Borough of Union Beach, NJ Chapter 12 Streets and Sanitation

§ 12-1 EXCAVATION OF STREETS.

§ 12-1.1 Permit Required.

[Ord. No. 254, § 1; Ord. No. 630; Ord. No. 2017-264]

It shall be unlawful for any person, corporation or other legal entity to dig or excavate any street, sidewalk, curb, driveway apron, pavement or other public place or area within the public right-of-way or any part thereof, within the borough for the purpose of laying down rails, pipes, mains, conduits, or for any other purpose whatsoever, unless and until a written application as herein provided be first made to and a permit therefor be first granted by the borough public works director and a minimum twenty-four-hour notice is provided to the public works director prior to the start of any work.

§ 12-1.2 Permit Application. [1]

[Ord. No. 254, § 2; Ord. No. 477; Ord. No. 630; Ord. No. 2017-264]

The written application shall be signed by the applicant and accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to said excavation and of the proposed excavated surfaces, the location of the excavation work, and such other information as may be prescribed by the borough public works director including complete plan, profile and details of any proposed curb, sidewalk, pavements or other proposed improvements. In addition, the length of time the work will require and in which the excavation and restoration hereinafter provided will be completed should be stated on the application.

[1] Sample of Permit Application is included as an attachment to this chapter.

§ 12-1.3 The Borough of Union Beach Road Opening and Repair Directive.

[Ord. No. 254, § 3; Ord. No. 630; Ord. No. 2000-813; Ord. No. 2017-264]

a. Application Fee, Repair Deposit and Inspection Fees.

1. The application for an excavation permit to perform excavation work under subsection 12-1.3 of this section shall be accompanied by a repair deposit, unless a performance guaranty is accepted in lieu thereof pursuant to subsection 12-1.5 of this section. Such cash repair deposit shall take the form of cash or certified check, payable to the Borough of Union Beach, and shall be received by the borough prior to the issuance of any permit.

2. The amount of the cash repair deposit required for openings in streets paved with concrete or bituminous concrete or within sidewalk or driveway aprons shall be in accordance with the following schedule. Please note the minimum cash repair deposit amount shall be $500.

Pavement Disturbance	Cost Per Square Foot	Pavement Disturbance	Cost Per Square Foot
0 to 49 Square Feet	$500 minimum	500 to 599 Square Feet	$6.50 per Square Feet
50 to 79 Square Feet	$10 per Square Feet	600 to 699 Square Feet	$6 per Square Feet
80 to 99 Square Feet	$9 per Square Feet	700 to 799 Square Feet	$5.50 per Square Feet
100 to 199 Square Feet	$8.50 per Square Feet	800 to 899 Square Feet	$5 per Square Feet
200 to 299 Square Feet	$8 per Square Feet	900 to 999 Square Feet	$4.50 per Square Feet
300 to 399 Square Feet	$7.50 per Square Feet	1,000 to 4,999 Square Feet	$4 per Square Feet
400 to 499 Square Feet	$7 per Square Feet	5,000 to - Square Feet	$3 per Square Feet

The amount of the cash repair deposit in streets not constructed of concrete or bituminous concrete shall be in accordance with the following schedule.

Pavement Disturbance	Cost Per Square Foot
0 to 149 Square Feet	$1.50 per Square Feet
150 to 999 Square Feet	$1.25 per Square Feet
1,000 to 4,999 Square Feet	$1 per Square Feet
5,000 to - Square Feet	$0.75 per Square Feet

3. The repair deposit made hereunder shall serve as security for the inspection, repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper backfilling of the opening and the excavation work performed in accordance with the excavation permit. Upon the permittee's completion of the work covered by such permit, and approval by the borough engineer to determine the work is in conformity with this section as determined by the borough, one-half of the remaining cash deposit shall be refunded by the borough to the permittee and the balance shall be refunded by the borough to the permittee upon the expiration of two years from the date of final approval of the work upon the borough engineer's determination that the permittee has performed the work remains in conformity with this section and that no corrective action is required.

4. In the case of excavation or removal or alteration of other public improvements such as drainage, utility pole relocation, etc., the borough engineer/department of public works shall determine in each case the amount of cash repair deposit in sum total sufficient to allow the borough to perform all required repairs and restorations. The amount shall be estimated to include gross borough costs, including fees, temporary maintenance costs, permanent restoration costs, engineering costs, etc.

5. Cash repair deposits may be waived in the case of installation or repair of sidewalk by the owner or by a person acting for the owner of real property and may be waived in the case of installation of new public improvements by a subdivider or site developer in accordance with the approved plans without cost to the borough; however, that such waiver will not be granted if, in the opinion of the borough, a cash repair deposit is necessary to assure protection of existing improvement or to guarantee against damages during construction.

6. In addition, the application for an excavation permit shall be accompanied by a permit application fee in cash or other form acceptable to the borough. The fee shall cover the cost of the application review, inspection fee and other administrative matters. The fee is based on a percentage of the repair deposit as outlined above in accordance with the following schedule. In no case shall a permit fee charge be less than $150. A copy of the permit shall be kept on site at all times.

Repair Deposit	Percentage
$500-$1,999	15%
$2,000-$2,999	13%
$3,000-$4,999	9%
$5,000-Over	7%

7. Equipment or machinery having crawler tracks or other treads that mar or damage pavements shall not move over or operate from newly constructed or existing pavements unless precautions are taken to prevent damage.

Any damage to existing utilities or newly constructed or existing pavements within the limits of the excavation, or adjacent hereto, which in the opinion of the borough engineer/department of public works was caused by the permittee's operations, shall be repaired as directed, at the permittee's expense or the repairs will be made by the borough and the cost of such repairs will be deducted from cash deposit.

Any restrictions of required traffic lane widths or diversion of traffic, at any time, are subject to approval.

8. Insurance. A permittee, prior to commencement of excavation work hereunder, shall furnish the borough satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the excavation permit public liability insurance of not less than $1,000,000 for any one person and $300,000 for any one accident and property damage insurance of not less than $500,000 duly issued by an insurance company authorized to do business in this state. In cases where the character or nature of the proposed excavation work as such as to present an unusual hazard or a higher than normal risk of damage or injury the borough council may require increased amounts of liability and property damage insurance.

9. Specifications. The New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, 2007, shall serve as the standard for pavement repair. Pavement repair requirement shall be set by the public works director or borough engineer on a case-by-case basis. In addition, traffic maintenance and protection during construction shall be in accordance with the Manual on Uniform Traffic Control Devices. The permittee shall be responsible for installation and maintenance of the property traffic maintenance and protection devices, notification of all authorities and agencies, and for site safety.

10. If it is determined by the Union Beach Police Department that a traffic safety officer is required, all costs shall be the responsibility of the permittee and the costs shall not be included in the application fee or cash repair deposit.

b. Pavement Openings. All utility road openings through existing pavement for excavation purposed shall be saw cut to provide a neat edge. The saw cut requirement may be waived by the borough engineer/public works director and will be on a case-by-case basis. Where trenches are to be two feet or more in depth, the base pavement shall be removed to at least 12 inches beyond the outer limits of the trench. The face of the remaining pavement shall be approximately vertical.

c. Excavation and Backfilling Requirements.

1. All trench openings shall be neatly saw cut. Unless specifically allowed, in writing, by the department of public works for unusual circumstances, no excavation work area shall remain open overnight.

2. All applications for excavations exceeding four feet in depth shall be accompanied by engineering plans showing how the excavation will be protected from side-wall collapse and damage to adjoining property and structure.

3. Unless otherwise allowed, the contractor shall backfill all trenches at the end of each working day with a DGA material or with granular borrow material. Rocks larger than six inches may not be included in backfill. Backfill material shall be deposited in 12 inch lifts and mechanically compacted to a minimum 90% Modified Proctor Density to an elevation of eight inches below finished roadway grade. Hot Mix Asphalt 19M64 base course is to be placed to the elevation of finish roadway grade and remain in place for a minimum period of three months. Consolidation will not be acceptable as a method to achieve the soil densities specified.

4. The backfilling, replacement of subbase, and installation of base course shall be completed within 24 hours after commencement of work.

d. Restoration of the Surface.

1. Bituminous concrete Roads (See Detail "A").[1]

(a) Following compaction, the permittee shall install no less than six inches of dense graded aggregate followed by eight inches of Hot Mix Asphalt 19M64 base course to the trench. If the distance from the edge of the excavation work area to the existing curb or roadway edge is less than two feet, the permittee shall be required to excavate to the curb and evenly install six inches of dense graded aggregate followed by eight inches of Hot Mix Asphalt 19M64 base course in the entire area.

(b) The partially restored pavement shall be allowed to settle for no less than 90 days and nor more than 180 days. The permittee shall have the responsibility to monitor and maintain the trench so that a depression does not develop. If at any time during the settlement period the trench becomes unacceptable in the view of the department of public works or borough engineer, the permittee shall be notified of the condition requiring repair, and such repair shall be performed by the permittee within 24 hours of such notification by the Union Beach Public Works Department or borough engineer. In the absence of such repair, the borough may use bond or cash deposit fees to repair said trench.

(c) Following the period of settlement, the permittee shall be required to mill the excavation work area surface as specified in paragraph d, 1(d) below and install no less than two inches of Hot Mix Asphalt 9.5M64 surface course. The permittee shall also be required to provide a tack coast on all existing bituminous concrete surfaces and a hot-poured, rubber asphalt joint sealer per Section 401 of DOT Standard Specifications for Roads and Bridges.

(d) All longitudinal excavations shall require milling and restoration of the excavation work area extending a minimum of one foot beyond the outer edges of the excavation or if the distance from the edge of excavation work to the existing curb or roadway edge is less than two feet, the permittee shall be required to mill the curb or edge of roadway and install no less than two inches of Hot Mix Asphalt 9.5M64 surface course. (See Detail B)[2]

[2] Editor's Note: Detail "B" referred to herein, may be found on file in the office of the director of public works.

(e) All pavement repairs on roadways constructed within five years of the date of the permit or as directed by the borough engineer/public works department and all square excavations or longitudinal excavations less than 100 square feet shall be repaired using infrared thermal bond seamless bituminous pavement patching to provide a seamless permanent restoration. The area heated should extend a minimum six inches beyond the perimeter of the trench.

(f) The permittee shall be required to replace any facilities including but not limited to curb, pavement, sidewalk, line striping, etc. that are affected by the excavation and restoration work.

(g) With department of public works or borough engineer's approval, the centerline of road milling and restoration may be offset by the distance necessary to avoid disturbing the existing lien striping or markets.

[1] Editor's Note: Detail "A", referred to herein, may be found on file in the office of the director of public works.

2. Concrete Roads (See Detail "C").[3]

(a) Following compaction, the permittee shall install no less than six inches of dense graded aggregate base course to the trench. If the distance from the edge of the excavation work area to the existing curb or roadway edge is less than two feet, the permittee shall be required to excavate to the curb and evenly install six inches of dense graded aggregate base course in the entire area.

(b) The permittee shall install #3 longitudinal and traverse reinforcing bars as shown on Detail "C" (two rows spaced four inches apart). Steel dowels (18 inches long, 1 1/8 inch diameter) shall be set in predrilled holes in the existing concrete pavement spaced every two feet along edge. Following approval by the borough engineer, the permittee shall then follow with eight inches of 4,000-psi concrete bringing the finished trench to grade.[4]

[4] Editor's Note: Detail "C" referred to herein, may be found on file in the office of the director of public works.

(c) The permittee shall be required to replace any facilities, including but not limited to curb, pavement, sidewalk, line striping, etc. that are affected by the excavation and restoration work.

(d) All repairs to concrete driveway aprons, sidewalks and curb shall be in accordance with New Jersey Department of Transportation (NJDOT) standard specifications. 2007 Edition.

If at any time during the first two years following restoration the trench becomes unacceptable in the view of the department of public works or borough engineer, the permittee shall be notified of the condition requiring repair and such repair shall be performed within 24 hours of such notification.

[3] Editor's Note: Detail "C" referred to herein, may be found on file in the office of the director of public works.

e. Maintenance Procedures. Performance bond will be released when final pavement restoration is approved by the department of public works. Such release shall be subject to the permittee agreeing to maintain the restored excavation work areas for a period of two years from the date of final approval of the work and posting a maintenance bond to guarantee same. As such, the borough shall retain as a cash retainage 50% of the cash repair deposit and/or performance guaranty during the two-year period.

If an inspection reveals that the restored excavation area becomes unacceptable, the department of public works or borough engineer shall notify the permittee that he must repair the area in accordance with the aforementioned procedure within 30 days from the date of notification or sooner if safety on public conveyances is involved. If the permittee fails to repair the trench within this time limit, the borough will utilize the permittee's cash retainage and maintenance bond to pay for the cost of the repairs.

Upon termination of the two-year maintenance period, any remaining portions of said maintenance bond that has not been expended shall be returned to the permittee without interest.

f. Temporary Patching. The permittee may be required to place a temporary surface over openings made in paved traffic lanes if the road must be reopened before the normal completion of the work. Except when the permanent replacement pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the existing pavement shall be tamped into place, properly graded and topped with a minimum of six inches of bituminous patch material which is suitable to maintain the opening in good condition until permanent restoration can be made, but in no case shall temporary patch be used for more than seven days.

g. Trenches in Pipe Laying. Except by special permission from the borough engineer, no trench shall be excavated more than 150 feet in advance of pipe laying or left unfilled for more than 150 feet where pipe has been laid.

h. Sidewalk Excavations. Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over said excavation on the line of the sidewalk, which bridge shall be at least three feet wide and securely railed on each side. This requirement may be waived by the department of public works or borough engineer if found unnecessary or unreasonable.

i. Urgent Work. If traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the department of public works shall have the power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day, for the duration of the project so that such excavation and repair work may be completed as soon as possible. In enforcing this provision, the borough does not assume under any circumstances the responsibility for the health and safety of the contractor's employees, subcontractor, or other agents acting on behalf of the contractor, the public or third parties.

j. Action. In the event of any emergency in which a sewer, main, conduit, or utility in or under any street breaks or bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the owner or operator of any such sewer, main, conduit or utility, without first applying for and obtaining a permit, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. All emergency utility repairs shall be reported immediately to the Union Beach Police Department. The owner or operator shall apply for an excavation permit not later than the end of the next succeeding day during which the department of public works is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit.

k. Notice and Inspections. Twenty-four hours prior to the commencement of work, the permittee shall notify the department of public works and request that an inspector be present to observe the excavation and restoration. All work shall be inspected and approved by the borough engineer's office. The permittee shall also call for a utility markout prior to undertaking any excavating activity.

l. Maintenance and Protection of Traffic. When vehicular or pedestrian traffic or both are to be maintained within the scope of the project, the contractor shall plan and carry out the work to provide for the safe and convenient passage of such traffic in accordance with the Uniform Traffic Safety Code.

When the construction involves improvement of an existing roadway, the roadway shall be kept open to traffic unless otherwise approved or shown on the plans.

The portion of the project which is opened to traffic shall be kept in such condition that traffic is adequately accommodated. Temporary approaches or crossings and intersection, and access to trails, roadways, businesses, parking lots, residences, garages and farms shall be provided and maintained in a safe condition. The owners of adjoining properties shall be given a written notice at least 48 hours prior to the beginning of any work which interferes with owner's normal passage.

The roadway shall not be closed to traffic without first notifying the Union Beach Police Department a minimum 24 hours in advance. All roadway closures are to be in accordance with the Union Beach Traffic Safety Code. If it is determined by the Union Beach Police Department that a traffic safety officer is required, all costs shall be the responsibility of the permittee and the costs shall not be included in the application fee or cash repair deposit.

§ 12-1.4 Terms of Permit. [1]

[Ord. No. 630; Ord. No. 96-752; Ord. No. 2000-813; Ord. No. 2017-264]

a. All street excavation permits issued by the director of public works shall expire one year from the permit issuance date. Upon expiration, the applicant will be required to apply for a new permit, pay appropriate excavation permit fees, supplement (if required) any deficient repair deposits and shall furnish the director of public works satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation work and the period of excavation permit, public liability insurance in accordance with limits and conditions within subsection 12-1.3a.8 insurance.

b. Five-Year Restriction on Street Openings on Newly Paved Borough Streets.

1. Five-Year Restriction Notice. Whenever the Mayor and Council of the Borough of Union Beach enact any ordinance or resolution providing for the paving or repaving of a borough road, the public works director may be required to promptly serve written notice thereof to each owner of any sewer, main, conduit, or other utility in or under said borough road and to the owner and tenants of any real property abutting the said affected borough road.

2. Such notice shall notify such owner or tenant that no permit shall be issued for openings, cuts, or excavations in said borough road for a period of five years after the date of enactment of such ordinance or resolution without written consent of the public works director. Such notice shall also notify such owner and tenant that applications for permits, for work to be done prior to such paving or repaving, shall be submitted promptly in order that the work covered by the permit may be completed not later than 45 days from the date of enactment of such ordinance or resolution. If service of the notice cannot be made by mail or personally, notice may be given by attaching a copy thereof to the premises and by further posting signs at both ends of the proposed construction or reconstruction.

3. The public works director may also be required to publish notice of proposed paving or repaving of any borough road in one or more newspapers circulating in the area where the work is proposed to be done, notifying all owners and tenants that any excavation most be completed not later than 45 days from the date of the enactment of the borough ordinance or resolution authorizing the paving or repaving.

Within said 45 days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions on this subsection, as may be necessary to install or repair sewers, mains, conduits, or other utility installations. In the event any owner or tenant of real property abutting said borough road shall fail with said 45 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts or excavations in said borough road, shall be forfeited for a period of five years from the date of enactment of said ordinance or resolution. During the said five-year period no excavation permit shall be issued to open, cut, or excavate in said borough road unless the public works director or borough engineer determines in writing that an emergency exists which makes it absolutely essential that the excavation permit be issued or that the said proposed work can be completed, with such written conditions signed and agreed upon by the applicant and the public works director or borough engineer may require, without undue impairment of the paving or repaving completed.

[1] Editor's Note: Former subsections 12-1.4 through 12-1.7 previously codified herein and containing portions of Ordinance Nos. 254, 581 and 630 were repealed in their entirety by Ordinance No. 2000-813. Former subsections 12-1.8 through 12-1.10 were renumbered as subsections 12-1.4 through 12-1.6 by ordinance No. 2000-813.

§ 12-1.5 Inspection.

[Ord. No. 630; Ord. No. 96-745; Ord. No. 2000-813; Ord. No. 2017-264]

The borough engineer, or in an emergency or on weekends, the public work department or police department, shall make such inspections as are reasonably necessary. The cost of such inspections will be paid for by the application fee and the monies obtained from the street excavation permit fee, which shall be used to defray these and other administrative costs associated with the enforcement of this section. The borough engineer, or in an emergency, or on weekends, the public work department or police department, shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this section.[1]

[1] Editor's Note: The regulations contained herein are in addition to the inspection requirements set forth in subsection 12-1.3k. Notice and Inspections.

§ 12-1.6 Penalty.

[Ord. No. 630; Ord. No. 2000-813; Ord. No. 2017-264]

Any person, corporation or other legal entity violating any of the provisions of this section shall be subject to the penalty as stated in Chapter 3, Section 3-1.

§ 12-2 PROTECTION OF STREET SURFACES.

§ 12-2.1 Regulations.

[Ord. No. 306; Ord. No. 2003-21; Ord. No. 2017-264]

a. No person shall place any material in any gutters along any street within the borough in any stoppage of drainage along these streets.

b. No person shall obstruct or damage any street surface without the borough by spilling or throwing stones, or direct other materials thereon.

c. No person shall divert surface or other waters, or pump any water on any street within the borough, or do any act upon properties abutting any street within the borough resulting in the spillage of water from these properties to the streets, except in an unusual or emergency situation, as determined by code enforcement official.

§ 12-2.2 Penalty.

[Ord. No. 306; Ord. No. 2017-264]

Any person violating any of the provisions of this section shall be subject to a fine as stated in chapter 3. Section 3-1.

§ 12-3 CONSTRUCTION OF CONCRETE SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS.

§ 12-3.1 Construction Standards.

[Ord. No. 41; Ord. No. 2017-264]

The construction of concrete sidewalk, curbs, gutters and driveways in the borough either by private parties or under borough contract shall be in accordance with the New Jersey Department of Transportation Standard Specification for Road and Bridge Construction 2007, Section 606 and 607 and the Standard Details on file in the office of the public works director.

a. Dimensions and Construction.

1. Gutters shall be at least three feet wide and six inches thick, but crossing streets shall be shallow and eight inches thick, reinforced.

2. Driveways shall be six inches thick, bottom at curb to be variable above gutter. Curbs shall be six inches wide at top, eight inches at bottom, and 18 inches deep, with batter on gutter side.

3. Sidewalks shall be at least four feet wide, and four inches thick except in driveway crossings to be six inches thick reinforced; slope toward curb one-quarter inches to foot.

4. All concrete shall be NJDOT Class "B."

Forms must be kept clean and free from warp; and concrete shall be spaded and tamped until thoroughly consolidated and surplus mortar covers surface, while top is yet soft it shall be brought to an even surface to grade with metal float and edge rounded with edging tool.

Street corners shall be rounded with an eight-inch radius curb, or greater. Transverse joints one-quarter inch wide shall be at intervals of four feet on four foot sidewalks, and five feet on five foot walks with expansion joints three-eighths inch thick in each side of sidewalk on crossing driveways or paths, and every tenth joint in walk. Surfaces must be floated with a wood float to rough finish.

b. Protection. All freshly finished concrete work shall be protected from defacement or damage by suitable barriers and lighted at night. It shall be covered five or more inches by straw or salt hay properly moistened. Any work marred or defaced shall be replaced by contractor without additional cost.

c. Inspection. The borough engineer, or in an emergency or on weekends, the public work department or police department, shall make such inspections as are reasonably necessary. The cost of such inspections will be paid for by the application fee and the monies obtained from the street excavation permit fee, which shall be used to defray these and other administrative costs associated with the enforcement of this section. The borough engineer or in an emergency, or on weekends, the public work department or police department, shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this section.

d. Penalty. Any person, corporation or other legal entity violating any of the provisions of this section shall be subject to the penalty as stated in Chapter 3, Section 3-1.

§ 12-4 CLEAR VIEW AT INTERSECTION.

[Ord. #148; Ord. #202]

§ 12-4.1 Notice to Owner.

The owner or tenant of lands lying within the limits of the borough is required to keep all brush, hedges and other plant life, growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than 2 1/2 feet where it shall be necessary and expedient for the preservation of the public safety within 10 days after notice to cut the same. The notice provided for in this subsection shall be in writing. It shall be given to the owner or tenant by the superintendent of roads or, in the case of lands on roads or highways maintained by the County of Monmouth, by the Board of Chosen Freeholders or its duly designated agent, either by delivering the same to the owner or tenant in person or by mailing the same to the owner or tenant. If the notice is given by mailing, it shall be mailed to the last known address of the owner or tenant. In the event that there shall be no tenant on the property or no known owner, sufficient notice shall be deemed to have been given under this section by the posting of the notice on the lands affected.

§ 12-4.2 Noncompliance by Owner.

In the event such owner or tenant shall have refused or neglected to cut the same in the manner and within the time provided above, then the cutting in the manner provided above shall be made by or under the direction of the superintendent of roads of the borough, or, in his absence, the borough clerk. In the case of lands on roads or highways maintained by the County of Monmouth, the work shall be done by the Board of Chosen Freeholders.

§ 12-4.3 Borough Employees to Complete Work; Cost to be Tax Lien.

In all cases where brush, hedges and other plant life are cut from any lands within the limitations of subsection 12-3.1 and under the terms of this section by or under the direction of the superintendent of roads or, in his absence, by the borough clerk, he shall certify the cost to the borough council which shall examine the certificate and, if found correct, shall cause the cost as shown to be charged against the lands, or in the event the cost is excessive to cause the reasonable cost to be charged against the lands. The amount so charged shall become a lien upon the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon the lands the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes. The provisions of this subsection are expressly made in addition to any penalties provided in subsection 12-3.4.

§ 12-4.4 Penalty.

Any person who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty as stated in Chapter 3, section 3-1.

§ 12-5 DISPOSAL OF GARBAGE, TRASH AND DEBRIS. [1]

[Ord. #196; Ord. #518; Ord. #2005-71; Ord. #2005-72; Ord. #2006-80]

[1] Editor's Note: Regulations Prohibiting the Accumulation of Garbage and Trash are also contained in Chapter 10; Building and Housing, section 10-7.

§ 12-5.1 Regulations.

a. No person shall dump, throw or place any garbage, trash, debris, or other waste material on any property within the limits of the borough except as hereinafter provided;

b. No person whether as an owner, tenant, or otherwise, shall accumulate or permit the accumulation of garbage, trash, debris, or other waste material upon their property but shall promptly place the same for removal by the garbage collector, if removable, by him, or shall otherwise dispose of the same as provided.

c. As the terms are defined in subsection 11-9.1 of chapter 11 no person shall spill, dump or dispose of materials other than stormwater into the municipal separate storm sewer system operated by the Borough of Union Beach, nor shall any person spill, dump or dispose of materials other than stormwater in such a manner as to cause the discharge of pollutants into the municipal separate storm sewer system.

d. The prohibitions contained in paragraph c of this subsection shall not apply to the following discharges:

1. Water line flushing and discharges from potable water sources;

2. Uncontaminated groundwater, e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters;

3. Air conditioning condensate, excluding contact and non-contact cooling water;

4. Irrigation water, including landscape and lawn watering runoff:

5. Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows;

6. Residential car washing water, and residential swimming pool discharges;

7. Sidewalk, driveway and street wash water;

8. Flows from firefighting activities;

9. Flows from rinsing of the following equipment with clean water:

(a) Beach maintenance equipment immediately following its use for its intended purposes.

(b) Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications, provided that prior to rinsing with clean water all residual salt and de-icing materials must be removed from the equipment and vehicles to the maximum extent practicable using dry cleaning methods, e.g., shoveling and sweeping, and recovered materials are to be returned to storage for reuse or properly discarded.

(c) Rinsing of equipment as described in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.

§ 12-5.2 Sanitary Landfill.

Subject to the provisions of Chapter 8 of the State Sanitary Code, the mayor and council shall designate the location or site of a sanitary landfill with the approval of the local board of health.

§ 12-5.3 License Required for Use of Sanitary Landfill.

Any person desiring to dump or otherwise dispose of any garbage, trash, debris, or other waste material in the sanitary landfill site so established may do so only after obtaining a license duly issued by the borough clerk and authorized by resolution of the mayor and council adopted at a regular meeting. The borough clerk shall provide application forms for the license upon which forms the applicant shall set forth in detail the manner in which he proposes to conform with the requirements of Chapter 8 of the State Sanitary Code. The sanitary inspector of the borough shall see to it that the provisions of Chapter 8 of the State Sanitary Code and of the borough health ordinances shall be complied with by the applicant in the dumping or disposal operation for which the license is issued.

§ 12-5.4 License Fee.

There shall be a fee charged for the issuance of such license payable to the borough of Union Beach. This fee shall be $5 per load of five cubic yards or less, plus $1 for each additional cubic yard per load in excess of five cubic yards. In his application, the applicant shall set forth the estimated number of loads to be dumped or disposed of, together with the estimated size of each load. In lieu of the license fee, a special license, valid for one year from the date of issuance, may be obtained for a fee of $75. This license shall be valid for the dumping or disposal of an unlimited amount of garbage, trash, debris, or other waste material but may be revoked at any time for any violation of pertinent statutes, ordinances, or regulations.

§ 12-5.5 Enforcement.

a. Violations. This section shall be enforced by the Police Department of the Borough of Union Beach, the board of health, or any other official or officer of the Borough of Union Beach.

b. Penalties. Any person who is convicted of a violation of this section shall be subject to a fine not less than $500 nor more than $2,000 and/or a term of imprisonment not to exceed 90 days or a period of community service not exceeding 90 days, or both.

c. Each day that a violation shall continue to exist shall constitute a separate offense.

§ 12-6 MANDATORY PROGRAM FOR RECYCLABLE MATERIAL.

[Ord. #511; Ord. #520]

§ 12-6.1 Purpose.

a. On and after June 1, 1987, it shall be mandatory for all persons, except those physically disabled, who are owners, lessees and occupants of residential property in the Borough of Union Beach, to separate newspapers, leaves, glass bottles and jars, and aluminum cans as hereinafter defined from all other solid waste produced by such residence for collection and ultimate recycling of said materials.

b. On and after April 1, 1988, it shall be mandatory for all persons detailed in the preceding paragraph to additionally separate all tin and bi-metal cans as hereinafter defined from all other solid waste produced for collection and ultimate recycling of said materials.

c. On and after April 1, 1988, it shall be mandatory for all owners, lessees, and occupants of business and industrial property and of private, public and governmental institutions and buildings in the Borough of Union Beach, to separate all newspapers, leaves, glass bottles and jars, aluminum, tin and bi-metal cans, corrugated cardboard and high grade paper from all other solid waste produced by said non-residential establishments for collection and the ultimate recycling of said material. All institutions and establishments covered by this subsection of the section shall submit to the borough, a written record of the types and amount of materials recycled each year. Such report shall be submitted to the borough by February 1st of the year following the calendar year for which information is required.

d. On and after October 1, 1988, it shall be mandatory for owners, lessees, and occupants of residential, business and industrial property and of private, public, and government institutions and buildings in the Borough of Union Beach to separate all demolition materials from all other solid waste produced for collection and ultimate recycling of said materials.

e. On and after the adoption of this section, and in accordance with existing State Regulations (N.J.A.C. 14A:3-11), all service stations, oil retailers and motor vehicle re-inspection stations with "Used Oil Holding Tanks" shall accept up to five gallons at a time of used motor oil from individuals changing oil from cars, lawn mowers or motorcycles, and shall post a sign informing the public that they are a "Used Oil Collection Site."

§ 12-6.2 Definitions.

As used in this section:

ALUMINUM

Shall include all disposable items made of aluminum, including aluminum containers used for soda, beer or other beverages.

CORRUGATED CARDBOARD

Shall include cardboard of the type used to make cardboard boxes, cartons, pasteboard and similar corrugated and craft paper material.

DEMOLITION MATERIALS

Shall include all asphalt, concrete, tree stumps, brush, land clearing debris, pallets, waste lumber and other materials generated from construction and demolition projects.

GLASS

Shall include all products made from silica or sand, soda ash and limestone; the product being transparent or translucent and being used for packaging or bottling of various matters excluding however, blue or flat glass commonly known as window glass.

HIGH GRADE PAPER

Shall include white and/or off white stationery, photocopy and computer paper.

NEWSPAPERS

Shall be deemed to include paper of the type commonly referred to as newsprint. Expressly excluded are all magazines, periodicals, books, and paperbacks, as well as all other paper products of any nature whatsoever.

SOLID WASTE

Shall include all garbage and rubbish normally produced by the occupants of commercial, industrial, and residential property and disposed of by private or public pick-up.

TIN AND BI-METAL CANS

Shall include all disposable items made of tin, steel, or a combination of metals including containers commonly used for the storage of food products.

§ 12-6.3 Collection by Unauthorized Person Prohibited.

[Ord. No. 511, § 3; Ord. No. 520, § 3]

Recyclable material as defined herein shall be the property of the Borough of Union Beach, once placed on the curbside or brought to a drop-off center. It shall be a violation of this section for any person unauthorized by the borough council to pick up or cause to be picked up, said recyclable material as defined herein. Each such collection in violation hereof, shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 12-6.4 Direct Disposal of Recyclable Material by Resident.

[Ord. No. 511, § 4; Ord. No. 520, § 4; Ord. No. 96-761]

a. Anything herein to the contrary notwithstanding any person, partnership or corporation who is owner, lessee or occupant of a residential or nonresidential property, may donate or sell said recyclable material as defined herein, to any person, partnership or corporation, whether or not operating for profit. Said person, partnership or corporation however, shall not pick up said recyclable materials at curbside or at a municipal drop-off center.

b. The recycling coordinator is hereby authorized and directed to establish and promulgate reasonable rules and regulations for the administration and publication of the procedures and as to the manner, days, and times for the collection of recyclable materials provided for by this section, subject to the approval of and subsequent adoption by resolution of the borough council.

c. The construction code official shall issue construction and/or demolition permits only after the applicant has identified disposal and recycling arrangements. The applicant shall provide appropriate records documenting the quantity and disposition of all materials. A deposit of $50 shall be required upon the issuance of a construction and/or demolition permit and held until such time as documentation of the quantity and disposition of all materials is provided to the satisfaction of the construction official. The construction code official shall have the discretion to grant exceptions to small quality generators engaged in minor improvements.

§ 12-6.5 Enforcement.

[Ord. No. 511, § 5; Ord. No. 520, § 5; Ord. No. 96-761; Ord. No. 2006-80]

a. Violations. This section shall be enforced by the recycling coordinator, the Police Department of the Borough of Union Beach, the board of health, or any other official or officer of the Borough of Union Beach.

b. Penalties. Any person who is convicted of a violation of this section shall be subject to a fine not to exceed $2,000 and/or a term of imprisonment not to exceed 90 days or a period of community service not exceeding 90 days, or both.

c. Each day that a violation shall continue to exist shall constitute a separate offense.

§ 12-7 DUMPSTER/CONTAINER PERMITS.

§ 12-7.1 Permits Required.

[Ord. No. 2006-78; Ord. No. 2007-101; Ord. No. 2017-256]

No person shall place a dumpster, waste container or storage container on or adjacent to property without first having obtained a permit. The Construction Official shall not issue a construction or demolition permit unless the applicant has identified the manner of the disposal or recycling of the debris/waste to be generated by the construction and/or demolition. If dumpster(s), waste container(s), and/or storage container(s) will be necessary to store and remove the debris/waste or stored goods, and/or equipment, the applicant shall first obtain a "dumpster" permit from the Department of Public Works. A copy of each "dumpster" permit issued by the Department of Public Works shall be forwarded to the Borough Clerk, Construction Official and Police Department.

§ 12-7.2 Permit Fee.

[Ord. No. 2006-78; Ord. No. 2007-101; Ord. No. 2017-256]

The fee for a "dumpster" permit shall be $30 per dumpster/waste container and/or storage container payable to the Borough of Union Beach. After removal of the dumpster/waste container and/or storage container, the applicant must provide written proof of compliance with all requirements of this section and other ordinances along with all other applicable statutes and regulations.

§ 12-7.3 Site Requirements.

[Ord. No. 2006-78; Ord. No. 2007-101; Ord. No. 2017-256]

The "dumpster" permit must be placed by the applicant in a conspicuous location on or about the dumpster/waste container and/or storage container. Dumpster(s)/waste container(s) and/or storage container(s) shall not be placed in a street and/or public right-of-way without the approval of the Traffic and Safety Officer of the Union Beach Police Department. Any dumpster/waste container and/or storage container placed in the street and/or public right-of-way will be required to have reflective devices placed on all corners of the dumpster/waste container and/or storage container and cones along the front, back and sides facing the street. It will be the responsibility of the applicant to maintain the safety apparatus for the duration of the permit. No dumpster/waste container and/or storage container shall remain on any street or right-of-way for more than 30 days after the issuance of the "dumpster" permit. It will be the responsibility of the applicant to protect street surfaces, curbs, sidewalks and other public facilities to avoid damage caused by the placement of the dumpster/waste container and/or storage container.

§ 12-7.4 Civil Remedies for Noncompliance.

[Ord. No. 2006-78; Ord. No. 2007-101; Ord. No. 2017-256]

Damage caused by the placement of the dumpster/waste container and/or storage container to street surfaces, curbs, sidewalks and other public facilities will be the responsibility of the applicant to repair. The cost of inspecting and approving the repair shall be a lien upon the property serviced by the dumpster/waste container and/or storage container. Any dumpster/waste container and/or storage container which remains on a public street or right-of-way for more than 30 days or for which the proper safety apparatus is not maintained will be subject to removal by the Borough and the cost of such removal shall be a lien upon the property serviced by the dumpster/waste container and/or storage container. These civil remedies are in addition to and supplementary to fines and penalties imposed pursuant to subsection 12-7.5.

§ 12-7.5 Enforcement.

[Ord. No. 2006-78; Ord. No. 2007-101; Ord. No. 2017-256]

a. Violations. This section shall be enforced by the Department of Public Works, the Police Department of the Borough of Union Beach, the Union Beach Code Enforcement Bureau, the Board of Health, or any other official or officer of the Borough of Union Beach.

b. Penalties. Any person who is convicted of a violation of this section shall be subject to a fine not to exceed $2,000 and/or a term of imprisonment not to exceed 90 days or a period of community service not exceeding 90 days, or both.

c. Each day that a violation shall continue to exist shall constitute a separate offense.

§ 12-8 CLOSURE OF MUNICIPAL ROADWAYS FOR SPECIAL EVENTS.

§ 12-8.1 Street Closings for Special Events.

[Added 12-15-2022 by Ord. No. 2022-320]

No municipal street, roadway or right-of-way shall be closed for any special event without first receiving a permit issued by the Borough's designee. A special event may be a street fair, block party, or any other private or public function that requires the closure of a public street under the Borough's jurisdiction.

§ 12-8.2 Application for Street Closing Permit.

[Added 12-15-2022 by Ord. No. 2022-320]

Applications for street closings for special events may be obtained from the Borough Clerk's office, and must be filed at least three full weeks prior to the scheduled event. The application form utilized may be developed and periodically amended by Borough Council in consultation with the Borough Administrator, Borough Clerk, Director of Public Works and Borough Attorney, but must minimally require the following:

a. Names and contact information of the organizers of the special event, who shall be the responsible parties;

b. Location of the special event with diagram or sufficient description of area of street to be closed, along with a description of the nature of the event and any equipment or amenities (chairs, tables, grills, tents, stages, bounce houses, etc.) that may be placed within the closed street;

c. The proposed times of the special event and time required for the street closure, including setup and take down (no more than eight hours);

d. A representation by the responsible parties that they have or will provide a minimum of three weeks' notice to the neighbors immediately affected by the area of the street to be closed, with a copy of such notice being provided with the application;

e. If the special event involves any incorporated entity or vendor, a certificate of insurance must be provided naming the Borough as an additional insured in a form satisfactory to the Borough; and

f. All organizers of special events seeking a street closing, regardless of whether an incorporated entity or individual(s), must execute a hold harmless agreement included with their application.

§ 12-8.3 Application Approval.

[Added 12-15-2022 by Ord. No. 2022-320]

Any application may be granted or denied at the discretion of the Borough's designee, based on any number of factors, such as, but not necessarily limited to:

a. The impact that the street closure may have on access for emergency services;

b. The traffic impacts the street closure may have in the area of the special event;

c. Significant objections from affected neighbors;

d. The public resources required to ensure the safety of the event participants and drivers on municipal roadways; and/or

e. Failure to agree to any of the conditions imposed upon issuance of a street closing permit by the Borough, Chief of Police or their designee.

§ 12-8.4 Applicability.

[Added 12-15-2022 by Ord. No. 2022-320]

This section shall not apply to road construction addressed by other ordinances, running or bicycle races, and public marches or protests that are not stationary in nature requiring only temporary street closures.

§ 12-8.5 Violations and Penalties.

[Added 12-15-2022 by Ord. No. 2022-320]

Any person, corporation or other legal entity violating any provisions of this section shall be subject to penalty as stated in Chapter 3, § 3-1 of the Code of the Borough of Union Beach.