[1]
Editor's Note: For State statute authorizing a municipality
to enact ordinances to prescribe the time, manner in which, and terms
upon which persons shall exercise any privilege granted to them in
digging up streets and highways, see N.J.S.A. 40:67-1c.
[1985, Code § 15-1.1]
This section may be cited as the "Street Excavation Ordinance
of the Borough of Ringwood".
[1985 Code § 15-1.2]
As used in this section:
Shall mean any person making written application for the
permit hereinafter mentioned.
Shall mean the excavation and other work permitted under
an excavation permit and required to be performed under this section.
Shall mean any person who has been granted and has in full
force and effect an excavation permit issued under this section.
[1985 Code § 15-1.3]
No person shall dig up, break, excavate, tunnel, undermine or
in any manner break up any street, or make or cause to be made any
excavation in or under the surface of any street for any purpose;
or 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 unless such person shall first have obtained an excavation
permit therefor from the Director of Public Works as hereinafter provided.
[1985 Code § 15-1.4]
No excavation permit under this section shall be issued unless
a written application for the issuance of such permit is submitted
to the Director of Public Works; signed by the person making the application
or by a duly authorized agent. The application shall contain the following
information:
a.
Name and address of the person for whom the work is to be performed.
b.
Name and address of person to perform work.
c.
A detailed plan describing the work to be performed.
d.
Number of square yards of surface to be opened.
e.
Cubic content of surface and earth to be excavated.
f.
Surface type of road to be opened.
g.
Date of commencement and estimated date of completion.
[1985 Code § 15-1.4]
No applications will be accepted for road openings between November
15th and March 15th, except in the event of emergency or except when
deemed necessary by the Director of Public Works or Borough Engineer.
[1985 Code § 15-1.4]
When the Borough shall improve or pave any street, the Director
of Public Works shall first give notice to all persons owning property
abutting on the street about to be paved or improved, and to all public
utilities and authorities operating in the Borough, and all such persons,
utilities, and authorities shall make all connections as well as any
repairs thereto which would necessitate excavation of the street within
30 days from the giving of such notice. The time shall be extended
if permission is requested in writing and approved by the Borough
Engineer or Director of Public Works.
[1985 Code § 15-1.4]
No permit shall be issued to any person given notice under subsection 19-1.6 which would allow an excavation or opening in a paved and improved street surface less than five years old unless the applicant can clearly demonstrate that public health or safety require that the proposed work be permitted or unless an emergency condition exists.
[1985 Code § 15-1.4]
Each applicant, prior to receipt of a permit, shall provide
the Borough with an acceptable Certificate of Insurance indicating
that he is insured against claims for damages for personal injury
as well as against claims for property damage which may arise from
or out of the performance of work, whether such performance be by
himself, his subcontractor or anyone directly or indirectly employed
by him. Such insurance shall cover collapse, explosive hazards and
underground work by equipment on the street, and shall include protection
against liability arising from completed operations. The amount of
the insurance shall not be in an amount less than $100,000 for each
person; $300,000 for each accident; and for property damages an amount
not less than $50,000 with an aggregate of $100,000 for all accidents,
unless a higher amount shall be fixed by the Borough Manager. Public
utilities and authorities may be relieved of the obligation of submitting
an individual certificate if they are insured in accordance with the
requirements of this section.
[1985 Code § 15-1.5; Ord. No. 2017-01]
a.
Fees and Deposits. The application for an excavation permit to perform
excavation work under this section shall be accompanied by:
1.
A fee of $75 for the permit and an inspection fee of $75.
2.
A deposit made to the Borough and forwarded to the Borough Treasurer
as follows:
(a)
$6 per square yard of surface for a roadway or street which
has a bituminous treated surface road; or
(b)
$8 per square yard of surface for a roadway or street which
has a bituminous penetrated macadam, or bituminous concrete surface,
type S.M.; or
(c)
$6 per square yard of surface for roadway or street which has
a dirt or gravel road surface.
|
In no case under paragraph a2 of this subsection shall the deposit
be less than $400, which amount is hereby fixed as the minimum deposit
to accompany the application.
|
b.
Utility Companies. Utility companies regulated by the Public Utilities
Commission of the State of New Jersey shall be exempted from the provisions
of this subsection, except that they shall pay a fee of $75 for the
permit and an inspection fee in the amount of $75 and shall file a
bond with the Director of Public Works Office annually in the amount
of $2,000 as a deposit.[1]
c.
Use of Deposit to Reimburse Expenses Incurred by Borough. Any deposits
as set forth in this subsection shall be available, after notification
to the applicants and hearing by the Borough Council and upon resolution
of the Council, for reimbursement against any expenses incurred by
the Borough for repair of any excavating work done by the applicant.
[1985 Code § 15-1.12; Ord. No.
2017-01]
a.
Any public utility as defined in N.J.S.A. 48:2-13 which desires to
obtain permits under this section may furnish its bond without surety,
in the penal sum of $2,000 running to the Borough and file such bond
with the Director of Public Works. Such bond shall be conditioned
upon compliance with the applicable provisions of this section with
respect to each street opening to be made by such public utility in
the Borough, and shall further provide that the obligation of such
bond shall be a continuing obligation to the full amount thereof with
respect to each such street opening. Whenever any public utility,
which shall have filed such a bond, shall request the Director of
Public Works in writing to issue to it a street opening permit, it
shall be the duty of the Director of Public Works to issue such permit.
b.
Such public utility shall, except in cases of emergency, apply to
the Director of Public Works for a permit at least 24 hours prior
to opening or excavating any street. The application for a permit
shall describe, with reasonable certainty, the street and section
thereof to be opened or excavated and the purpose for such opening
or excavation. In the case of emergencies, a similar permit shall
be taken out after such emergency opening or excavation is made.
[1985 Code § 15-1.6]
Any deposit made hereunder shall serve as security for the repair
and performance of the 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.
The Borough may use any or all of such deposit to pay the cost of
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.
[1985 Code § 15-1.7]
Upon certification by the Director of Public Works that the street has been properly repaired and restored, the deposits referred to in subsection 19-1.9a2 shall be returned to the permittee; except that where streets are constructed of bituminous penetration macadam or bituminous concrete, type S.M., constructed with State or Federal aid funds, the certification shall be by the Borough Engineer.
[1985 Code § 15-1.8]
The work on any street opening shall be commenced within 10
days of the date of issuance of the excavation permit, and such work
shall proceed with due diligence to its completion. If for any reason
the work on the opening is not commenced within a period of 10 days,
the permit shall be void. In such case, any deposit held by the Borough
shall be returned to the permittee upon surrender of the excavation
permit, unless an extension of time within which to commence the work
is granted by the Borough in writing and endorsed on the permit.
The permittee shall then commence the work within the time set
forth under the extension and excavation permit. In such case, any
deposit held by the Borough shall be returned to the permittee upon
the surrender of the permit upon which such extension is endorsed.
The work under any extension shall proceed with due diligence to its
completion.
[1985 Code § 15-1.9]
The Director of Public Works shall have full supervision over
any opening to be made in any street under any permit granted under
this section.
[1985 Code § 15-1.10]
a.
Every opening and all excavations and backfilling shall be done by
the person to whom any permit is issued. Such person shall give reasonable
notice to the Director of Public Works or the Borough Engineer or
other person designated by the Borough before any backfilling is Commenced.
b.
Whenever an opening is made in a paved road, the surface pavement
shall be cut with an approved pavement cutter no wider than one foot
outside of either side of the pipe to be laid. Should ground conditions
warrant a wider opening, such widening and the method for same shall
be with the consent of, and under the supervision of, the Director
of Public Works or the Borough Engineer.
c.
All pavements or surfaces over any opening for which any permit is granted under this section shall be replaced by the permittee by a temporary pavement of a bituminous concrete, type A, immediately after filling. Permanent pavement is to be restored by permittee, not less than 30 nor more than 60 days after opening is made, unless this time is extended by the Director of Public Works or the Borough Engineer, depending on road or weather conditions. Should the permittee fail to do so, the deposit provided for under subsection 19-1.9a2, or such portion thereof as may be necessary, shall be used to pay the cost of consolidating the material used, to refill the opening and to replace the pavement or surface. The balance, if any, of the deposit shall be returned to the applicant 12 months after the issuance of the permit, if the surface is then in good condition, or as soon thereafter as any necessary repairs thereto are made, upon presentation to the Borough of the original excavation permit and the signing by the applicant of a receipt for the amount so returned.
d.
All excavations shall be made in open trenches except where otherwise
permitted or directed by the Director of Public Works or Borough Engineer.
e.
The sides of the excavation shall be supported when necessary by
suitable planks and shoring which shall be drawn as the work progresses,
unless the Director of Public Works or the Borough Engineer orders
the same left in place.
f.
All the work of excavation and backfilling shall be prosecuted with
all possible vigor.
g.
All trenches shall be backfilled by depositing therein the earth
in layers of not more than six inches in depth with each layer thoroughly
tamped and, if required by the Director of Public Works or the Borough
Engineer, flushed with water, or both.
h.
Surplus earth shall not be piled over filled openings so as to interfere
with traffic.
i.
All old paving material shall be carefully conserved and placed over
the trench in as good condition and as near the street grade as practicable,
and all surplus material and rubbish of any kind shall be promptly
removed by the person to whom the permit is issued.
j.
Where excavation is made in a tunnel beneath a concrete pavement
having a concrete base, the tunnel shall be backfilled with concrete
composed of one part of Portland cement and nine parts of hard steam
boiled cinder or other approved material tamped in place so that the
cavity is completely filled; provided, however, that before any work
of tunneling is commenced, the method of such tunneling shall be first
approved by the Director of Public Works or the Borough Engineer.
k.
Whenever possible, the permittee shall make the necessary excavation
on either side of the pavement, if possible, in order to make his
connection rather than to excavate the pavement proper. In order to
reach a main on the opposite side, he shall drive a pipe from one
excavation to the other so as not to disturb the pavement.
l.
The filling of gutters along any Borough road by dirt, fill, earth,
or other materials is hereby prohibited. The obstruction or damage
to any Borough road by spilling or filling of surplus materials, or
throwing of stones, dirt, earth or any other materials thereon is
hereby prohibited.
[1985 Code § 15-1.11]
The excavation and all piles of excavated material or any material
used in the work to be performed in the opening for which a permit
is issued shall be carefully guarded and lighted, or caused to be
carefully guarded and lighted by the permittee. The permittee shall
guard the excavation by the erection of suitable barriers and notice
of such excavation by day, and sufficient and suitable lights at night,
and by such other reasonable structures of notice as the Director
of Public Works or Borough Engineer shall prescribe. The permittee
shall be liable for any neglect to safeguard the traveling public.
[1985 Code § 15-1.13]
In case of emergency, any person may make an excavation in,
or open the surface of, any public street, sidewalk or other public
place without first having obtained a permit therefor; provided, such
person shall have first obtained oral emergency approval from the
Director of Public Works. Such person shall make application for a
permit within two business days after the occurrence of such emergency.
For the purpose of this section, emergency shall mean a condition
or circumstance which involves immediate danger to life or property,
or both, or which involves a possibility of interruption or curtailment
of any service furnished by the public utility.
[1985 Code § 15-1.14]
If the excavation or opening is to extend across the entire
width of a public street, no more than one-half of the road shall
be opened at one time and such half shall be backfilled before the
other half is opened, so as to permit the free flow of traffic.
[1985 Code § 15-1.15]
The applicant, in accepting a permit under this section, shall
be deemed to have agreed to be liable for, and to indemnify and save
harmless, the Borough from and against, any and all loss or costs
or damages incurred by reason of any damage to any property, injury
to any person or any loss of life resulting from his negligence or
the negligence of his agents, servants or employees in undertaking
or performing the work covered by the permit, or in failing to properly
guard or maintain the opening or excavation or excavated material
or other material used or to be used in the work.
[1985 Code § 15-1.16]
Any person aggrieved by any action of the Director of Public
Works or the Borough Engineer or any other Borough official in the
enforcement of any provisions of this section shall have a right of
appeal to the Borough Council. This appeal must be taken within 14
days after the action complained of has occurred. Appeals shall be
made in writing to the Borough Council, and shall set forth the reasons
for the appeal. The Borough Council thereupon shall set a date for
a hearing to take place within 30 days after receipt of the request
for a hearing.
[1985 Code § 15-1.17]
The Borough may, at any time, revoke or annul any permit, or
extension endorsed thereon, for cause, or for making any opening not
in accordance with the permit granted, or for failure or neglect to
pursue the work in accordance with such permit, or by reason of any
condition which would, or the Borough fears might, prove to be dangerous
or injurious to any person or property, or the Borough deems harmful
to, or not in the best interests of the Borough. Every person receiving
a permit or any extension thereof shall accept the same subject to
the foregoing provisions, without any liability or responsibility
attaching to the Borough for any loss or damage that might result
by reason of such revocation.
[1985 Code § 15-1.18]
Nothing contained in this section shall be construed as requiring
the issuance of a permit for the performance of any opening or excavating
by the Borough, or any person who is under a contract with the Borough,
for the construction of sewers, drains or street improvements.
[1985 Code § 15-1.19; New]
[Ord. No. 2005-#13]
a.
Upon a report from the Police Department, Fire Department, Public
Works Department, or Rescue Squad that a private road is impassable
for emergency vehicles, the Borough's Public Works Director or designee
should undertake remedial road work, whenever practicable, sufficient
to allow emergency vehicle use.
b.
The Borough shall schedule the removal of snow from private roads
when snowfall accumulation is such that it significantly impairs emergency
vehicle access on such roads.
c.
Notwithstanding the above, any Borough remedial work to make private
roads accessible for emergency vehicles is not meant to be fully restorative,
but to temporarily address or alleviate a situation for which concerted
private action by the immediately affected residents and or property
owners is deemed impractical or inappropriate; nor should any such
Borough work unduly interfere with or compromise the Borough's clear
obligations to maintain public roads and to provide for the public's
safety generally.
d.
In the Borough's discretion, it may require hold harmless agreements
to be executed by affected residents and or property owners to protect
the Borough from any claims or suits in connection with the actions
to be taken by the Borough under this subsection.
[1985 Code § 15-2.1]
It is hereby found and declared that:
a.
The level terrain of certain areas of the Borough presents peculiar
problems with respect to the disbursing of storm and ground waters.
b.
It is in the interest of the public health, safety and welfare that
all drainage structures in the Borough be adequately constructed to
proper grade and maintained in good working order.
[1985 Code § 15-2.2]
No person shall erect, construct, or install a drainage ditch,
culvert, drainpipe, bridge or any other type of drainage structure
or obstruction affecting the drainage of any premises, driveway, street
or roadway, or install any culvert, drainpipe or drain at any driveway
without first obtaining a permit therefor from the Director of Public
Works.
[1985 Code § 15-2.3]
a.
Application for the permit required by subsection 19-2.2 shall be filed with the Director of Public Works.
b.
The application shall be in writing and shall be accompanied by a
$25 fee.
c.
The application shall set forth or be accompanied by:
1.
A map or diagram of the property with the location of all existing
and proposed drainage ditches, culverts, streams, brooks, drainpipes
and any other types of drainage structures;
2.
The percent of grade of the flow line of the proposed drainage structure,
pipe or other construction; and
3.
The disposition which will be made of the water to be drained or
channeled from the premises.
[1985 Code § 15-2.4]
The permit shall be granted by the Director of Public Works
if all the proposed drainage structures meet the following requirements:
a.
All drainage structures which drain water off the premises of the
applicant shall be extended and tied into the storm drains, ditches
or other existing publicly-owned or controlled drainage for the area,
and the pipe or structure shall be of sufficient size and installed
to the proper grade, taking into consideration the size of the area
to be drained.
b.
Any culvert or pipe proposed to be located at a driveway shall be
so located or laid as not to interfere with the normal use or repair
of the streets or roads or with snow plowing of the streets or roads.
c.
The proposed drainage structure shall meet good construction and
engineering practices.
[1985 Code § 15-2.5]
a.
All drainage ditches, culverts, drains, pipes and drainage structures
shall be kept open and free-flowing at all times.
b.
No person shall throw or place, or cause to be thrown or placed,
any debris or material of any kind into any drainage ditch or drainage
structure under the control of the Borough, or any municipal, County,
State or Federal governmental agency.
[1985 Code § 15-2.6; New]
[1]
Editor's Note: For statutes authorizing a municipality to
enact ordinances for the trimming of plant life near street intersections,
see N.J.S.A. 40:48-2.26 and N.J.S.A. 40:48-2.2.
[1985 Code § 15-3.1]
As used in this section:
Shall mean any brush, hedges and other plant life on lands
within the Borough.
[1985 Code § 15-3.2]
The existence of plant life growing within 10 feet of any roadway
and within 25 feet of the intersection of two roadways, or at any
other location where the growth of plant life interferes with vehicular
safety by limiting sight on public roadways and a height of plant
life in excess of 2 1/2 feet is inimical to the preservation
of public safety and general welfare and is likely to constitute a
traffic hazard.
[1985 Code § 15-3.3]
Whenever it shall appear to the Borough Manager that the existence
upon any land within the Borough of plant life growing within 10 feet
of any roadway and within 25 feet of the intersection of two roadways
and exceeding 2 1/2 feet in height is hazardous to the public
safety or welfare of the residents or those using its highways, or
constitutes a safety hazard, the owner or tenant of any such lands
shall be required to cut such plant life to a height of not more than
2 1/2 feet within 10 days after service of written notice from
the Director of Public Works requiring such trimming or cutting.
[1985 Code § 15-3.4]
Such notice may be served upon the owner or tenant of the lands
by delivering a notice to him or by mailing it by certified mail,
return receipt requested, addressed to him at his last known address.
Delivery of the notice shall mean handing it to the owner or the tenant,
or leaving it at his dwelling house or usual residence with a competent
member of his family of the age of 14 years or over then residing
therein. Service by mail shall be deemed complete upon the date of
delivery of certified mail as appears on the return receipt from the
postal authorities.
[1985 Code § 15-3.5]
Every such notice shall, in addition to requiring the cutting
as aforesaid, warn the owner or tenant of the lands to which it refers
that failure to accomplish such cutting will result in the cutting
by, or under the direction of the Director of the Department of Public
Works. The notice shall also state that in the event of the cutting
as designated above, the cost of such cutting shall forthwith become
a lien upon the lands and shall be added to and become a part of the
taxes next to be assessed and levied upon the same, to bear interest
at the same rate and to be collected as in the case of such taxes.
[1985 Code § 15-3.6]
Whenever the owner or tenant receiving notice to cut any plant
life from his lands shall have neglected or refused to effect the
cutting of the plant life in the manner and within the time provided,
such cutting shall be accomplished by or under the direction of the
Director of Public Works who, upon completion thereof, shall certify
the cost to the Mayor and Council. The Mayor and Council shall examine
the certificate and if it shall find the certificate to be correct,
the cost so certified shall be charged against these lands. The amount
of such charge shall become a lien upon the lands and shall become
and form a part of the taxes to be assessed and levied upon these
lands, to bear interest at the same rate as taxes, and to be collected
and enforced by the same officers, and in the same manner as taxes.
[1985 Code § 15-3.7; New]
[1985 Code § 15-4.1]
[1985 Code § 13-8.11]
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
the sidewalk and curb abutting the building or structure free from
obstruction or nuisances of every kind, and to keep sidewalks, areaways,
backyards, courts and alleys free from litter and other offensive
material. No person shall sweep into or deposit in any gutter, street,
catch basin or other public place any accumulation of litter from
any public or private sidewalk or driveway. Every person who owns
or occupies property shall keep the sidewalk in front of his or her
premises free of litter. All sweepings shall be collected and properly
containerized for disposal.
[1985 Code § 15-4.2; New]
[Added 3-16-2021 by Ord. No. 2021-03]
a.
Owners of
property abutting any street or public right-of-way and/or easement
are required to trim or remove trees or branches in the street, public
right-of-way and/or easement, contiguous to their property or on their
property which encroach into the street, public right-of-way and/or
easement and which create a dangerous condition or interfere with
or obstruct the intended use of the street, public right-of-way and/or
easement. Trees with dead or overhanging branches are a potential
hazard to people and or motor vehicles and are required to be trimmed
or removed. The municipality shall provide written notice to the property
owner by posting notice on any tree or part that is to be trimmed
or removed and shall also mail such written notice to the property
owner or personally serve the said written notice upon an occupant
of the property of the age of 14 years or older. The notice shall
give the property owner a period of time of at lease 10 days or a
shorter period of time if necessary, for public safety, to trim or
remove the trees and or branches. If the property owner does not trim
or remove the trees or branches after a period of at least 10 days,
or a shorter period of time if necessary, for public safety, the municipality
shall do so at the property owner’s expense. The cost of trimming
or removing the trees shall become a lien on that property and shall
be included in the next tax bill rendered to the property owner. Same
shall be collected in the same manner as other taxes against that
property.
b.
For any
road maintained by the Borough of Ringwood that is lined with trees,
plantings or has any other object within its right-of-way and/or easement,
said trees, plantings or any other object, regardless of the installer,
shall be maintained by the fronting property owner.
