[1]
Editor's Note: Prior source history includes Ordinance
Nos. 60, 607, 792 and 860.
[Ord. No. 16-2010 § 2]
No person, business, corporation or other entity (from now on
called "person") shall dig up, break, tunnel, undermine, disturb or
in any manner excavate any municipal street, road, right-of-way, or
public easement, or make or cause to be made any excavation in or
under the aforementioned areas for any purpose or place, or deposit,
or leave in any of the aforementioned areas any earth or other excavated
material obstructing or interfering with the free use of same unless
such person shall first have obtained an excavation permit therefor
from the Municipal Clerk. Openings may be made without the necessity
of filing a written application and obtaining an excavation permit
only in emergencies, such as a broken or frozen water main, gas leak
or other happening which would endanger public life, health and safety;
provided, however, that notice thereof shall be immediately given
verbally to the Superintendent of Public Works or Police Department
and written application in accordance with this chapter shall be made
within 48 hours.
[Ord. No. 16-2010 § 3]
No excavation permit under this section shall be issued until
the person seeking such permit shall have first done the following:
a.
Made a written application for the issuance of such permit submitted
to the Municipal Clerk, signed by the person making the application
or by a duly authorized agent, and containing the following information:
1.
Name, address and telephone number of the person for whom the work
is to be performed.
2.
Name, address and telephone number of the person performing the work.
3.
Location of the work area, including a map or sketch.
4.
An outline or plan describing the work to be performed.
5.
Number of square feet of surface to be opened.
6.
Cubic content of material to be excavated.
7.
Type of surface to be removed or disturbed.
8.
Cubic content of material to be burrowed.
9.
Date and time of commencement and estimated date of completion with
an agreement by the applicant to refill or resurface the opening or
excavation so that the street surface shall be restored to the same
condition or better, in which it was before the proposed work.
10.
The types of proposed traffic control devices and procedures to be
utilized for the project, which devices and procedures shall be in
conformity with the guidelines set forth in the Manual of Uniform
Traffic Control Devices, current edition, (the "Manual").
11.
The names and telephone numbers of at least two persons responsible
on a twenty-four-hour call basis to handle emergency repairs for the
applicant.
b.
A nonrefundable permit fee of $150 shall be paid to the Borough of
Sea Girt prior to the issuance of any permit. In no case shall a permit
be issued until the required fees and deposits have been paid.
c.
The applicant must furnish to the Municipality a cash or surety bond
to guarantee that the opening or trench made by the permittee will
be closed properly. The amount of the cash deposit or surety bond
is $15 per square yard. Provided the minimum deposit is $1,000. Upon
completion of the work in a satisfactory manner, the bond or cash
surety will be released in return for a maintenance bond or cash guarantee
that the road, street, or highway over the same will remain in good
condition for at least one year after the closing by the permittee.
The failure to carry out all required work and properly close the
area of the road opening shall require the forfeiture of any cash
or surety bond guaranteeing the work, or alternatively, require the
surety company to complete all required work in an acceptable manner;
provided however, the cash or surety bond shall not limit the amount
of damages incurred by the Municipality. The Municipality reserves
the right to pursue additional claims against the permittee for all
damages in excess of the amount of the cash and/or surety bond.
d.
Deliver to the Municipality satisfactory proof of insurance in the
minimum amount of $1,000,000 per person, and $3,000,000 per occurrence,
insuring the permittee and the Municipality against liability for
injury or loss sustained by any person or persons as a result of the
acts of commission or omission of the permittee, or any servants,
agents or employees of the permittee.
[Ord. No. 16-2010 § 4]
a.
In the case of all openings larger than 16 square feet and four feet
deep, the application is subject to review by the Superintendent of
Public Works as to whether or not a permit should be issued. If it
is recommended by the Superintendent of Public Works that a permit
be issued, the Municipal Clerk shall issue the permit and forward
all monies collected to the Municipal Treasurer for deposit. If the
permit is denied, then the Municipality shall retain the application
fee and notify the applicant in writing not later than five days after
the action denying the application.
b.
Except in emergent conditions, the permittee shall give a minimum
of 48 hours' notice of the proposed opening and/or excavation
to all persons owning property abutting on the street about to be
opened or excavated. Notice shall be given by personal service or
by regular mail upon all persons entitled to such service.
c.
All openings, excavations, backfilling or grading shall be done by
the person to whom any permit is issued. Such person shall give at
least 72 hours' written notice to the Superintendent of Public
Works prior to the commencement of any work.
d.
The area of the road opening shall be left in a broom clean condition.
e.
All work shall be performed and completed in such a manner as to
cause a minimum of interference with travel on the street affected.
No street shall be closed to traffic unless the closing is approved
by the Chief of Police. Street and/or traffic lanes approved for closure
to traffic must be closed and then reopened at the times specified
in the application, with no deviations permitted. The Police Department
shall be informed in writing of all street closings at least 24 hours
in advance, except where the work is of an emergency nature, in which
case notice shall be given to the Police Department when work commences.
f.
Construction work will be permitted only between 8:00 a.m. and 6:00 p.m. Monday through Friday and Saturday 9:00 a.m. to 5:00 p.m. and must also comply with Section 12-2.2, which pertains to no construction on certain holidays. The Mayor and Council, Municipal Engineer and Superintendent of Public Works must approve emergency situations or work required beyond the permitted time.
[Ord. No. 16-2010 § 5]
It shall be the duty of the applicant to restore the street
surface in the following manner and to maintain all proper safeguards,
relating to the opening or excavation to protect the public from damage
or injury resulting from same.
No work may commence before markout by the appropriate agencies.
Right-of-way or property monuments and/or markers, traffic control
devices and other public entity maintained devices in the right-of-way
shall not be removed or disturbed unless permission to do so is first
obtained in writing by the Superintendent of Public Works.
a.
All trench openings shall be neatly saw cut, unless specifically
allowed, in writing by the Public Works Department for unusual circumstances.
b.
The restoration of the opening or trench shall be maintained for
one year after completion.
Where 25% or more of the existing pavement surface has been
destroyed or disturbed, final paving shall consist of a one inch overlay
of the entire width of the pavement surface with Bituminous Concrete
Type FABC (Mix 1-5).
The type of material used for backfilling shall be as specified
by the Borough Engineer to ensure the restoration of a street or road
to its prior condition. For the purpose of establishing specifications
for the restoration, the specifications promulgated by the Department
of Transportation of the State of New Jersey shall serve as a guideline
for street restoration.
In the event of a snow or ice storm, the permittee will be required
to take whatever steps the Superintendent of Public Works (or designee)
deems necessary to secure the traveled way for snow removal operations.
At the first sign of precipitation, all work on the shoulders and
traveled way shall stop and they shall be cleared of all dirt, etc.
and then backfilled so as not to interfere with snow removal operations
until the weather permits resumption of work.
c.
Tack coat should be applied to the edges of the street opening just
prior to placement of the bituminous surface course. Placement of
the tack coat shall be in accordance with the latest revision of the
State of New Jersey Standard Specifications for Road and Bridge Construction.
d.
It shall be the duty of each person, corporation, partnership, firm
and their contractor or agents to notify the Borough Administrator
prior to the backfilling of the opening or excavation, and of the
date such work will be done, so that the Borough Engineer or agent
of the Borough may, in his discretion, inspect all aspects of the
street restoration, etc., and to file a written report to be used
in the determination of the return of the repair deposit.
e.
The partially restored pavement (stabilized base course level with
the existing pavement) shall be allowed to settle for no less than
90 days and no more than 180 days. Upon the completion of the settling
period, the opened or excavated area shall be milled and repaved with
NJDOT Mix I-5 utilizing an infrared restoration process. If at any
time during the settlement period, the trench becomes unacceptable
as determined by the Director of Public Works, the permittee shall
be notified of the condition requiring repair, and such repair shall
be performed within 24 hours of such notification by the Director
of Public Works. If the repair is not made in the time specified,
the Borough may make the repair and any cost thereof will be charged
against the permittee's cash repair deposit and/or maintenance
bond. At the end of the period of time of settlement required by the
Department of Public Works, an inspection shall be performed by the
Department.
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.
[Ord. No. 16-2010 § 6]
The permittee shall first obtain the appropriate utility markouts
as required by law. The permittee shall not interfere with any existing
utility without the written consent of the utility company or person
owning the utility. If it becomes necessary to remove an existing
utility, this shall be done by its owner. No utility owned by the
Borough shall be moved to accommodate the permittee unless the cost
of such work is borne by the permittee. The cost of moving privately
owned utilities shall be similarly borne by the permittee unless it
makes other arrangements with the owner of the utility. The permittee
shall support and protect, by timbers or otherwise, all pipes, conduits,
poles, wires or other apparatus which may be in any way affected by
the excavation work and do everything necessary to support, sustain
and protect them under, over, along or across the work, in accordance
with applicable statutory provisions. In case any pipes, conduits,
poles, wires or apparatus should be damaged, they shall be repaired
by the agency or owner and the expense of such repairs shall be borne
by permittee, and his or its bond shall be liable therefore. The permittee
shall be responsible for any damage done to any public or private
property by reason of the breaking of any water pipes, sewer, gas
pipe, electric conduit or other utility, and its bond shall be liable
therefore. The permittee shall inform itself as to the existence and
location of all underground utilities and protect the same against
damage.
[Ord. No. 16-2010 § 7]
As the excavation work progresses, all streets and private properties
shall be thoroughly cleaned of all rubbish, excess earth, rock and
other debris resulting from such work. All cleanup operations at the
location of such excavation shall be accomplished at the expense of
the permittee and shall be completed to the satisfaction of the Department
of Public Works. From time to time as may be ordered by the Department
of Public Works, and in any event, immediately after completion of
the work, the permittee shall at his or its own expense clean up and
remove all refuse and unused materials of any kind resulting from
the work; and upon failure to do so within 24 hours after having been
notified to do so by the Borough, the work may be done by the Borough
and the cost thereof charged to the permittee, and the permittee shall
also be liable for the cost thereof under the surety bond provided
hereunder.
[Ord. No. 16-2010 § 8]
When the Municipality shall improve or pave any street, the
Municipal Clerk (or designee) shall give notice by regular mail 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 Municipality. All such persons, utilities, and authorities
shall make all connections as well as any repairs thereto which would
necessitate excavation or disbursement of the street, within 45 days
from the provision of such notice. The time may be extended if permission
is requested in writing and approved by the Mayor and Council (or
designee).
[Ord. No. 16-2010 § 9]
No permit shall be issued which would allow an opening or excavation
of a paved or improved street surface less than five years old unless
the applicant clearly demonstrates to the Borough Engineer that public
health or safety requires the proposed work to be permitted or unless
an emergency condition exists. If a permit is issued pursuant hereto
to open any repaved street less than five years old, an enhanced restoration
may be required for said opening permit at the discretion of the Borough
Engineer. Enhanced restoration may include half width to full width
milling and repaying to minimize the deleterious effects of the pavement
disturbance.
[Ord. No. 16-2010 § 9]
Nothing contained in this section shall be construed as requiring
the issuance of a permit for the performance of any opening or excavation
by the Municipality.
[Ord. No. 16-2010 § 10]
Any person, firm, entity or corporation violating any of the provisions of this section shall, upon conviction hereof, be liable to the penalty stated in Chapter 1, Section 1-5. The court shall have the discretion to impose a term of community service in lieu of imprisonment. Each day that a violation continues shall be deemed a separate offense.
[Ord. No. 262]
The owner or owners of the lands fronting or bordering thereon
are hereby directed to construct, pave, repave, curb, recurb, improve
and repair, at his or their own proper costs and expense, the sidewalks
on both sides of all the public streets in the Borough in the following
manner:
a.
On streets running in an easterly and westerly direction, all sidewalks
shall be constructed and laid at a width of five feet.
b.
On streets running in a northerly and southerly direction, all sidewalks
shall be constructed and laid at a minimum width of four feet, except
as follows:
1.
On Ocean Avenue, sidewalks shall be constructed and laid at a width
of five feet.
2.
On Eighth Avenue from Sea Girt Avenue northerly to Crescent Place,
sidewalks shall be constructed and laid at a minimum width of four
feet.
3.
On Eighth Avenue from Crescent Place northerly to Baltimore Boulevard,
sidewalks shall be constructed and laid at a width of five feet.
4.
On Eighth Avenue from Baltimore Boulevard northerly to Beacon Boulevard,
sidewalks shall be constructed and laid at a minimum width of four
feet.
[Ord. No. 262; Ord. No. 609 § 1]
Sidewalks shall be at least four inches in thickness, except
at points of vehicular crossing, where they shall be at least six
inches in thickness. Curbing shall be six inches wide at the top,
eight inches wide at the bottom, and 18 inches high. The exposed curb
face on Borough roads shall be six inches, except at ramps for bicycles
and/or wheelchairs where the exposed curb face shall be in accordance
with the Design Standards for Curb Ramps for the Physically Handicapped,
prepared by the New Jersey Department of Transportation. Portland
cement concrete for sidewalk and for curb shall be Class B concrete,
having a compressive strength on 28 day test of 4,000 pounds per square
inch, or better.
Sidewalk sections shall be no longer than the section width
and curb sections shall be no longer than 10 feet. Preformed expanded
joint material shall be placed in concrete sidewalks and curbs at
a maximum of twenty-foot intervals, and where sidewalks abut curbing
or abut a structure.
[Ord. No. 262]
All improvements provided for herein shall, as nearly as practicable,
conform to the grade and lines established by this Borough, and when
the work is performed by the owner, it shall be done in a good, workmanlike
manner, to the satisfaction of the Borough Council.
[Ord. No. 262]
On all improvements herein provided for, where the work is performed
by the Borough, it shall be done under the supervision and direction
of the Borough Engineer, and all materials used for the improvements
where the work is done by the Borough shall be inspected by such supervisor.
[Ord. No. 262]
Before making any such improvement or awarding any contract
therefor, the Borough Council shall cause notice of the proposed improvement
to be given to the owner or owners of all real estate affected thereby.
The notice shall contain a description of the property affected sufficient
to identify it, a description of the improvement, and a statement
that unless the owner or owners complete the same within 30 days after
service thereof, the Borough Council will make the improvement or
cause same to be made at the expense of the owners.
[Ord. No. 262]
The notice may be served upon all owners residing in the Borough,
personally or by leaving the same at their usual place of residence
with a member of the family above the age of 14 years. In the case
of infants and incompetents, such notice shall be served upon their
guardians; when any real estate is held in trust, upon the trustee;
when held by joint tenants, tenants in common or by the entirety,
upon any one such tenant. If the owner of such real estate is a nonresident
of the Borough, the notice may be served upon him personally, or upon
his agent in charge of the property, or upon the occupant thereof
or mailed to the nonresident owner at his last known post-office address.
[Ord. No. 262]
If the owner is unknown, or if for any reason service cannot
be made as hereinbefore directed, the notice shall be published in
a newspaper circulating in the Borough at least once and not less
than 30 days before the improvement is made by the Borough. Notice
to the owner or owners of several distinct parcels of real estate
may be inserted in the same publication.
[Ord. No. 262]
Proof by affidavit of service of such notice shall be filed
within 10 days thereafter with the officer in charge of the records
of tax liens of the Borough, but failure to file such proofs shall
not invalidate the proceedings if service has been made as hereinbefore
provided.
[Ord. No. 262]
If the owner or owners of any real estate affected by such improvement,
after the passage of this section and notice given as provided by
this section, shall fail to make such improvements as required by
this section, the Borough Council may cause the improvements to be
made under the supervision of the Borough Engineer, or may award a
contract or contracts therefor.
[Ord. No. 262]
a.
The officer of the Borough in charge of such improvement shall keep
an accurate account of the cost thereof, including the cost of slight
and incidental grading to make the improvement conform to the established
grade, and shall assess such cost upon the several properties fronting
on the improvement in proportion to their respective frontage thereon,
and file a report thereof under oath, with the Borough Clerk. The
Borough Council shall examine such report, and if properly made, confirm
and file it with the officer charged with the collection of assessments,
who shall record such sidewalk assessments in the book in which other
assessments of the Borough are recorded. Before confirming the report,
the Council shall give notice to the owner or owners named therein
of the time and place fixed for examination of the report.
b.
The notice shall be served in the same manner as required for service
of notices before consideration by the Borough Council of assessments
for benefits for local improvements, but failure to give any such
notice shall not invalidate the proceedings.
[Ord. No. 262]
Nothing herein shall be construed to affect any sidewalk or
curb now in good repair and constructed at the grade and slope established
by the Borough Council.
[Ord. No. 261]
No opening or cutting down of the curbing along any highway
or public street in the Borough for driveway purposes for residential
properties shall be in width no greater than 13 feet, and not more
than one driveway shall be permitted on any plot having a street frontage
of 75 feet or a fraction thereof.
[Ord. No. 261]
No person shall open or cut down any curbing on any public street
in the Borough without first making application to the Construction
Official and securing a written permit for the work.
[Ord. No. 372 § 1]
The purpose of these rules and regulations is to provide for
a uniform system of driveways which will permit all owners of property
lying east of and contiguous with Crescent Park, a public park in
the Borough, equal opportunity of access to the public roadway located
therein and maintained by the Borough, while preserving the natural
growth, contour and beauty of the park.
[Ord. No. 372 § 2]
Each owner of property lying east of and contiguous with Crescent
Park is permitted to construct and maintain one driveway extending
from his property to the nearest public roadway maintained by the
Borough in Crescent Park.
[Ord. No. 372 § 3]
Owners of contiguous property may at their convenience construct
a joint driveway extending from their properties to the nearest public
roadway maintained by the Borough. Such joint driveways may be connected
to the contiguous lots by a driveway within the park property.
[Ord. No. 372 § 4; Ord. No. 377 § 1; Ord. No. 24-2014]
a.
It shall be unlawful to proceed with the construction, installation,
enlargement or alteration of any driveway as herein provided unless:
b.
Application for permits shall be made in writing to the Construction
Official signed by the owner of the property or properties which the
driveway or driveways are intended to serve. The properties affected
shall be identified therein by lot and block number as shown on the
Official Map of the Borough.
c.
Application to the Shade Tree Commission shall be made pursuant to
ordinances, rules and regulations of that Commission.
d.
The non-refundable fee for such an application shall be in the sum
of $200 for zoning review of said application and shall accompany
the application on the filing thereof. An escrow deposit of $500 shall
also accompany the application on the filing thereof for the necessary
engineering review of said application, the unused balance of which
shall be refunded to the property owner after all such charges have
been satisfied.
e.
The application shall be accompanied by a plan for the proposed driveway
prepared by a professional engineer or land surveyor duly licensed
by the State of New Jersey showing:
1.
The limits of the proposed driveway;
2.
The materials of construction;
3.
Details of curbing and drainage structures, if any;
4.
The size and species of all trees and shrubbery within the limits
of the proposed driveway and for a distance of 20 feet each on side
thereof;
5.
Sufficient spot elevations in the area of the proposed driveway and
for a distance of 20 feet on each side thereof sufficient to enable
the Borough Engineer to determine the effect of the construction of
the driveway on drainage and other features of the Crescent Park.
f.
The issuance of a permit as herein provided for shall be approved
by the Mayor and Council.
[Ord. No. 372 § 5]
All driveways as herein provided for shall be constructed and
maintained in accordance with the following design standards:
a.
Width. Driveways extending from the property line to the public roadway
in Crescent Park shall have a paved width of not less than 10 feet
and not more than 12 feet.
b.
Driveways connecting contiguous properties as provided for in subsection 21-4.3 above shall have a paved width of not less than 10 feet and not more than 20 feet.
c.
Pavement. The surface of the driveway may be paved with road gravel,
bituminous concrete or precast concrete paving stones. No other types
of pavement are permitted. Road gravel shall conform to the specifications
for Soil Aggregate, Type 2, Class A or B of the New Jersey Department
of Transportation and shall be six inches in thickness. Bituminous
concrete shall be bituminous concrete, Type FABC or Bituminous Stabilized
Base Course, conforming to current specifications of the New Jersey
Department of Transportation and shall be three inches in thickness.
Precast pavers shall have a minimum thickness of 3 1/8 inches,
shall be of standard manufacture, muted earth colors and shall conform
with current requirements of ASTM C-936 standard specifications. Pavers
shall be set in a 1 1/2 inch to two inch thick clean sand laying
course with a minimum four inch thick compacted granular subbase.
d.
Grade. All driveways shall be graded to match exactly the existing
elevations and contour of the park so that the natural flow of water
will not be impeded or obstructed and trees adjacent to the driveway
will not suffer root damage.
e.
Curb. Curb consisting of poured concrete, concrete block or brick
not more than eight inches in width at the top and having a minimum
depth of eight inches, may be constructed along the edge of driveways.
The curb shall terminate at a point not closer than five feet from
the edge of the road maintained by the Borough. The top of the curb
shall not extend more than 3/4 inch above the pavement surface or
the adjacent natural earth.
f.
Drainage. No driveway shall be graded so as to discharge water from
the driveway onto the driveway serving an adjoining property. Leaching
basins having interior dimensions of not less than two feet by three
feet and equipped with a cast iron grate heavy enough to carry vehicular
traffic may be required at low points to dispose of surface water
so that it will not flow onto neighboring driveways. The number, location
and detail design of the leaching basins shall be subject to approval
by the Borough Engineer.
g.
Sign Post. A sign post may be erected adjacent to the driveway not
less than five feet from the edge of the roadway maintained by the
Borough. The sign post shall indicate the house numbers of the dwellings
which can be reached via the driveway.
[Ord. No. 372 § 6]
Fences are not permitted within the geographical boundaries
of Crescent Park.
[Ord. No. 372 § 7]
All costs for engineering, construction and other expenses in
connection with the construction of the driveways shall be borne by
the property owner or owners.
[Ord. No. 372 § 8]
The driveway and pavement thereon together with any drainage
structures necessitated by the construction of the driveway shall
be maintained by the owners of the property served by such driveway.
[Ord. No. 372 § 10;
New]
a.
This section shall be enforced as hereinafter provided by the Construction
Official who is hereby empowered to inspect or cause to be inspected
any driveway, plans or premises and to order in writing the remedies
of any condition found to exist therein or thereat in violation of
the provisions of this section.
b.
Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of the provisions of this section shall be subject to, upon conviction thereof, the General Penalty established in Section 1-5 of this Code.
c.
In addition to the powers given to the Construction Official as aforesaid,
any member of the Police Department of the Borough and the owner of
any property in the Borough may make a complaint for any violation
of any of the provisions of this section and upon conviction in such
cases the penalties hereinbefore set forth shall be imposed.
d.
In addition to the remedy or remedies hereinbefore provided, any
person, persons, company or corporation violating this section or
any provision thereof, may be proceeded against by the Borough, the
Construction Official of the Borough, or the owner of any property
in the Borough, by appropriate action, proceedings in equity or otherwise
to prevent or enjoin any threatened or existing violations, or any
continuing violation of this section, or any part or provisions thereof.
[1]
Editor's Note: Prior source history includes Ordinance Nos.
589 and 932.
[Ord. No. 18-2010 § 2]
The owner, occupant or tenant of premises abutting public streets
in Sea Girt Zoning Districts 2 East, 2 West and the west side of State
Highway 71, between Chicago Boulevard and Sea Girt Avenue, shall remove
snow and ice from the abutting sidewalks of such streets in order
to create a two foot path or, in the case of ice which may be so frozen
as to make removal impracticable, shall cause the same to be thoroughly
covered with sand, salt or other suitable abrasive within 12 daylight
hours after the same shall fall or be formed thereon. In the case
the building is occupied by more than one family or business unit,
then the tenant or occupant of the first floor or story thereof is
required to remove all snow and ice from such portion of the sidewalks
or, in the case of ice which it is impracticable to remove, shall
cover the same with sand, salt or other suitable abrasive within 12
daylight hours after the same shall be formed or fall thereon.
[Ord. No. 18-2010 § 3]
No owner, tenant or occupant of any premises abutting on any
street shall throw, place or deposit any snow or ice into or upon
any street in the Borough. It is the intent and purpose of this provision
to prohibit all persons from throwing, casting, placing or depositing
snow and ice which accumulates within the private property belonging
to such persons upon the sidewalks or streets of the Borough.
[Ord. No. 18-2010 § 4]
Any person, firm or corporation found guilty in the Municipal
Court of violating this section shall be subject to a fine not exceeding
$500 a day for each successive 24 hours of noncompliance with this
section.
