons following an initial inspection(s), with a follow up visit to determine compliance within a stated period of time.
[Ord. #1495]
a.
Violation or noncompliance with any of the provisions of this section, or the rules and regulations promulgated hereunder, shall be punishable by a fine as follows:
b.
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
c.
Fines levied and collected in Municipal Court pursuant to the provisions of this section shall be deposited into the Municipal Recycling Trust Fund. Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program.
[Ord. #458, § 1]
As used in this section:
Shall mean every refuse accumulation of animals, fruit, or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit, or vegetables.
Shall mean waste material and refuse of every character except garbage.
[Ord. #458, § 2]
No person (including individuals, company, firm, or corporation) shall dump rubbish or trash in the Borough except at the Municipal Dump provided, and then not without first procuring a permit from the Borough Clerk.
[Ord. #458, § 3]
No person shall dump garbage anywhere in the Borough at any time.
[Ord. #458, § 4]
The Municipal Dump shall be open only on Thursdays between the hours of 8:00 a.m. and 4:00 p.m. or such other day as the Borough Manager may designate.
[Ord. #458, § 5]
Before any permit to dump shall be issued, the following fee shall be paid per truckload or part thereof.
1/2 ton truck | $2 |
3/4 ton truck | $3 |
1 ton truck | $4 |
1 1/2 ton truck | $5 |
2 ton truck | $6 |
2 1/2 ton truck | $7 |
5 ton truck | $10 |
10 ton truck | $20 |
[Ord. #1112, § 1]
For the purpose of this section:
a.
Condominium shall mean the form of real property ownership provided for under the "Condominium Act," P.L. 1969, c. 257 N.J.S.A. 48:8B-1 et seq.
b.
Fee simple community shall mean a private community which consists of individually owned lots or units and provides for common or share elements or interest in real property.
c.
Horizontal property regime shall mean the form of real property ownership provided for under the "Horizontal Property Act" P.L. 1963 c. 168 N.J.S.A. 46:8A-1 et seq.
d.
Qualified private community shall mean a residential condominium, fee simple community, or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction, comprised of a community trust or other trust device, condominium association or homeowners' association wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community. No apartment building or garden apartment complex owned by an individual or entity that receives rental payments from tenants who occupy the premises shall be considered a qualified private community.
[Ord. #1112, § 1]
a.
The Borough of Keansburg shall provide for payment of the Monmouth County Landfill tipping fees for any qualified private community within the Borough receiving dumpster pick-up service from the Borough's scavenger contractor.
c.
The qualified private community receiving dumpster service shall be required to pay all pick-up charges to the contractor providing the services.
[Ord. #1109, § 1]
As used in this section the following terms shall have the definitions indicated hereinafter:
Shall mean a written record, log, bill or document evidencing receipt of service for the collection of solid waste for the preceding month from a person lawfully engaging in private solid waste collection services within a municipality.
Shall mean the scheduled pick-up and removal of solid waste from residential, commercial or institutional premises located within the boundaries of any municipality at least once a week.
Shall mean any property owner, tenant or occupant of any single-family residential dwelling or multiple dwelling, or the owner of any commercial or institutional building or structure located within the boundaries of any municipality, who generate solid waste at those premises.
Shall mean garbage, refuse and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities and shall include all other waste materials including liquids, except for solid animal and vegetable waste collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such waste to swine on their own farms.
Shall mean the activity related to pick-up and transportation of solid waste from its source or location to a solid waste facility or other destination.
Shall mean a receptacle, container or bag suitable for the depositing of solid waste.
Shall mean the storage, treatment, utilization, processing or final disposal of solid waste.
Shall mean and include the plants, structures or other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by any person pursuant to the provisions of this section or any other applicable statute, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.
[Ord. #1109, § 2]
a.
In the case of single-family residential housing, each responsible solid waste generator must, if he, she, or it has not already done so, enter into a contract for regular solid waste collection service with any person lawfully providing private solid waste collection services within the Borough.
b.
In the case of multi-family residential housing, each responsible solid waste generator must, if he, she, or it has not already done so, enter into a contract for regular solid waste collection service with any person lawfully providing private solid waste collection services within the Borough. It shall be the responsibility of the owner of the multiple dwelling to provide a sufficient number of appropriate solid waste containers for the deposit of nonrecyclable waste materials to be disposed of as solid waste.
c.
In the case of any commercial or institutional building or structure located within the Borough, each responsible solid waste generator must, if he, she, or it has not already done so, enter into a contract for regular solid waste collection service with any person lawfully providing private solid waste collection services within the Borough. It shall be the responsibility of the owner of the commercial or institutional building or structure to provide a sufficient number of appropriate solid waste containers for the deposit of nonrecyclable waste materials to be disposed of as solid waste.
[Ord. #1109, § 3]
a.
Notice by Borough. Within six months of the effective date of this section, and at least once every six months thereafter, the Borough Clerk shall notify all responsible solid waste generators of the requirements of this section by placing an advertisement in a newspaper circulating in the Borough, posting a notice in public places where public notices are customarily posted, including a notice with other official notifications periodically mailed to the taxpayers, or any combination thereof, as the Borough Council deems necessary and appropriate.
b.
Notice By Solid Waste Collectors. Any solid waste collector engaging in private solid waste collection services within the Borough of Keansburg who is registered pursuant to N.J.S.A. 13:1E-4 and 13:1E-5 and holds a certificate of public convenience and necessity pursuant to N.J.S.A. 40A:13A-6 and 40A:13A-9 shall provide all responsible solid waste generators within the Borough of Keansburg with the opportunity to contract for, on an individual basis, regular solid waste collection services.
c.
Notification to Board of Public Utilities. In the event that a solid waste collector refuses any request to provide responsible solid waste generators with the opportunity to contract for regular solid waste collection services pursuant to this section, the Borough shall notify the Board of Public Utilities of this refusal by certified mail.
[Ord. #1390, § I]
The purpose of this section is to establish a yard waste collection and disposal program in the Borough of Keansburg, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #1390, § II]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
Shall mean leaves and grass clippings.
[Ord. #1390, § III]
Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet.
Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section. It shall be in violation of this section to place or discharge grass clipping at the curbline, street or sidewalk areas. Dirt, mulch and stump grindings are prohibited from being placed at the curbline. Branches and leaves may only be placed at the curbline only in accordance with the schedule promulgated by the Borough of Keansburg Department of Public Works.
[Ord. #1390, § IV]
The provisions of this section shall be enforced by the Code Enforcement and/or Public Works Department Officials of the Borough of Keansburg.
[Ord. #1390, § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,000.