[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. #706, § 16; Ord. #934]
[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.
