As used in this chapter.
a.
STREET – Shall mean any dedicated public thoroughfare, road,
avenue or highway, whether accepted or unaccepted, including the sidewalk
area.
b.
ROADWAY – Shall mean that portion of the street lying between
the curb lines.
c.
SUPERINTENDENT OF PUBLIC WORKS or SUPERINTENDENT – Means the
superintendent of public works appointed by the mayor and council,
or such person as shall succeed to his office, powers and duties and
is hereby designated the enforcement officer to enforce the provisions
of this section.
a.
No permit authorized by this section shall be granted except upon
application in writing therefor signed by the person desiring such
permit or his agent, which application shall set forth such facts
as are hereinafter required by the provisions of this chapter.
b.
In case any permit shall be refused by any officer authorized to
issue the same, an appeal of such officers' determination may
be taken to the mayor and council and the mayor and council, after
hearing the applicant and such officer and such other evidence as
may be produced, may either direct the issuance of such permit or
sustain the refusal of the officer.
c.
No permit shall be issued until the fee therefor shall have been
paid to the officer authorized to issue such permits. The permit fee
for all work started prior to the issuance of a permit covering same
shall be twice the regular fee as herein required.
a.
Street opening. No person shall make any street opening in or tear
up or disturb the surface of the roadway of any street, park or public
place without a written permit therefore, provided however, that any
public utility corporation having pipes, conduits or rails in any
public street or place shall not be required to obtain any other permit
than that provided for in paragraph k of this subsection.
b.
All permits required by this section shall be issued by the borough
clerk with a copy to the superintendent of public works. Permittee
is to secure street openings dates and specifications from the superintendent
of public works. A cash deposit in an amount sufficient to defray
the costs of replacing the pavement excavated in case the applicant
fails to replace such pavement in a manner acceptable to the superintendent
of public works prior to the issuance of the permit. This deposit
shall be then tendered to the borough clerk prior to the issuance
of any permit and in no event shall the amount of the cash or bond
deposit be less than $1,000, which bond shall be in a form satisfactory
to the borough attorney. Upon issuance of such a permit the borough
clerk shall forward a copy to the superintendent of public works and
chief of police.
c.
The following permit fees are established and shall be paid to the
borough clerk before the permits are issued.
1.
For opening any road paved with Portland cement concrete, bituminous
concrete, bituminous penetration macadam, water bound macadam with
or without bituminous dressing or asphalt surface treated pavement,
$5 per square yard or fraction thereof; minimum fee $25.
2.
For opening any unimproved road; $2 per square yard or fraction thereof;
minimum fee $5.
d.
In making the excavation the permittee shall preserve the roadway
from needless destruction and shall cause the excavation, installation
or repair of utility and backfilling to be one continuous operation.
The person to whom such permit is issued shall guard the excavation
or excavations by suitable barricades and warning signs by day and
suitable barricades and lights by night, and which shall be electrical
or mechanical and not inflammable, until the excavation is safely
closed. It is the responsibility of the permittee to maintain such
road openings in a safe condition for traffic until such time as he
replaces the pavement and said pavement replacement shall have been
approved by the superintendent.
e.
The permit for any such excavation as aforesaid shall specify the
date the excavation is to be made and the maximum time allowed for
the completion of the excavation and the backfilling thereof. The
backfilling shall be completed within the time stated in such permit
and shall be done in accordance with applicable borough specifications.
All refuse and material shall be removed within 48 hours.
f.
Temporary restoration of pavement is to be made immediately after
the superintendent of public works or the borough engineer has approved
the backfilling.
g.
Where an excavation is to extend to the full width of the road, only
one-half of the excavation shall be made at one time. This portion
shall be properly backfilled and inspected as herein provided before
the other half is excavated.
h.
All trenches shall be backfilled with stonedust, bankrun sand or
gravel or pervious material free from foreign matter such as debris,
stumps, roots or sod. The backfilling shall be performed in layers
of not more than two feet in depth, each layer to be thoroughly tamped
prior to the backfilling of the next layer.
i.
Permanent restoration of pavement shall be made within a reasonable
time and no more than within four months, weather permitting, from
the date the temporary pavement was installed and such permanent restoration
shall as nearly as possible duplicate the original pavement in type,
material, color and texture of the surface or in accordance with borough
specifications. The superintendent of public works shall be notified
three days prior to permanent restoration for quality control and
adherence to this section.
j.
No opening permits will be issued between December 1 and March 1,
unless an emergency exists.
k.
No excavation, repair or utility installation shall be commenced
or installed in or on any public street in the Borough of Englewood
Cliffs without first obtaining a road construction or road opening
permit therefor from the borough clerk. Every application for such
permit shall be accompanied by duplicate plans and profiles of the
proposed work except where the borough engineer determines, in his
discretion, that plans are not necessary, or in the event of emergency.
The said application shall give the location of the proposed work,
a detailed description of the type of repair, the extent of the work
and the method of repair, a certified survey of the location thereof,
the location of any and all utilities, storm drains, sanitary sewer
or sewer mains, within close proximity to the proposed opening, and
the estimated cost of such work. The applicant shall pay, at the time
of filing the application, for inspection fees, the sum of $0.30 per
lineal foot of street to be opened and $0.15 for each lineal foot
of utility line (including, but not limited to, electric or gas, water
or telephone) to be installed. In no event shall the inspection fees
be less than $100. In addition, the borough engineer shall determine
the amount of a cash bond, in sum sufficient to guarantee the repair
of the street, which bond shall be posted, for a minimum of two years,
as a condition to any road opening permit. The minimum cash bond shall
be $1,000. Such bond shall be renewed each calendar year, where necessary,
in the discretion of the borough engineer.
Notwithstanding the foregoing, in the event of an emergency,
a utility company may undertake emergency repairs without precompliance
with the foregoing. However, prior to even emergency repairs, the
company shall notify the Englewood Cliffs Police Department in order
to report the location of the emergency and the nature of the problem.
Thereafter, the company shall file a complete report with the borough
in accordance with the provisions of this paragraph.
No road construction permit shall be issued until and unless
the borough engineer approves said application, plans, and profile
and said deposit is made. The borough engineer shall approve or reject
said application within 10 days after the application has been filed
and, in case of rejection, shall state in writing the grounds on which
his rejection is based. In the event that applicant is dissatisfied
with the rejection of the borough engineer, he shall, within 10 days
thereafter, file in writing with the borough clerk his ground of appeal
from the rejection of the borough engineer. The mayor and council
shall hear said appeal at the next regular meeting of the mayor occurring
not less than 10 days from the filing of the appeal, at which hearing
the mayor and council shall have the right to confirm, reverse or
modify the decision of the borough engineer.
The following specifications shall apply for all road opening
restorations of borough public streets:
1.
Pavement.
(a)
Base: Bituminous Stabilized Base Course shall be laid and compacted
over previously compacted fill. The total compacted thickness of bituminous
stabilized base course shall be not less than three inches constructed
in a single lift. The surface elevation shall be the elevation of
the adjacent existing pavement. Where settlement of the bituminous
stabilized base course has occurred, the contractor shall construct
a leveling course of either bituminous stabilized base material or
FABC. This base shall serve as a temporary pavement until the surface
course is applied.
*During winter months, if bituminous base material of FABC is
not available, cold mix Bituminous Concrete may be substituted with
the provision this material is removed and replaced with bituminous
base material and Bituminous Concrete Surface (NJDOT) Mix 1-5 when
these materials become available.
(b)
Surface course: Two inches of NJDOT Mix 1-5 Bituminous Concrete
Surface Course.
2.
Excavation. The existing pavement must be cut with a compressor or
an approved mechanical cutting device, in a straight line, and to
its full depth of pavement before excavation of trench. The existing
pavement shall be sawcut in a straight line prior to the installation
of final pavement.
3.
Backfill. When the material from the excavation is unstable for backfilling,
the contractor shall furnish, place, and mechanically tamp bank run
gravel, or bank run sand, or quarry processed stone, as backfill.
At least six inches of quarry processed stone must be provided directly
below the stabilized base course.
Bank run sand may be used as base fill only to within six inches
of the transmission pipe.
4.
Temporary pavement.
(a)
Upon completion of the backfilling of the trench, the exposed
edges of the existing pavement shall be cut back to straight even
lines parallel to the center line of the trench. The exposed face
of the existing pavement shall be clean and free of dirt or other
substances which would prevent proper bonding with the new pavement.
(b)
The subgrade shall be formed to the required line, grade and
cross section and properly rolled with a 10 ton roller or approved
equal. Any unsuitable material shall be removed and replaced with
suitable material.
5.
Permanent pavement. Permanent pavement shall be placed as specified
by the Englewood Cliffs Department of Public Works or borough engineer.
When so stated on the Road Opening Permit, the permanent pavement
of Bituminous Surface Course NJDOT Mix 1-5 shall be applied with an
approved self-propelled paving machine from two feet beyond the outside
edge of the trench to the curb line but no less than eight feet wide.
The person receiving the permit shall be responsible for the
proper maintenance of that portion of the street over which the permit
has been issued, including continued backfilling, to compensate for
a period of one year from the date of the certification of the proper
restoration of the street by the superintendent of the department
of public works and further shall assume all liability for damages
resulting therefrom or in any way connected therewith.
In the event of the failure to restore the street opening properly
within a reasonable time after the opening has been made or to maintain
the restored street properly for a period of one year from the date
of the aforesaid certificate of proper restoration, the department
of public works may upon three days' notice to the person receiving
the permit, undertake the restoration or maintenance work and have
recourse to the deposit for compensation.
The deposit shall be returned to the person receiving the permit
one year after the date of the certificate of the proper restoration.
In the event any provision of this ordinance shall conflict
with the provision of any statute, State or Federal, or with any rule
or regulation of the Public Utility Commission or Federal Power Commission,
such provision to the extent of such conflict shall not apply.
It is recognized that provision must be made for vehicular access
to private property from streets and alleys, but in so doing, due
consideration shall be given to pedestrian and vehicular safety, the
need for on-street parking and interference with public improvements
caused thereby.
In establishing permissible curb-cuts in sidewalk driveway crossings
for access to private property, it shall be the policy of the borough
to authorize the same only where they are necessary and only where
they would not unreasonably interfere with the rights of the public
in the adjacent street or alley or unreasonably interfere with vehicular
traffic or unreasonably eliminate on-street parking spaces.
As used in this chapter.
a.
SUPERINTENDENT OF THE DEPARTMENT OF PUBLIC WORKS – Shall mean
the person designated by the borough council as such person as shall
be entitled to his office power and duties.
It shall be unlawful for any person to cut, break or remove
any curbing or cause to have cut, broken or removed any curbing in
the borough without first obtaining a permit to do so from the building
inspector.
An applicant for a permit hereunder shall file with the municipal
clerk an application showing:
a.
Name and address of the owner or agent in charge of the property
abutting the proposed work area:
b.
Name and address of the party doing the work;
c.
Location of the work area;
d.
Attached plan showing details of the proposed alteration;
e.
Estimated cost of the alteration;
f.
Such other information as the municipal clerk or superintendent of
the department of public works shall find reasonably necessary to
the determination of whether a permit should issue hereunder.
The following fee shall accompany an application for a permit
hereunder.
a.
For each permit issued for a "curb-cut," the sum of $25.
b.
A separate permit for the doing of any work under the provisions
of this section shall be issued for each lot, tract or parcel of land
in front of or along which such work is to be done, provided, however,
that where two or more lots, tracts or parcels of land actually adjoin
and are owned by the same person, a single permit may be issued to
embrace the same covering not more than 100 lineal feet for each permit.
c.
The applicant shall further post a bond in the amount of $25 per
linear foot for the length of the proposed curb cut which monies shall
be held by the borough until such time as the completion of the project
and approval by the appropriate representative of the borough charged
with the inspection of such curb cuts.
The municipal clerk shall issue a permit after the superintendent
of the department of public works or his designee finds:
a.
That the plans for the proposed operations have been approved by
him.
b.
That the work will be done according to the plans and specifications set forth in subsection 13-2.7.
c.
That the operation will not unreasonably interfere with vehicular
and pedestrian traffic, the demand and necessity for on-street parking
spaces in the proposed work area, and the means of egress to and from
the property affected and adjacent properties.
No permit issued under subsection 13-2.6 shall be in conflict with the following regulations:
a.
The maximum width of all curb-cuts in business and industrial districts
shall not be more than 30 feet as measured at the top of the curbing.
If however, in the opinion of the building inspector the borough's
interests can best be served by extending the maximum width of curb-cuts
to not more than 36 feet, as measured at the top of the curbing, for
entrance into automobile service stations located on borough streets,
or on State or county routes within the borough, then the building
inspector shall have the power to modify the provision of this regulation
accordingly. The maximum width of all curb-cuts in residential districts
is hereby established to be 12 feet for one car garages and 20 feet
for two or more car garages.
b.
The minimum distance between curb cuts serving the same lot or parcel
of land shall not be less than 50 feet as measured at the top of the
curbing.
c.
The curb cut shall not exceed 33 1/3% of the frontage upon any
street of a lot or lots or parcel of land to be served thereby.
d.
No curb cut shall be located so as to interfere with the intersecting
sidewalks, traffic signals, lampposts, fire hydrants or other public
improvements.
e.
No permit shall be issued to remove any curbing unless a concrete
apron between the curbings and sidewalks is to be installed.
f.
The necessary adjustments to utility facilities, light fixtures,
fire hydrants, catch basins, street or railway signs, signals or other
public improvements or installations shall be accomplished without
cost to the borough.
g.
All work shall be done under the supervision of the building inspector
of the borough and in accordance with borough specifications in effect
at the time of such work. Forms shall be inspected by the borough
before any concrete is poured. All debris and surface material shall
be promptly removed upon completion of the work.
h.
The applicant shall maintain the premises in a safe manner, and shall
provide adequate barricades and lights at his own expense to protect
the safety of the public use in the adjacent streets or sidewalks,
and shall hold the borough free from any damage incurred by his operations.
In order that the provisions of this section may be reasonably
applied in instances where practical difficulties are apparent, or
unnecessary hardship will result from carrying out the strict requirements
hereof, or in cases where the applicant deems himself aggrieved, appeal
may be made to the mayor and borough council and the mayor and council
shall have the power to vary, by resolution, the mandatory provisions
hereof, or to modify or reverse the decision of the building inspector,
in any specific case in such manner that substantial justice is done
and the spirit and purpose of this section are upheld.
Such an appeal shall be made in writing to the mayor and council
by filing with the borough clerk a written notice of such appeal setting
forth specific grounds or basis thereof. Such notice must be filed
within 30 days after such action appealed from. The borough clerk
shall forthwith set said matter for hearing before the mayor and council
and cause notice thereof to be given to the applicant, not less than
five days prior to such notice is waived in writing by the applicant.
At such hearing the applicant shall show cause on the ground specified
in the notice of appeal, why the action excepted to should not be
approved. The mayor and council may continue such hearing and its
findings and appeal shall be final and conclusive in the matter.
The provisions of this section shall not apply to any construction
in connection with any minor or major subdivision approved by the
planning board of the borough.
Notwithstanding anything contained in the land subdivision chapter
or in any other ordinance, it is and has been the intention of the
mayor and council that the installation of sidewalks in any subdivision
be a mater of discretion with the mayor and council and to that end,
in connection with every application for a subdivision within the
borough to the planning board pursuant to law.
a.
The planning board shall make a determination whether, in its opinion,
sidewalks are or are not to be required in the subdivision and if
so, to what extent.
b.
The determination of the planning board, together with its reasons
therefor, shall be communicated to the mayor and council within 30
days after the granting of any preliminary subdivision and:
1.
If the determination of the planning board is that no sidewalks be
required, the communication shall be for information purposes only.
2.
If the determination of the planning board is that sidewalks be required
in all or part of the subdivisions then the mayor and council may,
upon application of the subdivider, waive or modify the sidewalk requirements.
If sidewalks are required in any subdivision and are not waived
as here provided, then, and in that event, the sidewalks shall be
installed in front of any given plot in the subdivision prior to the
issuance of a certificate of occupancy on any structure erected on
the lot.
It is the desire of the mayor and borough council on behalf
of the residents of the borough to assist in whatever why reasonably
possible in the preservation of trees and forest areas; and it is
in the interest of the beneficial to the general welfare of the residents
of the borough to participate in and to contribute to conservation
and preservation of landfilled areas; and it is in the interest of
the citizens of the borough to reduce whatever possible the cost of
refuse collection. The separation, bundling, and separate collection
of newspapers, magazines, and other periodicals all will contribute
to the beneficial purposes hereinbefore stated.
Newspapers, magazines, periodicals, and the like will be separated
from other forms of refuse and will not be collected by the refuse
collector of the borough on the regular refuse collection days.
All newspapers, magazines, periodicals, and the like will be
collected only on the 1st Wednesday of each month from the north side
of Palisade Avenue north to the Tenafly line and the 1st Thursday
of each month from the south side of Palisade Avenue south to the
Fort Lee Line. Other days as will be designated by the councilman
then serving as Commissioner of Sanitation, any such change in collection
date to be upon written notice to the homeowners delivered no later
than one week prior to such changed collection date.
All such newspapers, magazines, periodicals and the like, collectively,
shall be separated from the other forms of refuse, and tied securely
no higher than 18 inches and placed at the curbside or edge of the
street by each resident prior to the designated time and day of collection.
The councilman designated as Commissioner of Sanitation shall
notify all residents, in writing, of the content of this section at
least two weeks prior to the first collection date.
No person, business, or legal entity shall load or unload any
automobile transporter on any public street within the Borough of
Englewood Cliffs. Any loading or unloading of automobile transporters
shall take place on private property.
Shall mean any vehicle which carries one or more automobiles.
Any person, business or legal entity violating the provisions
of this section shall be subject to a fine of not less than $250,
nor more than $1,000, for the first offense. For subsequent offenses,
the fine shall be not less than $500, nor more than $1,000.
