[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.
[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.
[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.