[The power to regulate excavation and construction in
the public streets is contained in R.S. 40:67-1. The power to provide
specifications for street and sidewalks construction is part of the
general police power, R.S. 40:48-2.]
All sidewalks and curbing hereafter constructed in the borough
shall be erected in conformity with this section.
All sidewalks and curbing shall be constructed of cement or
some product thereof and shall have the lines, width and grade as
prescribed by the borough.
The contractor shall strictly follow all orders and instruction
of the borough engineer or his duly authorized inspector when given
in compliance with this section. The engineer is to interpret the
specifications provided for in this section.
Care must be taken at all times not to interfere with business
or travel more than is absolutely necessary. Free ingress from the
street to entrances of premises fronting on the sidewalk shall be
provided at all times. The contractor shall be required during the
time before the walk is thrown open to travel to establish and maintain
in a safe condition a crossing for each dwelling or building in front
of which the sidewalk is being laid.
The contractor shall suspend all work when notified by the engineer
or his duly authorized inspector that the weather is unsuitable for
carrying it on or that the materials he is using are not those prescribed
by ordinances.
Work or materials condemned by the borough engineer shall be
immediately removed by the contractor to such a point as designated
by the engineer but no allowances or remuneration will be made by
the property owner or the borough to the contractor for removing the
material.
The contractor shall be responsible for all injury to gas and
water pipes, existing drains or sewers, poles carrying telegraph and
telephone or electric light wires, curb, fences and structure of any
kind met with the prosecution of the work and shall be liable for
damage to public and private property.
Whenever any property owner desires to build a sidewalk or lay
curbing he shall notify the chairman of the street committee who shall
have a survey made by the borough engineer. He shall designate the
grade at which sidewalk and curbing shall be built and the location
thereof and the same shall be built accordingly.
No sidewalk or curb shall be built without a permit from the
borough clerk, which will be issued upon the payment of a ten ($10.00)
dollar fee.
The borough engineer or his assistant shall at all times during
usual business hours have access to works and warehouse of the contractor.
The engineer shall be allowed to select samples of any kind of materials
to be used in the construction of the walks and curb and the samples
will be delivered to the borough hall without delay free of all costs
to the borough.
Any sidewalks hereafter constructed contrary to the provisions
of this chapter may be condemned by the borough council.
All sidewalks and curbing to be hereafter laid shall conform
and comply to the following specifications:
a.
All materials and work shall be in accordance with borough specifications
on file in the office of the department of public works.
b.
Any sidewalk, driveway apron, curb or gutter which is removed shall
be promptly replaced in accordance with borough specifications.
c.
No concrete sidewalk shall be replaced or covered with blacktop.
d.
Whenever a "curb cut" or driveway depression is required, the entire
section or sections of curb or curb and gutter shall be removed and
replaced. The breaking and recapping of curbing is specifically prohibited.
The slope for commercial driveways may start at the inside sidewalk
line when the building is set ten feet or more back of the property
line and the entrance paved to the building line.
Replacement of existing commercial driveways shall be as directed
by the borough engineer.
As used in this section words shall have the following meanings:
a.
STREET – Any road, highway, public way, public alley, easement
or other right-of-way accepted or maintained by the Borough as a public
street, as well as any state or county road or highway over which
the Borough has acquired jurisdiction by agreement.
b.
DIRECTOR – The Director of the Department of Public Works of
the Borough.
a.
No person shall make an excavation in or tunnel under any street
without first obtaining a permit from the Director.
b.
A tunnel or excavation may be commenced without a permit where an
emergency has arisen which makes it necessary to start work immediately,
provided that the application for permit is made simultaneously with
the commencement of the work or as soon thereafter as is practical.
The permit, when issued, shall be retroactive to the date on which
the work has begun.
c.
The Department of Public Works may issue permits to other public
bodies without fee.
a.
The Director is authorized to refuse the issuance of any permit,
if such refusal is in the interest of public safety, public convenience
or public health. In the event that any permit is refused by the Director,
an appeal may be taken to the Council. The Council, after hearing
the applicant and the Director and other evidence as may be produced,
may either direct the issuance of the permit or sustain the refusal
of the Director.
b.
Additional Requirements for Excavations on Paved Streets Less than
Seven Years Old.
1.
No permit shall be issued by the Director which would allow an excavation
or opening of a paved or improved street surface less than seven years
old unless the applicant can clearly demonstrate that public health
or safety requires that the proposed work be permitted or unless an
emergency condition exists.
2.
If by special permission of the Director a permit is issued to open
any paved or improved street surface less than seven years old, an
additional fee shall be charged for the opening, except that the additional
fee shall be waived in the event the work is of an emergency nature.
The additional fee shall be equal to the sum of $1,000 plus total
cost of repair as set forth by the Borough Engineer.
[Amended 3-20-2019 by Ord. No. O-19-04]
Applications for a permit shall be made to the Department of
Public Works for each individual opening. Applications shall contain
the following information:
a.
Name and address of the applicant.
b.
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
c.
The Borough tax map block and lot number of the property for the
benefit of which the opening is to be made.
d.
Nature of the surface in which the opening is to be made.
e.
Character and purpose of the work proposed.
f.
Time when the work is to be commenced and completed.
g.
Each application shall be accompanied by a set of plans in quadruplicate
showing the exact location and dimensions of the opening.
h.
The name and address of the workman or contractor who is to perform
the work.
i.
A statement that the applicant agrees to replace, at his own cost
and expense, the street, curb, gutter and sidewalk in the same state
and condition in all things as they were at the time of the commencement
of the work within 48 hours of the commencement of same.
[Amended 3-20-2019 by Ord. No. O-19-04]
Permits shall be issued under the authority of the Director
and in accordance with the provisions of this section and the regulations
which the Director may establish. The Director shall determine the
initial time limit during which the permit shall be valid. Separate
permits are required for each individual opening.
Each permit shall state the identity and address of the applicant,
the name of the street and the location where the excavation or tunnel
is to be made, the dimensions of the opening and the period during
which the permit shall be valid. The original of each permit shall
remain on file with the Department of Public Works.
[Amended 3-20-2019 by Ord. No. O-19-04]
a.
Fees must be paid when the application is made. The applicant shall
be charged a fee of $190 for each permit.
b.
In addition to the fee prescribed by this subsection, the application
shall be accompanied by a deposit to secure the obligation to restore
the surface of the street as required by this section. The amount
of this deposit shall be as follows:
1.
For excavations not exceeding 16 square feet: $1,000.
2.
Unpaved street: $200.
3.
For excavations in excess of 16 square feet: such amount as the Borough
Engineer shall determine as reasonable for the cost of restoration,
including the setting of a bond amount and imposing of any other conditions
the Engineer deems reasonable involving the restoration work to be
done. A separate review fee shall be charged by the Engineer as a
result of this evaluation not to exceed $200.
4.
In the event that the applicant does not restore the property to
its original condition immediately after the completion of the work,
final restoration to be completed within 30 days, the Borough may
restore the property and deduct the reasonable cost from the deposit,
any balance to be returned to applicant.
No permit shall be issued for excavations over 100 square feet
until the applicant has filed a bond in an amount determined to be
sufficient by the Director. The Director may waive the requirements
of this subsection in the case of public utilities upon the presentation
of satisfactory proof that it is capable of meeting any claims against
it up to the amount of the bond which would otherwise be required.
The bond shall be executed by the applicant as principal and a surety
company licensed to do business in the State of New Jersey as surety
and shall be conditioned as follows:
a.
To indemnify and hold harmless the Borough from all loss, damage,
claim or expense, including expenses incurred in the defense of any
litigation arising out of injury to any person or property resulting
from any work done by the applicant under the permit.
b.
To indemnify the Borough for any expense incurred in enforcing any
of the provisions of this section.
c.
To indemnify any person who shall sustain personal injuries or damage
to his property as a result of any act or omission of the applicant,
his agents, employees or subcontractors done in the course of any
work under the permit.
d.
The bond shall also be conditioned upon the applicant's restoring
surface and foundation of the street for which the permit is granted
in a manner acceptable to the Department of Public Works.
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One bond may be accepted to cover a number of excavations by
the same applicant. Bonds shall remain in force for a period to be
determined by the Department of Public Works.
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[Amended 3-20-2019 by Ord. No. O-19-04]
No permit shall be issued until the applicant has furnished
the Department of Public Works with satisfactory proof that he is
insured against injury to persons and damage to property caused by
any act or omission of the applicant, his agents, employees or subcontractors
done in the course of the work to be performed under the permit. The
insurance shall cover all hazards likely to arise in connection with
the work, including but not limited to collapse and explosion, and
shall also insure against liability arising from completed operations.
The limits of the policy of insurance shall be in the amount of $1,000,000
combined single limit for personal injury liability, and in the amount
of $500,000 for property damage for a single incident. The director
may waive the requirements of this subsection in the case of public
utilities upon the presentation of satisfactory proof that it is capable
of meeting claims against it up to the amount of the limits of the
insurance policy which would otherwise be required.
All permits issued under this section shall be subject to the
following rules and regulations:
a.
All excavations shall be kept properly barricaded at all times and
during the hours of darkness shall be provided with proper warning
lights. This regulation shall not excuse the permittee from taking
any other precaution reasonably necessary for the protection of persons
or property.
b.
All work shall be done in such a manner as to cause a minimum of
interference with travel on the street affected. No street shall be
closed to traffic unless the closing is approved by the Chief of Police.
The Police Department shall be informed of all street closings at
least 24 hours in advance, except where the work is of an emergency
nature when notice shall be given to the Police Department when work
commences.
c.
The Director may, upon application by the permittee, extend the time
limit during which the permit shall be valid.
d.
All refuse and material must be removed within 48 hours.
e.
All excavations shall be completely backfilled by the permittee,
and shall be compacted by tamping or other suitable means in a manner
prescribed by the Department of Public Works. Where the Department
of Public Works determines that the excavated material is unsuitable
for backfill, the permittee shall backfill the excavation with sand,
soft coal, cinders or other suitable material which shall be placed
in layers not exceeding six inches in depth and thoroughly compacted
in the manner prescribed by the Department. Upon completion of the
work, the permittee shall remove any excess material and leave the
premises in a clean condition. If the Department determines that any
backfilled excavation has settled or caved in, it shall so notify
the permittee, who shall promptly continue backfilling until the Department
determines that settlement is complete.
f.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts sand.
g.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable state laws
and regulations.
h.
If the work is not completed within the time specified in the permit
or any extension granted by the Department of Public Works, or is
not performed in accordance with the regulations set forth in this
subsection and any other regulations that may be established by the
Department of Public Works, then the Department may complete the work
itself and restore the surface of the street. The cost of completing
the work and restoring the street shall be charged to the permittee
and may be deducted from his deposit or recovered by an action in
any court of competent jurisdiction.
In all cases the permittee shall restore the surface of the
street in accordance with the following rules, regulations and requirements:
a.
No permittee shall commence the restoration of any street foundation
or surface until the Department of Public Works has determined that
settlement of the subsurface is complete and the area properly prepared
for restoration.
b.
The street surface shall be restored so as to extend six inches beyond
the excavation on all sides.
c.
The street surface shall be restored to the satisfaction of the Director.
a.
Transferability. Every permit shall apply only to the person to whom
it is issued and shall not be transferable.
b.
Commencement of Work. Work under a permit shall commence within 45
days from the date of issuance of the permit. If work is not commenced
within that time, the permit shall automatically terminate, unless
extended in writing by the Director. The permittee shall notify the
Director at least 24 hours in advance of the anticipated commencement
of work under a permit.
[Amended 3-20-2019 by Ord. No. O-19-04]
c.
Possession of Permit. A copy of the permit together with a copy of
the plan endorsed with the approval of the Director must be kept in
possession of the person actually performing the work and shall be
exhibited on demand to any duly authorized employee of the Department
of Public Works or to any police officer of the Borough.
d.
Revocation of Permit. The Director may revoke a permit for any of
the following reasons:
1.
Violation of any provision of this section or any other applicable
rules, regulations, law or ordinance.
2.
Violation of any condition of the permit issued.
3.
Carrying on work under the permit in a manner which endangers life
or property, or which creates any condition which is unhealthy, unsanitary
or declared by any provision of the revision to constitute a nuisance.
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The procedure for revoking a permit shall be the same as that
set forth in this revision for the revocation of licenses, except
that the initial hearing shall be before the Director with a right
of appeal to the Council; and the Director may provide in his decision
that the revocation shall not become effective if the permittee corrects
the violation within a specified period of time.
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e.
Modification of Permit Conditions. In a special case the Council
may by resolution impose special conditions to which the issuance
of the permit may be subject, or may decide that any provision of
this section shall not apply or shall be altered.
The Director may make any rules and regulations which he considers
necessary for the administration and enforcement of this section,
but no regulation shall be inconsistent with, alter or amend any provision
of this section, or impose any requirement which is in addition to
those expressly or by implication imposed by this section. No regulations
shall be effective unless they shall be approved by resolution of
the Council. Copies of all current regulations shall be furnished
each permittee at the time of the issuance of the permit.
Not less than 90 days prior to the commencement of paving or
repaving of a public street in the Borough of Highlands, the governing
body shall notify all abutting property owners by certified mail,
return receipt requested, or by personal service, of the proposed
date for the commencement of the paving of the roadway.
The notice to the abutting property owners shall advise each
property owner that permits for excavation in the public street shall
not be granted for a period of three years from the date of the proposed
commencement of the paving as specified in the notice, except by a
special permit issued by the governing body in the event of an emergency.
The fee for an emergency permit shall be equal to 200% of the
amount required for the fee for a regular permit as provided in this
section.
[Amended 10-16-2019 by Ord. No. O-19-18]
[1]
Editor's Note: Former Section 8-3, Procedure for Reimbursement
for Street Lighting Costs, previously codified herein and containing
portions of Ordinance Nos. 0-89-34 and 0-89-36, was repealed in its
entirety by Ordinance No. 0-93-08.
All requests for street vacations shall be made in writing,
and addressed to the Mayor and Borough Council, and filed with the
Borough Clerk for consideration at any Borough Council meeting as
soon as reasonably practicable. Said request must include an identification
of the applicant's property, and a depiction of the premises
to be vacated, and a list of all owners of adjacent property, with
current mailing addresses. The applicant shall provide notice of the
application and meeting date to all owners of adjacent property, and
shall provide proof of such notice to the Borough Clerk.
The applicant shall be notified of the date the matter is to
be initially considered by the governing body, and may address the
governing body at that time. If the request is denied, the applicant
shall be notified in writing of the decision of the Borough Council,
and to the extent practicable, of the reasons therefor.
a.
Refundable Escrow Fee Required. If the governing body approves the
request preliminarily, the applicant must post a refundable escrow
deposit with the Borough to defray costs and professional fees incurred
by the Borough in the course of reviewing said request. The escrow
deposit shall be $2,500.
b.
All actual costs and expenses incurred by the Borough with regard
to the consideration and/or adoption of any street vacation ordinance
shall be paid from the escrow deposit, including but not limited to
professional fees, publication costs, recording fees, and certified
mail fees. Any unused escrow balance shall be refundable. Any actual
costs which exceed said escrow shall be billable to applicant, with
prior notice.
Following the receipt of the escrow deposit required by Subsection 8-3.3 above, the request and supporting documentation shall be forwarded to the Borough Administrator, the Department of Public Works, the Borough Attorney, the Borough Engineer, and such other governmental agencies and utilities as are deemed advisable by the governing body, for recommendation and report. Any reports and recommendations issued in response thereto shall be filed with the Borough Clerk, and forwarded to the governing body for further consideration at any Borough Council meeting.
The Borough Attorney shall prepare the appropriate ordinance,
and any legal documents necessary to implement any street vacation
ordinance as directed by the governing body, along with any legal
notices required by N.J.S.A. 40:67-1 et seq. The Borough Clerk will
record the ordinance following adoption, and such other legal documents
as are required, with the county clerk. The Borough Engineer shall
prepare a legal description of the street(s) or easement(s) to be
vacated to be included in the text of said ordinance, and upon adoption
of same, shall provide any tax map revision necessitated thereby.
The obligation of the Borough with regard to the adopted vacation
ordinance shall cease with its recording of same with the county clerk's
office and updating of its tax map. In the event that the applicant
or the adjacent property owners who may receive an interest in the
vacated area wish to have a deed prepared evidencing the property
vacated, such deed shall be the obligation of the owner acquiring
title to said portion of the vacated premises. In the event that any
such deed is prepared, it shall describe, by metes and bounds, the
original property, including within the description that portion of
the vacated premises being incorporated with the owner's original
land holdings. The deed shall contain a reference to the new tax lot
number created and assigned to the combined lot and the vacation area
as determined by the Borough Assessor. It shall also include a reference
to the survey map upon which the deed description is based and a reference
to the ordinance number vacating the premises. The deed shall be transferred
by the owner to themselves.
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Highlands so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
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 a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Highlands or other public body, and
is designed and used for collecting and conveying stormwater. NOTE:
In municipalities with combined sewer systems, add the following:
"MS4s do not include combined sewer systems, which are sewer systems
that are designed to carry sanitary sewage at all times and to collect
and transport stormwater from streets and other sources."
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
a.
No person in control of private property (except a residential lot
with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
[Ord. O-10-16, § IV]
Storm drain inlets identified in subsection 8-4.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 8-4.4c below.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven (7.0) square inches, or is no greater
than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
c.
This standard does not apply:
1.
Where the municipal engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. O-10-16, § V]
This section shall be enforced by the police department and/or
other municipal officials of Borough of Highlands.
[Ord. O-10-16, § VI]
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 two thousand
($2,000.00) dollars for each storm drain inlet that is not retrofitted
to meet the design standard.
[Ord. No. O-2016-16]
The owner or tenant of land abutting upon the sidewalk of any
street or avenue shall remove all snow and ice from the sidewalk within
twelve (12) daylight hours after same shall have formed or fallen
thereon.
[Ord. No. O-2016-16]
The owner or tenant of land abutting or bounding upon the sidewalks
of any street or avenue shall, when such sidewalks may become icy
or otherwise slippery, place thereon ashes, sand, cinders, sawdust
or other material designed to prevent pedestrians from slipping and
falling and shall at all times keep such sidewalks in a safe and passable
condition.
[Ord. No. O-2016-16]
Any owner or tenant of land abutting upon the sidewalk of any street or avenue who is unable to remove snow and ice and/or provide for the treatment of ice due to a physical or medical disability or due to age or infirmness, shall contact the Code Enforcement Officer and/or his designee, within twelve (12) daylight hours after snow and ice has formed or fallen. Such owner or tenant with a physical or medical disability or inability to remove and/or treat snow and ice due to age or infirmness, will not be subject to the violations and penalties delineated in subsection 8-5.4, subject to the discretion of the Code Enforcement Officer.
[Ord. No. O-2016-16]
Violations are punishable by fine, imprisonment, or community
service in the discretion of the Judge in accordance with N.J.S.A.
40:49-5.
