[See Chapter 19, Property Maintenance, for regulations pertaining to trimming of overhead branches, fence and hedge heights and sidewalk obstructions.]
A new § 8-1 entitled "Street Openings" shall be included
in the Code of the Borough of Pitman to read in its entirety as follows:
[Ord. No. 10-2012 § 8-1]
It shall be unlawful for any person, firm, partnership or corporation
to disturb, tear up, obstruct, damage or destroy any Borough street,
road or right-of-way in any manner whatsoever, by any vehicle of any
kind or by any drag attached thereto or by any other implement or
appliance.
[Ord. No. 10-2012 § 8-2]
As used in this chapter:
Shall mean any and all roads, highways, streets, avenues,
alleys or right-of-way owned or under the control of the Borough of
Pitman for the full width thereof.
[Ord. No. 10-2012 § 8-3; Ord. No. 4-2014 § 1]
No person, firm, partnership or corporation shall open or dig
a trench in any public road, street, highway, avenue or alley of this
Borough without having first completed each of the following:
a.
Made application therefor to the Borough of Pitman, on forms to be
provided by the Borough along with four copies of a map or sketch
of the project.
b.
Paid the proper fees to the Borough of Pitman for such opening or trench, in the amount specified by subsection 18-1.7, Permit Fees.
c.
Given the Borough cash or surety company bond, in the manner specified by subsection 18-1.6, to guarantee that the opening or trench made by the permittee will be properly closed. Upon completion of the work in a satisfactory manner, the performance bond or cash will be released in return for a maintenance bond or cash to guarantee that the opening or trench will remain in good condition for at least one year after the closing by the permittee. The minimum amount of each maintenance bond shall be 25% of the amount of the performance bond but shall not be less than $500. A utility company may, in lieu of giving a separate performance bond and a separate maintenance bond on each project, keep continuing effect and posted with the Borough Clerk a combination performance and maintenance bond for the sum of $10,000 by the permittee and a surety company licensed to do business in New Jersey, which bond shall guarantee both performance and maintenance by the utility company in regard to street openings as required by this section and shall be approved as to form by the Borough Solicitor.
d.
Approval by the Borough Engineer, as needed or as determined by the
Public Works Manager.
e.
Received from the Borough a written permit for the specific opening.
f.
Provide notification (written or in person) to every property owner
within 200 feet of the location of the proposed street opening within
48 hours of the date of the commencement of the project. The notification
shall include the date the project shall begin and the proposed completion
date; whether the street shall be closed; and the name, address and
telephone number of the contractor performing the street opening.
[Ord. No. 10-2012 § 8-4]
Written Permit Required. No person, firm, partnership or corporation
shall direct or cause any employee, agent or contractor of such person,
firm, partnership or corporation to open or dig a trench in any public
road, street, highway, avenue or alley until a written permit for
such opening has been issued by the Borough.
[Ord. No. 10-2012 § 8-5; Ord. No. 4-2014 § 2]
Each permittee shall do each of the following things with respect
to each opening for which the permittee is responsible:
a.
Have the opening dug within 30 days after the permit aforesaid is
granted.
b.
Have the material which is taken from the opening placed so as not
to interfere with public use of the highway.
c.
Have proper and ample guards, barricades, signs and lights maintained
on the site to sufficiently warn users of the road, street, highway,
avenue or alley of the dangers attendant to the projects from the
time the opening work commenced until the time the opening is completely
restored and completely reopened to public travel.
d.
Assume full liability for any and all injuries caused by the negligence
of the permittee or the employees or agents of the permittee in constructing
such opening as well as in its maintenance or closing.
e.
Keep said opening open a minimum period of time to accomplish the
purpose of the permittee and close such opening as soon as possible
thereafter.
f.
Comply with the following standards hereby adopted in this Borough
for such openings in public roads, streets, highways, avenues and
alleys:
1.
Protection For Traveling Public. The permittee shall keep such opening
properly guarded and at night have lights placed thereat and, in doing
the work, interfere as little as possible with the travel along the
road and open no greater part of the road at any time than shall be
allowed by the Public Works Manager or the Borough Engineer.
2.
Protection From Claims. The permittee shall indemnify and save harmless
the Borough of Pitman, its officers and servants from and against
any loss, injury or damage resulting from any negligence or fault
of the permittee, his agents or servants in connection with the performance
of the work covered by the permit.
3.
Time Limit. The opening shall be backfilled and semi-permanently
patched immediately, and the pavement shall be restored within two
weeks of the opening date. In case the work has not been completed
before the day of expiration as shown on the permit and the permittee
has not requested and received a written extension of time, the Public
Works Manager or the Borough Engineer may, if deemed advisable, take
steps to backfill the trench and replace a permanent pavement over
the opening for which the permit has been issued, the entire cost
of which shall be the responsibility of the permittee. If any extension
of time beyond said date is needed for the completion of the work,
a new application must be filed, if required by the Borough Engineer
or Public Works Manager.
4.
Maintenance. The restoration at the opening shall be maintained for
one year after acceptance of the opening restoration by the Borough
Engineer or Public Works Manager.
5.
Excavation.
(a)
The applicant shall give a 48 hour notice to the Public Works
Manager or the Borough Engineer prior to making an opening, except
in case of emergency.
(b)
No opening shall be commenced on a Saturday, Sunday or holiday,
except in case of emergency.
(c)
On a bituminous-surface-treated road, the edges of the opening
shall be cut straight through the bituminous surface before the opening
is excavated.
(d)
The work shall be conducted as not to interfere with the water,
sewer or gas mains or any connections with buildings until permission
of the proper authorities shall have been obtained. All rock within
five feet (5') of a water main or other pipe which will be damaged
thereby shall be removed without blasting. No excavation which will
damage trees shall be made without the approval of the Borough Engineer
or Public Works Manager.
6.
Backfilling. The permittee shall completely backfill the excavation
and replace as great a portion as possible of the material excavated,
compacting it by using mechanical tamping equipment and supply additional
material when there is a deficiency. Whenever the Borough Engineer
or Public Works Manager shall deem the material unsatisfactory for
backfill, the permittee shall backfill the trench with select backfill
material, Zone or Type 3, compacted, and shall remove all excess material
from the premises. The material shall be placed in layers not exceeding
six inches (6") in thickness, moistened where and as directed, and
each layer mechanically tamped until thoroughly compacted.
7.
Restoration of Surface Paving and Surface Paving Foundation. After
the backfilling of the opening has been completed as above specified,
the restoration of the pavement shall be governed by the following
applicable rules:
(a)
In the case of an opening in the earth shoulder, the permittee
shall restore the top four inches (4") of the trench or opening with
material capable of supporting the growth of grass and shall fertilize
and seed the surface with grass seed.
(b)
In the case of a gravel pavement, the permittee shall fill in
the top twelve inches (12") of the excavated opening with compacted
State-approved Type I-5 road gravel.
(c)
In the case of a penetration macadam road which consists of
broken stone of various sizes, the permittee may salvage the broken
stone and replace it in the top of the opening similar to the original
pavement and cover it with two inches (2") of hot-mixed bituminous
concrete.
(d)
In the case of a gravel-based bituminous concrete road, the
permittee shall restore the surface with eight inches (8") of compacted
State-approved Type I-5 road gravel with two inches (2") of bituminous
stabilized base, mix I-2 and two inches (2") of FAB-1, mix 5, top
pavement or surface and base similar to existing road, whichever is
greater.
(e)
In the case of a bituminous-treated-gravel road, the permittee
shall restore the surface with twelve inches (12") of compacted State-approved
Type I-5 gravel covered with two inches (2") of FABC-1, mix Type I-5.
(f)
In the case of a concrete surface, the permittee shall construct
a concrete foundation and shall restore the reinforcement and the
concrete pavement as directed by the Borough Engineer or Public Works
Manager.
(g)
In the case of any special condition, the permittee shall restore
the opening as directed by the Borough Engineer or Public Works Manager.
In any case, if the Borough is required to restore the pavement, the
final charges, based on the schedule of costs, shall be billed to
the permittee on the completion of the work by the Borough.
[Ord. No. 10-2012 § 8-6; Ord. No. 4-2014 § 3]
a.
Each applicant for a permit for such opening shall post a cash or
surety company bond with the Borough to cover the estimated costs
of closing the particular opening for which the application is being
made, according to the schedule of estimated costs as from time to
time may be set by the Council of the Borough of Pitman, or as determined
by the Borough Engineer or Public Works Manager.
b.
Each such surety bond shall be executed by the permittee as principal
therein, and the surety company shall be the surety therein, which
surety company shall be one licensed to do business in the State of
New Jersey.
c.
Upon completion of the project by the permittee and the restoration of the public road, street, highway, avenue or alley in accordance with this Chapter, the permittee shall receive back said performance bond upon proper written application therefor and upon approval thereof by the Borough Council, and upon posting of the maintenance bond or cash described in subsection 18-1.3c.
[Ord. No. 10-2012 § 8-7; Ord. No. 4-2014 § 4]
a.
Fees shall be paid when the application is submitted for any street
or road opening as follows:
1.
Application
Fee: $150.00 for the first application per calendar year. The fee
for the second and subsequent applications in the same calendar year
shall be $60.00 per square foot of the proposed street opening.
In the event that the Borough Engineer or Public Works Manager
determines that any excavations for which a permit has been issued
is of greater dimensions than those stated in the permit(s), he shall
so notify the permittee who shall pay the additional fee required
immediately and before continuing any further work in connection with
such excavation or construction.
b.
The fees referred to in paragraph a above shall be paid to and become
the property of the Borough and shall be turned over by the Borough
Clerk to the Borough Treasurer within 48 hours, accompanied by a written
statement of the source of each fee.
[Ord. No. 10-2012 § 8-8]
Unless otherwise specified by the Borough Council, the Borough
Engineer or Public Works Manager shall be the agent and representative
of the Borough to:
a.
Receive all applications, fees and bonds hereunder.
b.
Inspect the sites of the proposed openings.
c.
Inspect openings, warning guards, barricades, signs and lights maintained
or to be maintained at the respective sites by the permittee.
d.
Inspect the closing of openings and restoration of public roads,
streets, highways, avenues and alleys.
e.
Notify the permittee or the Borough, or both, of any failure, refusal
or neglect on the part of permittee or his employees or representatives
to comply herewith.
f.
Make or direct the complaint of and prosecute for and on behalf of
the Borough of any offense under this section.
g.
Administer the provisions of this section for and on behalf and in
the name of this Borough, under the direction of and for the Borough
Council.
h.
Inspect the opening at the end of the maintenance period and report
any discrepancies. Upon receipt of a favorable report with respect
to the condition of the opening from the Borough Engineer or Public
Works Manager, the Borough Council shall discharge the maintenance
bond or return the cash deposit, as the case may be.
[Ord. No. 10-2012 § 8-9]
Nothing in this section shall be understood or construed by
any permittee or other person to absolve any permittee or his employees,
agents or contractors of any responsibility for any damage done to
any person or property in opening or digging a trench in any public
road, street or highway.
[Ord. No. 11-2012; Ord. No. 19-2012]
The owner of any lands and premises in the Borough shall maintain
the sidewalks fronting on such property in a proper and safe manner
and free from obstructions at all times. If replacement of any part
or parts of the sidewalk, curb and/or driveway apron is required because
of deterioration or lack of maintenance, the property owner shall
effect such replacement or repairs as may become necessary to make
the sidewalk safe for pedestrian traffic.
[Ord. No. 11-2012; Ord. No. 19-2012]
a.
If the Public Works Manager or the Borough Engineer shall determine
that sidewalks, curbs and/or driveway aprons abutting any property
are in poor or unsafe condition, the Code Enforcement Officer or Public
Works Manager shall notify the property owner of such condition.
b.
The notice shall contain a description of the property affected,
sufficient to identify it, a description of the repairs to be made,
or a statement that unless the owner or owners complete the same within
30 days after service thereof, the Borough will make the repairs at
the expense of the owner. (N.J.S.A. 40:65-1 et seq.)
[Ord. No. 11-2012; Ord. No. 19-2012]
If the property owner or owners fail to comply to make the specified
repairs to the sidewalks, curbs and/or driveway aprons within 30 days
after the official notice from the Code Enforcement Officer or Public
Works Manager, the Borough may proceed to make the repairs and assess
the costs thereof against the property as a municipal improvement.
[Ord. No. 11-2012; Ord. No. 19-2012]
Nothing in this section shall relieve the responsibility of
the property owner to maintain sidewalks and/or curbs in a safe condition.
[Ord. No. 11-2012; Ord. No. 19-2012]
All repair work shall be done under the supervision of the Borough
Engineer and/or Public Works Manager.
[Ord. No. 11-2012; Ord. No. 19-2012]
All curbs, gutters, sidewalks and/or driveway aprons constructed
or reconstructed in the streets, roads and rights-of-way of the Borough
of Pitman shall conform to the following specifications and dimensions:
a.
Subgrade. The subgrade shall be well drained and compacted to a firm
surface having a uniform bearing power. Any rock or large stone in
the subgrade shall be removed and replaced with the typical subgrade
soil. It shall be wet down so as to be moist immediately before concrete
is placed. The subgrade for sidewalks shall consist of not less than
four inches of sandy gravel or crushed stone.
b.
Materials. All materials used in the construction or reconstruction
of curbs, gutters, sidewalks and/or driveway aprons shall meet the
requirements of the current specifications governing materials approved
by the New Jersey Department of Transportation and shall be approved
by the Borough Engineer.
c.
Strength.
1.
All concrete for curbs, gutters, sidewalks and/or driveway aprons
shall be ready-mixed ordinary Portland cement (OPC) unless otherwise
approved by the Borough Engineer. In either case, concrete shall be
equal to New Jersey Department of Transportation specifications for
Class B concrete for curbs and gutters and for Class C concrete for
sidewalks. Curb and gutter concrete shall contain at least six and
one-half (6-1/2) sacks of cement per cubic yard of concrete and shall
obtain at least four-thousand-pound-per-square-inch strength in 28
days. Sidewalk concrete shall contain at least six sacks of cement
per cubic yard of concrete and shall obtain at least three-thousand-five-hundred-pound-per-square-inch
strength in 28 days. All concrete shall have a maximum water content
of five and one-half (5-1/2) gallons per sack of ordinary Portland
cement (OPC), including free water contained in its aggregates. Concrete
shall have a slump of between two inches and four inches with a maximum
of three-inch (3) slump for concrete curbs.
2.
Air-entraining agents shall be used to provide an air content of
6%, plus or minus 1%.
3.
For ready-mixed concrete, the producer shall certify that the concrete
meets the above specifications, including the quantities of materials
used in making the concrete, together with the designed slump and
air content.
d.
Finishing. Concrete deposited in the forms shall be thoroughly tamped
and vibrated into place in such a manner that the forms are entirely
filled, and the concrete thoroughly compacted, and no honeycombing
shall exist.
1.
For Sidewalks and Driveway Aprons. After compacting the concrete
in the forms, it shall be struck off even with the tops of the forms
with a screen. The surface shall then be finished with a magnesium
float or darby, leveling any raised spots and filling depressions.
Side edges shall be rounded with an edger.
2.
For Curbs and Gutters. Before initial set, the top surface shall
be finished with a magnesium float to a smooth, even, dense finish.
As soon as the setting of the concrete will permit, the removal of
the forms as directed by the Borough Engineer, shall be removed and
the front face shall be finished with a moist wood tool. No tool marks
are to be left on exposed edges.
e.
Dimensions. All curbs, gutters and driveway aprons shall be constructed
of concrete unless written approval for other material is provided
by the Borough Engineer. The dimensions of combination curbs and gutters
shall be six inches at the top of the curb with the face of the curb
on a one and one-half (1-1/2) inch batter, six inches deep to the
gutter, unless otherwise directed by the Borough Engineer. The gutter
shall be eight inches thick and extend at least 24 inches from the
back of the curb. Corners at curb intersections are to be rounded
with a curve of not less than 12 feet radius for sidewalks which are
nine feet or more in width, and for sidewalks six feet to nine feet
in width, a curve of not less than 10 feet radius. On sidewalks less
than six feet in width, the curve radius will be constructed as directed
by the Borough Engineer.
f.
Curing.
1.
Concrete shall be cured by covering all exposed surfaces as soon
as practical with a waterproof paper or polyethylene sheets, suitably
weighted down to prevent evaporation of water in the concrete or by
spraying on a white-pigmented curing compound applied at the rate
recommended by the manufacturer. The waterproof paper or polyethylene
shall remain in place for a period of not less than five days. The
curing compound and its rate of application shall be approved by the
Borough Engineer.
2.
In extremely hot weather, extra care shall be exercised to avoid
high temperatures in the fresh concrete and to prevent drying of the
newly placed concrete. Exposed surfaces with no precautions being
taken to provide protection for the concrete will not be tolerated.
g.
Separate Curb. Should a separate curb be installed, the dimensions
for a separate concrete curb shall be six inches wide at the top and
eight inches at the bottom and the depth of the curb shall be 18 inches.
h.
Driveways. The curb on driveways shall rise one and one-half (1-1/2)
inches above the gutter. The joint shall be of bituminized felt or
sheets of solid bitumen such as is used in standard pavement expansion
joints, and shall meet the requirements of the New Jersey Department
of Transportation and approval of the Borough Engineer. The joint
shall not be less than 1/2 inch in thickness and of the same depth
as the abutting sidewalks of the same specifications as called for
above. Contraction joints shall be provided at 10 foot intervals for
curbs and gutters, and for sidewalks at intervals equivalent to the
sidewalk width, but not more than five feet.
i.
Sidewalk Depth and Width. All concrete sidewalks shall be at least
four inches thick. Concrete sidewalks shall be finished with a "nonskid"
surface. The slope of the concrete sidewalk from the top of the curb
shall be one-quarter (1/4) inch per foot. Sidewalks shall be installed
not less than four feet in width. All sidewalks adjacent to the driveway
apron shall be a minimum of six inches thick and reinforced with a
6"x6", #10 welded wire fabric. The sidewalk shall be poured separately
from the driveway apron, with a bituminous expansion joint placed
between the sidewalk and the apron.
j.
Brick Sidewalks.
1.
Brick sidewalks shall be constructed of building, brick, vitrified
paving or sewer brick and shall be hard-burned and for uniform hardness.
Brick sidewalks shall be constructed on a foundation of compacted
gravel or cinders not less than four inches in depth. The bricks shall
be bedded in a two inch layer of clean sand spread over the foundation.
The bricks shall be laid with close joints, all longitudinal joints
broken by a lap of at least two feet and covered with clean, fine,
dry sand and rammed until the bricks reach a firm, unyielding bed,
and present a surface of the proper grade and slope, and any lack
therein shall be corrected by taking up and re-laying the bricks.
The slope of the brick sidewalk from the top of a curb shall be one-quarter
(1/4) inch per foot.
2.
Brick sidewalks may also be laid in mortar on a one-to-three-to-five-mix
concrete foundation, four inches in depth.
3.
In repairing existing brick sidewalks, a tolerance of not more than
1/2 inch per foot will be allowed on a four foot straight edge, when
laid on the brick sidewalk, shall not be more than one inch above
the bricks at the center of the straight edge, but no individual brick
irregularly will be permitted.
k.
Driveway Aprons. The concrete driveway apron shall be poured separately,
with a bituminous expansion joint placed between the apron and the
depressed curb. The apron shall be a minimum of six inches thick and
reinforced with a 6"x6", #10 welded wire fabric.
[1967 Code § 4-9]
The owners and tenants of lands bordering upon a sidewalk within
the Borough shall remove all snow and ice from the sidewalk within
12 hours of daylight after the same shall fall or be formed thereon.
If such owner or tenant shall refuse or neglect to remove the snow
or ice from the sidewalk, as required by this section, the snow or
ice may be removed under the direction of the Chief of Police of the
Borough.
[New]
The Borough may provide for the removal of such snow or ice
by its own personnel and equipment or by a contractor where the owner
or tenants obligated by this section to do so shall fail to remove
snow or ice as provided by this section. The cost of such removal
of any such snow or ice by the Borough or the Borough Contractor shall
be certified to the Governing Body of the Borough of Pitman by the
officer in charge thereof. The Governing Body shall examine such certificate,
and if found to be correct, shall cause such charge to be against
such real property owned by such owner. The amount so charged shall
be paid to the Borough within 14 days written notice thereof, mailed
or delivered to said owner and that amount if not so paid shall become
a lien and tax upon such real property and be added to and be part
of the taxes next to be levied and assessed thereon and enforced and
collected with interest by the same officers and in the same manner
as other taxes.
[1967 Code § 4-3.1]
a.
No person shall obstruct the free and lawful passage of pedestrians
and vehicles on the streets and sidewalks of the Borough by placing
thereon any goods, wares, merchandise or other articles of trade or
sale, or in any other manner whatsoever.
b.
No person shall grow or permit to grow any shrubs, trees or other
growing things which obstruct the free and lawful passage of pedestrians
and vehicles on the streets and sidewalks of the Borough.
[1967 Code § 4-3.2]
The Police Department is given full power and authority to prevent
obstructions in violation of this section and to remove any such obstructions
after giving to the owner of the premises a reasonable notice to remove
the obstruction.
[Ord. No. 11-2012]
Any person violating any of the provisions of this chapter shall
be subject to a penalty of not less than $50 nor more than $2,000,
and/or for a period of community service not exceeding 90 days.
