[1983 Code § 163-9]
As used in this article:
A right-of-way over which there is a public right of passage
and which does not join another street, road or highway at both of
its termini.
An improved right-of-way over which there is a public right
of passage and which traverses the Borough from one side to another
and which includes any portion of streets, roads or highways composing
it and also the term "through street."
Any person, firm, association or corporation having an interest
in the subject matter of this article, and shall include, for the
purpose of this article, the developer, applicant, agent, attorney,
engineer or other person representing such "owner," as herein defined.
A right-of-way over which there is a public right of passage,
whether improved or unimproved.
A right-of-way over which there is a public right of passage,
which serves only a limited portion of the Borough.
[New; 1985 Code § 163-10]
No street, road or highway shall be accepted by the Borough
Council and taken over as a municipal road and maintained as such
unless it complies with the following specifications and requirements,
and no map submitted to the Borough Council for approval showing a
street, road or highway will be approved and the streets, roads or
highways thereon accepted as municipal roads and maintained as such
unless the following specifications and requirements are complied
with as far as possible on such map, and where such compliance has
not been completed and shown on such map, the said map shall be accompanied
by a proper guaranty by the applicant, which guaranty shall be approved
by the Borough Attorney, to meet these specifications and requirements:
A.
The width of the right-of-way shall be at least 50 feet on newly
laid out and constructed roads.
B.
The minimum graded width of the right-of-way on all roads shall be
30 feet.
C.
The width of the paved right-of-way shall be 30 feet on all roads, streets or highways, and all such rights-of-way shall be of either Bituminous concrete or concrete construction in accordance with the requirements of Article III, Street Construction.
D.
The width of the sidewalk areas shall be 10 feet in commercial zones
and four feet in residential zones, except in such places as natural
or structural barriers or trees make such width highly impractical,
but in each case a sidewalk of not less than four feet in width shall
be installed. Such sidewalk shall be installed in accordance with
the specifications required by the Borough Engineer of the Borough
of Pompton Lakes and at such grades as shall be designated by him.
E.
Concrete curb shall be in accordance with the current NJDOT Standard
Specifications for Road and Bridge Construction and shall be installed
at the edge of each paved right-of-way, which said curbs shall be
specified by the Borough Engineer. All curbs at road intersections
shall be rounded to a minimum fifteen-foot radius.
F.
An adequate drainage system sufficient to handle all drainage at
all times and to prevent the collection of water in puddles on the
right-of-way must be provided, and the location of catch basins, drains,
outlets and other parts of this drainage system must be accurately
and distinctly shown on the surveys or maps filed with the Borough
and approved before acceptance of such road and map. The construction
of such system must be in accordance with the specifications of the
New Jersey State Highway Department.
G.
All outlets and structures used in the right-of-way must be accurately
and clearly designated on the map or survey.
H.
If any natural watercourse or stream crosses the right-of-way, proper
provision for carrying it must be made and shown on the map or survey.
If the stream is such as to come under the jurisdiction of the Board
of Chosen Freeholders of the County of Passaic, written consent to
the location of the road, street or highway must be provided and the
map or survey must show what type of structure, culvert or bridge
will be provided for the watercourse or stream.
I.
The survey or map showing the location and setting of monuments,
grading and contours must have the approval of the Borough Engineer
or the Borough Council.
J.
The location and termini of the right-of-way must be such as to conform
and not interfere with other roads, streets or highways of the Borough,
and shall be so constructed as not to constitute a traffic hazard
or to seriously interfere with the access to a through street or highway
of any abutting property owner, and access thereto shall be through
and over a public right-of-way which shall have been accepted by the
Borough of Pompton Lakes for perpetual maintenance and which shall
have been paved or hard-surfaced.
K.
The title to the right-of-way must be approved by the Borough Attorney,
and any deeds of dedication, releases of mortgages or other liens
must be provided whenever required by the Borough Attorney, at the
cost and expense of the owner.
[1983 Code § 163-11]
At least five copies of the survey or map of the road, street
or highway shall be filed with the Borough Council when application
is made to the Borough for the approval of the said map and the acceptance
of the roads, streets or highways shown thereon. Such application
shall be accompanied by an agreement to pay to the Borough such inspection
fees incurred by it in connection with the proper inspection by its
designated official of the construction of roads, curbs, sidewalks
and drainage structures. Such application shall also be accompanied
by a bond naming the Borough of Pompton Lakes as obligee, conditioned
upon the proper completion of the streets, sidewalks, curbs and drainage
appurtenances, etc., in accordance with the requirements and specifications
of this article and payment of all engineering, legal and inspection
fees within a period of six months from the date of the approval of
the said map or survey, unless said period is further extended by
resolution of the Mayor and Borough Council, with surety to be approved
by the Mayor and Borough Council and in an amount sufficient, in the
judgment of the Borough Engineer, to permit the proper completion
thereof and all of the aforesaid expenses in the event of default
by the obligor. Nothing herein shall be construed as requiring the
Borough of Pompton Lakes to complete the construction of said streets,
sidewalks, curbs and drainage appurtenances in the event of default
by the obligor.
[1983 Code § 163-12]
Each bond filed for the acceptance of any road in the Borough
of Pompton Lakes shall, in addition to the other requirements, guarantee
the performance of all things to be done by virtue of said Article,
and it shall further insure the maintenance of said road and the replacement
and repair of all defective portions thereof which may appear within
a period of one year from the date of the completion thereof.
[1983 Code § 163-13]
Application shall be made for the acceptance of said road and
the approval of said map by filing same with the Municipal Clerk upon
forms provided by the said Municipal Clerk, and each applicant shall
be required to provide all the information required in said application.
The Municipal Clerk shall forward said application to the Planning
Board, which shall process the approval of the map, and the Borough
Council, which shall process the approval of the road after it shall
have received the recommendations of the Planning Board.
[1983 Code § 163-14]
The Borough Council may refuse to approve or accept any road,
street or highway notwithstanding compliance with all the above provisions
when, in its judgment, it is not advisable for good reasons to grant
such acceptance. It may permit variations of the foregoing specifications
and requirements when for good reason and without injury to the public
interest it deems a variance thereof to be advisable.
