[Ord. No. 4-93 § 1]
As used in this section:
STREET
Shall mean any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Borough as a public street, as well as any State or County road or highway over which the Borough has acquired jurisdiction by agreement.
[Ord. No. 4-93 § 1; New]
a. 
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the Mayor and Borough Council.
b. 
A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for a permit is made simultaneously with the commencement of the work or as soon thereafter as practical. When issued, the permit shall be retroactive to the date on which the work has begun.
c. 
The Mayor and Borough Council may issue permits to other public bodies without fee.
[Ord. No. 4-93 § 1; New]
The Mayor and Borough Council are authorized to refuse the issuance of any permit if such refusal is in the interest of public safety, public convenience or public health.
[Ord. No. 4-93 § 1; New]
Application for a permit shall be made to the Mayor and Borough Council and shall contain the following information:
a. 
Name and address of the applicant.
b. 
Name of the street where the opening is to be made and the street number, if any, of the abutting property.
c. 
The Borough tax map block and lot number of the property for the benefit of which the opening is to be made.
d. 
Nature of the surface in which the opening is to be made.
e. 
Character and purpose of the work proposed.
f. 
Time when the work is to be commenced and completed.
g. 
Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimensions of all openings.
h. 
The name and address of the workman or contractor who is to perform the work.
i. 
A statement that the applicant agrees to replace at his own cost and expense, the street, curb, gutter and sidewalk in the same state and condition in all things as they were at the time of the commencement of the work within 48 hours of the commencement of same.
[Ord. No. 4-93 § 1; New]
Permits shall be issued under the authority of the Mayor and Borough Council and in accordance with the provisions of this section and the regulations which the Mayor and Borough Council may establish. The Mayor and Borough Council shall determine the initial time during which the permit shall be valid.
[Ord. No. 4-93 § 1; New]
Each permit shall state the identity and address of the applicant, the name of the street and the location where the excavation or tunnel is to be made, the dimensions of the opening and the period during which the permit shall be valid. The original of each permit shall remain on file with the Municipal Clerks.
[Ord. No. 4-93 § 1; New]
A fee of $500 shall be paid when the application is made for each permit and in addition thereto the applicant shall pay the cost of all tests which the Mayor and Borough Council deem necessary and for all inspections required by the Borough Engineer. The fee shall be paid at the time the application is filed and the cost of all proposed tests and inspections shall be paid prior to the issuance of any permit. An escrow fee shall be established to facilitate payment of engineering inspection fees. The applicant shall provide an estimate of the cost of the improvements for the Borough Engineer's review and approval. The initial inspection escrow to be posted with the Borough shall be determined based upon 5% of the cost of the improvements. Such account shall be funded by the applicant and maintained by the Borough in accordance with N.J.S.A. 40:55D-53h. This account shall be initially funded, and supplemented from time to time as the need arises, by the applicant. Inspections by the Borough Engineer shall be charged against this account at the rate prescribed by the appropriate ordinance.
[Ord. No. 4-93 § 1; New]
No permit shall be issued until the applicant has filed a bond or other acceptable security in an amount determined to be sufficient by the Mayor and Borough Council and in form determined to be sufficient by the Borough Attorney. The Mayor and Borough Council may waive the requirements of this subsection in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting any claims against it up to the amount of the bond which would otherwise be required. The bond shall be executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety and shall be conditioned as follows:
a. 
To indemnify and hold harmless the Borough from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit.
b. 
To indemnify the Borough for any expense incurred in enforcing any of the provisions of this section.
c. 
To indemnify any person who shall sustain personal injuries or damage to his property as a result of any act or omission of the applicant, his agents, employees or subcontractor done in the course of any work under the permit.
d. 
The bond shall also be conditioned upon the applicant's restoring the surface and foundation of the street for which the permit is granted in a manner acceptable to the Mayor and Borough Council.
One bond may be accepted to cover a number of excavations by the same applicant. Bonds shall remain in force for a period to be determined by the Mayor and Borough Council.
[Ord. No. 4-93 § 1; New]
No permit shall be issued until the applicant has furnished the Mayor and Borough Council with satisfactory proof of insurance against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors done in the course of the work to be performed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the policy of insurance shall be $500,000 for injury to any one person, $1,000,000 for injuries to more than one person in the same accident, and an aggregate of $500,000 for property damage for a single incident. The Mayor and Borough Council may waive the requirements of this subsection in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required.
[Ord. No. 4-93 § 1; New]
All permits issued under this section shall be subject to the following rules and regulations:
a. 
Barricades and Warning Lights. All excavations shall be kept properly barricaded at all times and during the hours of darkness shall be provided with proper warning lights. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property.
b. 
Interference with Traffic; Street Closings. All work shall be done 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. The Police Department shall be informed of all street closings at least 24 hours in advance, except where the work is of an emergency nature, when notice shall be given to the Police Department when work commences.
c. 
Extension of Time Limits of Permit. Upon application by the permittee, the Mayor and Borough Council may extend the time limit during which the permit shall be valid.
d. 
Removal of Refuse. All refuse and material shall be removed within 48 hours.
e. 
Backfilling. All excavations shall be completely backfilled by the permittee, and shall be compacted by tamping or other suitable means in a manner prescribed by the Borough Engineer. Where the Borough Engineer determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with sand, soft coal, cinders or other suitable material which shall be placed in layers not exceeding six inches in depth and thoroughly compacted in the manner prescribed. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Borough Engineer determines that any backfilled excavation has settled or caved in, it shall so notify the permittee, who shall promptly continue backfilling until the Borough Engineer determine that settlement is complete.
f. 
Tunneling. If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one part cement to 10 parts sand.
g. 
Blasting. If blasting is required to be done in the course of any excavation, it shall be done in strict compliance with all applicable State laws and regulations.
h. 
Work Incomplete at Expiration of Permit. If the work is not completed within the time specified in the permit or any extension granted by the Mayor and Borough Council, or is not performed in accordance with the regulations set forth in this subsection and any other regulations that may be established by the Mayor and Borough Council, then the Mayor and Borough Council may have the work completed and the surface of the street restored. The cost of completing the work and restoring the street shall be charged to the permittee and may be deducted from his deposit or recovered by any action in any court of competent jurisdiction.
[Ord. No. 4-93 § 1; New]
In all cases the permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements:
a. 
Settlement of Subsurface; Determination by Mayor and Borough Council. No permittee shall commence the restoration of any street or foundation or surface until the Mayor and Borough Council have determined that settlement of the subsurface is complete and the area properly prepared for restoration. During the settlement period the permittee shall keep the trench filled to the level of pavement.
b. 
Replacement of Pavement; Failure to Replace. The permittee shall be required to replace the permanent pavement when ordered to do so by the Mayor and Borough Council within a period of six months following the completion of construction should any additional settlement occur. If the permittee does not replace the permanent pavement to the satisfaction of the Mayor and Borough Council, the permittee shall be required to pay the Borough the cost of making said repair, but not less than $250 for each time such repair is made. If payment to the Borough is not made at time of repair by the Borough, the Mayor and Borough Council may satisfy payment plus any additional fees through provisions of subsection 15-1.8.
c. 
Height of Restoration. The street surface shall be restored so as to extend six inches beyond the excavation on all sides.
d. 
Completion. The street surface shall be restored to the satisfaction of the Mayor and Borough Council.
[Ord. No. 4-93 § 1; New]
a. 
Transferability. Every permit shall apply only to the person to whom it is issued and shall not be transferable.
b. 
Commencement of Work. Work under a permit shall commence within 45 days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate, unless extended in writing by the Mayor and Borough Council.
c. 
Possession of Permit. A copy of the permit together with a copy of the plan endorsed with the approval of the Mayor and Borough Council shall be kept in possession of the person actually performing the work and shall be exhibited on demand to the Mayor and Borough Council or to any Police Officer of the Borough.
d. 
Revocation of Permit. The Mayor and Borough Council may revoke a permit for any of the following reasons:
1. 
Violation of any provision of this section or any other applicable rules, regulations, laws or ordinances.
2. 
Violation of any condition of the permit issued.
3. 
Carrying on work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provision of the revision to constitute a nuisance.
The procedure for revoking a permit shall be the same as that set forth in this Code for the revocation of licenses. The hearing shall be before the Mayor and Borough Council; and the Mayor and Borough Council may provide in their decision that the revocation shall not become effective if the permittee corrects the violation within the specified period of time.
e. 
Modification of Permit Conditions. In a special case the Mayor and Borough Council may by resolution impose special conditions to which the issuance of the permit may be subject, or may decide that any provision of this section shall not apply or shall be altered.
[Ord. No. 4-93 § 1; New]
The Mayor and Borough Council may make any rules and regulations which they consider necessary for the administration and enforcement of this section, but no regulation shall be inconsistent with, alter or amend any provision of this section, or impose any requirement which is in addition to those expressly or by implication imposed by this section. No regulations shall be effective unless they are approved by resolution of the Mayor and Borough Council. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
[Ord. No. 4-93 § 1; New]
It shall be unlawful for any person to construct or remove, or cause to be constructed or removed any sidewalk, driveway apron, curb or gutter or any part thereof within any public right-of-way in the Borough without first having obtained a permit to do so from the Mayor and Borough Council.
[Ord. No. 4-93 § 1; New]
Application for a permit under this section shall be made to the Mayor and Borough Council by the owner of the premises or his agent on forms provided by the Borough and shall contain the following information:
a. 
The name and address of the applicant.
b. 
The name and address of the person who is to perform the proposed work, and the name and address of the owner of the property on which the work is to be performed, if other than the applicant.
c. 
The location, by street number or otherwise, of the premises where the work is to be done.
d. 
The estimated cost of the proposed work.
e. 
A line and grade plan showing the proposed work, including its exact location with respect to a street intersection or some other fixed and prominent object, as well as its width and relationship to the grade of the street and the adjacent property and, in the case of a driveway apron, its slope or pitch.
f. 
Any other information that the Mayor and Borough Council deem necessary in order to determine whether the work will comply with this section.
[Ord. No. 4-93 § 1; New]
A fee of $500 shall be paid when the application is made for each permit and in addition thereto the applicant shall pay the cost of all tests which the Mayor and Borough Council deem necessary and for all inspections required by the Borough Engineer. The fee shall be paid at the time the application is filed and the cost of all proposed tests and inspections shall be paid prior to the issuance of any permit. An escrow fee shall be established to facilitate payment of engineering inspection fees. Such account shall be funded by the applicant and maintained by the Borough in accordance with N.J.S.A. 40:55D-53h. This account shall be initially funded, and supplemented from time to time as the need arises, by the applicant. Inspections by the Borough Engineer shall be charged against this account at the rate prescribed by the appropriate ordinance.
[Ord. No. 4-93 § 1]
a. 
All materials and work shall be in accordance with Borough specifications on file in the Borough Offices.
b. 
Any sidewalk, driveway apron, curb or gutter which is removed shall be promptly replaced in accordance with Borough specifications.
c. 
No concrete sidewalk shall be replaced or covered with blacktop.
d. 
Whenever a curb cut or driveway depression is required, the entire section or sections of curb or curb and gutter shall be removed and replaced. The breaking and recapping of curbing is specifically prohibited.
[Ord. No. 4-93 § 1; New]
The applicant shall notify the Mayor and Borough Council at least 24 hours prior to the time of pouring or laying any sidewalk, driveway apron, curb or gutter so that they may arrange for adequate inspection and testing.
[Ord. No. 4-93 § 1]
This section shall not apply to:
a. 
The initial installation of sidewalks, driveway aprons, curbs or gutters in a major subdivision where the work is covered by performance guarantees required by the Planning Board.
b. 
The repair or replacement of less than eight lineal feet of an existing sidewalk.
[1]
Editor's Note: For additional Property Maintenance Regulations, see Chapter 14.
[Ord. No. 2-84 § 1]
As used in this section:
ROADWAY
Shall mean that portion of a street or highway that is improved, designed or ordinarily used for vehicular travel.
SIDEWALK
Shall mean that portion of a street, other than the roadway, which is normally between the end of the pavement of the road and either the property line of the property owner; or that portion that is generally used for pedestrian traffic, regardless of the precise location of the property line.
STREET OR ROADWAY
Shall mean the entire width between the boundary lines or every way that is publicly maintained, when any part thereof is open for use by the public for purposes of vehicular traffic.
[Ord. No. 2-84 § 1]
a. 
Any person who is in charge or control of any building, structure or lot within the Borough, whether as owner, tenant, occupant, lessee or otherwise, shall remove and clear away, or cause to be removed and cleared away, snow and ice from so much of said sidewalk as is in front or abuts said building or lot of land.
b. 
Except as provided in paragraph d hereof, snow and ice shall be so removed from the sidewalks of all business and commercial premises within the Borough within six hours after the cessation of any fall of snow, sleet or freezing rain.
c. 
Except as provided in paragraph d hereof, snow and ice shall be removed for all other sidewalks within the Borough within 12 hours after the cessation of any fall of snow, sleet or freezing rain.
d. 
However, in the event that snow and ice on a sidewalk has become so hard that it cannot be removed without the likelihood of damage to the sidewalk, the person or entity charged with its removal shall, within the time mentioned in paragraphs b and c hereof, cause enough sand or other abrasive to be put on the sidewalk to make travel thereon reasonably safe and shall then, as soon thereafter as weather permits, cause said sidewalk to be thoroughly cleaned.
[Ord. No. 2-84 § 1; Ord. No. 2-95 § 1]
No person shall deposit or cause to be deposited any snow or ice in the following places:
a. 
On or against a fire hydrant.
b. 
On the traveled portion of a roadway.
c. 
In parking spaces reserved for handicapped drivers.
[1]
Editor's Note: For additional Property Maintenance Regulations, see Chapter 14.
[Ord. No. 2-84 § 1]
No person shall deposit or cause any water or other effluent to be directed from their dwelling, building, or land onto any public street, sidewalk or road or into any Borough storm drain, if such act could result in icing conditions.
[Ord. No. 2-84 § 1]
No person shall cause the accumulation of snow and ice on any street or roadway in such a manner as to endanger pedestrians or obstruct the vision of motorists. In no event shall snow or ice be or be caused to be piled on any corner by any person, partnership, corporation, syndicate or other, as the case may be, within 10 feet of any intersection, in excess of four feet in height which would tend to obstruct a motorist's vision.
[Ord. No. 2-84 § 1]
In situations where the County or municipal snow removal crews temporarily deposit plowed snow onto a sidewalk, property owners so affected will not be required to remove such snow and it will be removed by the County or municipal Road Department forthwith. Property owners are to be responsible only for fallen snow.
[Ord. No. 2-84 § 1]
a. 
In the event of the failure of any person to clear away, treat with abrasives and subsequently clear away any snow and ice from any sidewalk as herein before provided, or to cause this to be done, the Police Department shall, as soon as practicable after such failure, cause such work to be done.
b. 
The Police Department shall ascertain and keep a record of the exact cost of all work he causes to be done in accordance with the section on account of each act or omission of each person, and he shall identify these persons or entities with particularity.
c. 
Each person, whose act or omission makes it necessary that the Police Department cause work to be done in accordance with this section shall be liable to the Borough for the cost of such work plus a penalty of 50% of such cost and reasonable attorney's fees the Borough incurs in the enforcement of this section and collection of the costs and penalties. It shall be the duty of Police Department, Tax Collector or other appropriate official to sue for these costs and penalties.
[Ord. No. 2-84 § 1; New]
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[Ord. No. 2-84 § 1]
The Chief of Police shall be responsible for the enforcement of this section.
[1976 Code § 12-1.1]
The provisions designated herein are determined to be the minimum standards required for the acceptance of any new street or road to be dedicated or granted to the Borough as a municipal road.
[1976 Code § 12-1.2]
An application by the owner or his duly authorized agent to the Borough for the acceptance of any new street or road within the Borough shall be made in writing to the Borough Council setting forth the following information with respect to the road or street involved:
a. 
The length and width of the street.
b. 
The proposed name of the street.
c. 
The name of the owners of lands adjoining the proposed street.
d. 
A designation of any streets intersecting the same.
e. 
A certification that the road has been constructed and meets all minimum requirements set forth herein for the acceptance of the road or street.
f. 
A blueprint or map prepared by a licensed engineer or surveyor showing the boundaries of the street and the lands or other streets bordering on or intersecting with the proposed street.
[1976 Code § 12-1.3]
The aforesaid application shall be accompanied by a deed from the owners of the proposed street containing a convenant of warranty stating that there are no encumbrances against the premises being granted for street purposes, and that title thereto is clear and shall also be accompanied by a certificate for title from a title insurance company or an attorney certifying that there are no encumbrances against the premises to be conveyed for road purposes which title certificate shall be approved by the Borough Attorney. Such warranty deed may, however, allow for the exception and reservation of mineral rights or other special matters where strict adherence to these provisions would prevent that dedication of the street, which would otherwise be acceptable. Allowance of such reservation or exceptions, however, shall be made only after the recommendation of the Borough Attorney in writing to the Council therefore.
[1976 Code § 12-1.4]
Standards for the acceptance or repair of any street or sidewalk shall comply with the requirements as set forth in this Chapter 15 and Chapter 30, Land Development.