Editor's Note: See also the prohibition of littering, Section 3-10.
[1985 Code § 9-1.1]
Any person owning, leasing or occupying any house or other building or vacant lot, fronting on any street shall at his expense, maintain in good repair the sidewalk including the installations thereon and therein and the curb and gutter of the street in front of the house, building or lot.
[1985 Code § 9-1.2]
Upon failure of any owner to construct or maintain the sidewalk, curb and gutter as provided for in the preceding section, the Borough Council or its authorized representative shall serve, according to law, a notice, upon such owner, lessee or occupant describing the property affected and the improvement for repairs required and stating the intention of the Borough to cause such improvement or repairs to be made within 30 days after service of notice in the event that such owner, lessee or occupant shall fail to do so.
[1985 Code § 9-1.3]
If after service of any notice as provided for in the preceding section, the owner of any lands affected thereby shall neglect to make the improvement directed by such notice, the Mayor and Council shall cause such improvement to be made and shall certify the costs of the same to the Borough Tax Collector who shall collect and enforce such sidewalk assessment as provided for by law.
[1985 Code § 9-1.4; Ord. No. 2/15/90; New; Ord. No. 09-09 § 1]
No person shall construct, remove, repair, replace, reset or alter the sidewalk, curb or gutter, or cause the construction, removal, repair, resetting or altering of the sidewalk, curb, gutter of any public street in the Borough, nor store thereon construction materials for the same without permission of the Mayor and Council or its authorized representative. No permit shall be granted until and unless there shall be paid to the Borough a fee and deposit in accordance with the following schedule.
Fee
For constructing, removing, repairing or replacing and occupying street with construction materials and equipment
$50
For constructing, repairing or replacing of any sidewalk public or private:
Less than 500 square feet
$50
More than 500 square feet
$75
More than 1,000 square feet
$100
For resetting curb to a lower elevation for a driveway
$50
For cutting of curb for a driveway
$50
Sidewalk Opening Bond (area of disturbance less than 50 square feet)
$125
(area of disturbance 50 square feet or larger)
$1,000
Bond returned upon final inspection and approval
Street Openings
$1,000
Bond returned upon final inspection and approval
Utility Company Sidewalk/Street Opening: Utility companies shall post a yearly bond of
$25,000
[New]
a. 
Sidewalk Specifications. All sidewalks shall be a minimum of four inches thick concrete (3,000 psi).
b. 
All curbs shall be a minimum of 20 inches deep and six inches above street grade (3,000 psi), except at driveway entrance where there shall be a one inch minimum above street level.
c. 
Driveway aprons and sidewalks adjacent to apron shall be a minimum of seven inches thick concrete (3,000 psi).
[1985 Code § 9-1.5]
a. 
All sidewalks hereafter paved or repaired shall be paved with a uniform strip of five feet laid in the center thereof unless otherwise provided for by ordinance.
b. 
Every sidewalk, at the curbline, shall be of the same grade as that established for the top of the curb except that where any driveway may cross the same, it shall be the same grade as the top of the lowered driveway curb. From the property line the paved and unpaved portions shall have a uniform slope of at least 1/4 inch and not more than 1/2 inch per foot towards the established curbline and grade, except that where a driveway crosses the sidewalk the surface may slope from the top of the lowered driveway curb to meet the normal prescribed sidewalk grade at the adjacent edge of the required sidewalk pavement strip. In all cases the sidewalk must be paved to meet adjoining walks to present a continuous smooth surface free from abrupt rises or depressions.
c. 
Where any driveway crosses the sidewalk it shall be paved with a smooth pavement to join, and be continuous with the abutting sidewalk pavements.
d. 
No person shall break up or displace in any way any of the paved streets, sidewalks, curbs or gutters of the Borough, take any public property in any of the streets or other public grounds of the Borough for the purpose of constructing, laying, repairing or removing any underground conduit, pipe, drain, wire, storage tank, sidewalk cellar entrance areaway or other service, and the necessary appurtenances thereto, without the permission of the Mayor and Council or its duly authorized representative.
e. 
Except as herein provided no such permission shall be granted until and unless there shall be deposited with the Borough a sum sufficient to cover the estimated cost of restoring and protecting against settlement such sidewalk, curb, gutter, pavement, street surface or other public property, including the expense of inspection thereof, and upon the completion thereof, any balance remaining shall be returned to the applicant.
[1985 Code § 9-1.6]
Whenever application for such permit is made by any department, bureau or board of the Borough, County or State, or by any gas, electric, telegraph, railway company or other public utility, the Mayor or Council may, in their discretion, issue such permit without the payment of the deposit required by the provisions of the preceding paragraph but he shall, after restoration of the sidewalk, curb, gutter, pavement, street surface or other property, collect from such department, bureau, board or company, the cost to the Borough of such restoration and the inspection thereof.
[1985 Code § 9-1.7]
Whenever any pavement, sidewalk, curb, gutter, street surface or public property is broken up or displaced, it shall be restored to its proper condition as soon thereafter as is practicable by the Borough Engineer or, upon permission of the Borough Engineer, by the person who broke up or displaced the same.
[1985 Code § 9-1.8; Ord. 2/15/90; New; Ord. No. 09-09 § 2]
It shall be unlawful for any person to fill in or excavate, or cause to be filled in or excavated, or take up, remove or carry away, or cause to be taken up, from any street or public place, or any part of a street or public place without first obtaining the approval and written permit of the Mayor and Council or its authorized representative under penalty of a fine as established in Chapter 1, Section 1-5 for each offense, or, in the case of a person, by imprisonment for a term not exceeding 90 days or by both such fine and imprisonment. A bond is required for a street opening permit at a fee of $1,000. The bond shall be returned upon final inspection and approval.
[1985 Code § 9-1.9]
No street or portion of a street shall be closed to traffic except by permission of the Mayor and Council or its authorized representative.
[1985 Code § 9-1.10]
Whenever permission is granted by the director for the temporary closing of any street, or for the temporary closing, occupancy or disturbance of the surface of more than 1/2 of the roadway, or whenever an unsafe condition is created on any street or public place in the performance of any work or in the doing of anything authorized by a permit, the holder of such permit shall notify the Police Department, fire department and bureau of streets, at least 24 hours in advance of starting work on, or occupying such street, for which the permit is granted.
[1985 Code § 9-1.11]
All open trenches, ditches, manholes, coal holes, vaults, excavations, street surface disturbances, or any work in, under or upon any street or public place, which, if left exposed, would be dangerous to persons using such street or public place, shall be properly fenced, railed or barricaded as prescribed by the regulations of the Mayor and Council until such time that the obstruction or danger is removed.
[1985 Code § 9-1.12]
At twilight there shall be placed and lighted suitable and sufficient lights upon or about railing, fences, barricades, building materials, construction equipment and other obstructions and open trenches, ditches, manholes, coalholes, vaults and excavations in any street or public place, which shall be kept burning through each night the obstruction continues. The posting of red flags or other warning signs during the day time shall be prescribed by the regulations of the Mayor and Council.
[1985 Code § 9-1.13]
No person shall throw down, displace or remove any fence, rail or barrier; or extinguish or remove any light or remove any warning sign thereon, or on any obstruction in any street or public place, unless acting under the authority of the Mayor and Council, or by the consent of the person superintending the work of materials protected thereby.
[1985 Code § 9-1.14]
No one being the owner, driver, manager, operator or conductor of any cart, wagon, truck or other vehicle shall drive past any barrier, warning sign or watchman posted to give warning, over or upon any newly paved surface or other new construction, in any street or public place.
[1985 Code § 9-1.15]
No earth, refuse, building material, construction equipment or any other article or material whatsoever shall be deposited to interfere with the free and unobstructed passage of water along the gutter way of any street of a public place.
[1985 Code § 9-1.16]
No obstruction of any kind shall be placed upon any street or public place within 10 feet of any fire hydrant, and the space around all such hydrants shall at all times within the limit aforesaid be kept open and unobstructed.
[1985 Code § 9-1.17]
No obstruction of any kind shall be placed over or upon, or in such a manner so as to obstruct and prevent the use of any water box or appliance, unless the location of such box or appliance be suitably marked and unless such obstruction can be readily removed from such location immediately upon receipt of notice from the Water Purveyor to do so.
[1985 Code § 9-1.18]
No lime, cement, mortar, concrete or other material shall be mixed directly upon any paved surface of any street or public place; a watertight box shall be employed for the mixing of any wetted material over any paved surface.
[1985 Code § 9-1.19]
The owner, driver, manager, operator or conductor of any cart, wagon, truck or other vehicle parked or standing in any street or public place in such a manner that it obstructs the progress of work of public improvement or of snow removal or in such a manner that the flow of traffic past such work or past any construction work, material or equipment, is impeded, shall upon verbal notice given by any police officer, inspector or other duly authorized representative of the Governing Body, immediately move such cart, wagon, truck or other vehicle to a location separate from and clear of such work, material or equipment under penalty of a fine of not more than $25 for neglecting or refusing to do so.
[1985 Code § 9-1.20]
It is further provided that if such owner, driver, manager, operator or conductor of any such vehicle cannot be located, or neglects or refuses to comply with the notice to move as provided in the preceding section then the aforesaid representative of the Governing Body shall at the expense of such owner, driver, manager, operator or conductor, move or cause to be moved such cart, wagon, truck or other vehicle to some suitable location or place of storage.
[1985 Code § 9-1.21]
It shall be unlawful for any person to place or cause, suffer or permit to be placed or maintained, any show case or other construction or device for the display of merchandise; or any box, barrel, can, package or thing whatsoever on or over any sidewalk, roadway or public place, or to display or cause, permit or suffer to be displayed upon or over any sidewalk, roadway or public place, any merchandise for sale or advertisement, under penalty of a fine as established in Chapter 1, Section 1-5, for each offense for each and every day such encumbrance or obstruction shall continue; provided, that this section shall not be construed to prevent the reasonable use of the sidewalk by the occupant of any building or part thereof, for loading, or unloading merchandise; nor prevent receptacles for garbage, ashes or refuse, being placed upon the sidewalks, nor shall it apply to those public places designated as market places.
[1985 Code § 9-1.22]
No person shall erect or maintain or cause to be erected or maintained any post or pole in any public street or public place in the Borough unless permission so to do is obtained from the Mayor and Council.
[1985 Code § 9-1.23]
No person shall cause, suffer or permit any horse, cart, wagon, motor vehicle except construction equipment as authorized by this section to stand or remain upon any sidewalk or portion of a driveway occupying a sidewalk, of any street or public place in the Borough.
[1985 Code § 9-1.24]
The Police Department, Construction Official or his authorized representative is authorized to grant such permit for such time and space as he shall determine, upon payment to the Borough in accordance with the following schedule of fees and deposits:
Fee
Deposit
To occupy up to 250 square feet of street area for 30 days
$5
$10
To occupy from 250 square feet to 500 square feet for 30 days
$10
$15
To occupy from 500 square feet to 750 square feet for 30 days
$15
$20
To occupy from 750 square feet to 1,000 square feet for 30 days
$20
$25
To occupy from 1,000 square feet to 1,500 square feet for 30 days
$30
$50
To occupy from 1,500 square feet to 2,000 square feet for 30 days
$40
$75
To occupy from 2,000 square feet to 2,500 square feet for 30 days
$50
$100
[1985 Code § 9-1.25]
Upon removal of the authorized obstructions and encumbrances and the street or public place restored to its former condition, the director is authorized and directed to return the amount of the deposit to the holder of such permit less any expenses caused to the city by failure of the holder of the permit to properly restore the street or public place to its proper condition.
[1985 Code § 9-1.26]
No rebate or return of any part of the inspection fee shall be made even though the holder of the permit has never placed any material or equipment under the authority granted him by the permit.
[1985 Code § 9-1.27]
The provisions of this section do not apply to the occupancy of streets by earth, materials or equipment authorized by a permit for public utility construction, repair or maintenance, sidewalk pavement or curb work, or street pavement construction, repair or maintenance.
[1985 Code § 9-1.28]
Upon failure or refusal of the holder of any permit to remove any encumbrance or obstruction within 24 hours after receiving notice in writing of the revocation of his permit or of his violation of any Borough ordinance or regulation, the Construction Official is authorized and directed to remove or cause the removal thereof, and to deduct from the deposit the cost of removal before turning the balance.
[1985 Code § 9-1.29]
It shall be unlawful for any person to store, use or operate upon any street or public place in the Borough any steam boiler, gas engine, concrete mixer, sand blast machine, tar kettle, material elevator, overhead chute, mechanical conveyor or similar equipment or devices without first obtaining the approval and written permission of the Construction Official or his authorized representative.
[1985 Code § 9-1.30; New]
The Construction Official or his authorized representative shall not issue such permit until and unless there shall be paid to the Borough the sum of $50 as a fee for storage, use or operation upon any street or public place, of each piece of equipment referred to in the preceding section for a period not exceeding 30 days.
[1985 Code § 9-1.31]
The provisions of this section do not apply to the storage, use or operation upon any street or public place of any equipment for the construction, repair or maintenance of any public utility, nor the performance of street or utility work engaged in by the Borough or contracted for by the Borough, nor for the construction of any sidewalk for which a permit has been issued.
[1985 Code § 9-2.3]
No person shall drive any horses, vehicles, cows, goats, sheep or other animals over or upon sidewalks of any street in the Borough.
[1985 Code § 3-7.1]
The owner or owners, tenant or tenants, or occupants of lands abutting or bordering upon the sidewalks, streets, or other public places of the Borough where there is a graded or paved sidewalk, shall remove or cause to be removed from the sidewalks in front of or bordering on the lands, all snow and ice within 12 hours of daylight after the same shall have been formed or fall thereon. In the event that the snow and ice on the sidewalks shall be frozen so hard that it cannot be removed without injury to the sidewalks, it shall be the duty of the owner, tenant or occupant to cause such sidewalks to be made safe and convenient by covering the snow or ice with sand, ashes, cinders, or other suitable substance, and, as soon thereafter as the weather will permit, to thoroughly clean the sidewalks.
[1985 Code § 3-7.2]
a. 
The owner, tenant or occupant of lands abutting from the sidewalks, streets, or other public places of the Borough where there is a paved or graded sidewalk shall remove or cause to be removed from the area bounded by the curb line and property line and in front of or bordering on their lands, all grass, weeds, brush, dirt, filth, mud, manure, papers or other impediments or obstructions, within three days after notice by the Chief of Police to remove the same. Such notice may be served by delivering the same to such owner, tenant or occupants or by leaving the same at his usual place of business or abode; or in the event such owner is a nonresident or cannot be found, by posting the same in a conspicuous place upon the aforesaid lands.
[1985 Code § 3-7.3]
If the owner, tenant or occupant shall fail to clean any sidewalk in the manner and within the time prescribed for in subsections 20-3.1 and 20-3.2 the same may be cleaned under the direction of the Construction Official, and the cost thereof shall be assessed against the lands, abutting the sidewalks and shall be levied, certified, and collected by the Tax Collector of the Borough in the same manner as special assessments for the construction of sidewalks.
[1985 Code § 3-6.2]
The accumulation of refuse, debris, incumbrance and obstructions of every kind and nature in the gutters, on the sidewalks and streets within the Borough is prohibited.
[1985 Code § 3-6.3]
It shall be the duty of the owner, occupant or user, as the case may be of any store, dwelling house, vacant lot or other place or places within the Borough to keep the sidewalks and gutters and 1/2 of the street in front of his or her or their premises so owned, used or occupied at all times entirely free from all refuse, debris or obstructions of every kind and nature, excepting such articles as may be permitted by the resolution or ordinance of the Borough Council.
[1]
Editor's Note: See also Chapter 3, Police Regulations, Section 3-10 for additional regulations regarding litter and maintenance of sidewalks.
[1985 Code § 3-6.4]
Handbills, old newspapers and waste paper of every description, tin cans, sticks, stones, rags, glass bottles, old iron, garbage, boxes, barrels, kegs and any and all things of a similar nature shall be taken and construed as refuse and debris under the provisions of this section.
[1985 Code § 3-6.5]
It shall be the duty of Police Officers and employees of the Street Department on discovering any such refuse, incumbrance or obstruction, to notify such owner or occupant to remove the same, and upon failure to remove the same, the owner or occupant shall be prosecuted according to law.
[Added 12-11-2019 by Ord. No. 10-2019]
As used in this section, the following terms shall have the meaning as indicated:
APPLICANT
A person who applies for a permit.
PERMITTEE
A person who has been issued a permit.
STREET
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.
a. 
Permit required. No person shall make an excavation in, or tunnel under, any street without the issuance of a permit.
b. 
Term. Such permit shall remain in effect for 30 days, provided that such time may be extended upon application made to the appropriate Borough official within the thirty-day period for an additional 30 days, upon good cause being demonstrated for the noncompletion of the work within the initial period.
c. 
Case of emergency.
1. 
In the event of an emergency, work may commence immediately, provided that:
(a) 
An application has been filed with the Building Department with an estimate of fees required and with an estimated performance guarantee.
(b) 
The procedure in Subsection C(1) above may be implemented the next business day succeeding the commencement of the work, in the event the emergency takes place after the close of the business day, provided that a call is made to the Police Department citing the information required in § 20-5.3a(1) through (7) and (9).
(c) 
The permit, when issued, shall be retroactive to the date on which the work was begun.
2. 
The Chief of Police is to turn over to the Chief Finance Officer and Finance Department immediately all fees received by him/her pursuant to this section.
a. 
All applications for street opening permits shall be filed with the appropriate Borough official on forms provided by such office and shall provide the following information, as applicable.
1. 
Name, address and telephone number of the applicant.
2. 
Names, addresses and telephone numbers of parties to be reached in the event of an emergency.
3. 
Street address of premises adjacent to proposed opening.
4. 
The Tax Map lot and block numbers of properties abutting and adjacent to the portion of the street to be opened.
5. 
Name, address and telephone number of property owner for whose benefit opening is to be performed.
6. 
Character and purpose of the proposed work.
7. 
Estimated time when work is to be commenced and completed.
8. 
Plans and specifications or other drawings on permit, showing the exact location and dimensions of all openings.
9. 
Name, address and telephone number of the person who is to perform the work.
10. 
An acknowledgment that the applicant agrees to replace, at his/her own cost and expense, the pavement, curb, gutter, lawn, sidewalk and all other disturbed areas in accordance with current Borough standards within 90 days of any particular street opening with the following exceptions:
(a) 
Within 24 hours of such opening the area shall be restored by complete backfilling with a dense graded aggregate in accordance with the New Jersey Department of Transportation specifications for the full depth of the trench, excepting the uppermost portion, which shall be restored by base course Mix I-2 and two inches of bituminous concrete surface course Mix I-5. The surface course shall consist of five inches of stabilized base.
(b) 
The surface course may be delayed with consent of the Building Department or Borough Engineer until a reasonable time to allow for trench settlement.
(c) 
The placement of the surface coarse may be delayed in the event of the winter season to a date not beyond April 15.
(d) 
Certain underground conduits, pipes, etc., which may require a sand cushion adjacent to the structure for protective reasons, will be permitted if indicated in the application and with approval of the Department of Public Works or Borough Engineer.
(e) 
Edges of all excavation shall be cut in a straight line with a saw or an approved pavement cutter.
11. 
The nature, location and purpose of the work.
12. 
A statement that the permittee will comply with the ordinance, regulations and laws relating to the proposed work.
13. 
Any other data reasonably required by the Construction Code Department.
b. 
A permit shall be required for each and every road excavation unless otherwise agreed upon.
c. 
A permit shall not be transferred except upon prior written consent of the Construction Code Official.
d. 
Each permittee shall call 1-800-272-1000 to obtain a utility mark out at least 48 hours prior to commencement of excavation of any street and certify that (s)he has followed the mark-out procedure for determining the location of utilities and obstructions within the area of the proposed work, and submit a mark-out reference number, as provided by the Garden State Underground Plant Location Service.
a. 
Each permittee shall keep each respective opening properly guarded with lights, devices and manpower as may be required. Barricades, signs and traffic control shall be in accordance with the Manual of Uniformed Traffic Control Devices. Work shall be performed in a manner and by a schedule so as to affect the least traffic interference. No road shall be closed to traffic unless permission is granted through the office of the Chief of Police; provided, further, that no road shall be so closed on a daily basis for more than one day without the grant of permission from the Director of Public Safety, or his/her designee. In the event the Police Chief, or his/her designee, deems it necessary, an off-duty Borough police officer shall be employed by the applicant to direct traffic.
b. 
The permittee shall hold harmless the Borough, its officers and agents from any loss, injury, claim, demand or damage resulting from any negligence or fault of the permittee, or the agents of the permittee, in connection with the performance of work covered by the permit. In the event the work has not been completed on or before the expiration date of the permit and the permittee has not requested an extension of time, the Building Department, if it deems it advisable, may take steps to backfill the trench and replace a permanent pavement over the opening for which the permit was issued and charge or deduct same against the bond required in § 20-5.7. If any extension of time beyond the date is required for the completion of the work, a new application must be filed if the Borough Engineer or Building Department so requires.
c. 
Except in the case of an emergency or special construction requirements, all road openings shall be closed. within 24 hours by the permittee, or its delegated agent, and thereafter maintained in a safe condition for vehicular traffic until the permanent surface has been restored. In the case of an emergency, a substituted closing may be constructed as directed by the Building Department.
d. 
Any work for which a permit is issued shall be conducted so as not to interfere with any water main or sewer, or any connection from a water main or sewer to any building, unless prior permission for interference has been obtained from the subcode official of the Building Department or the Borough Engineer. All rock within five feet of any water main, sewer or other pipe which may become damaged shall be removed without blasting. No excavation which may damage trees or shrubbery shall be made without the prior permission of the Building Department or the Borough Engineer.
e. 
When closing the street, each permittee shall completely backfill the trench with material which is to be placed in layers not exceeding 12 inches in thickness, moistened as required, and each layer tamped until thoroughly compacted.
f. 
In the restoration of original pavement in an excavation, the following rules shall govern:
1. 
The foundation shall be restored to a width of 12 inches wider than the width of the trench, except where deemed unnecessary in the reasonably exercised judgment of the appropriate Borough official.
2. 
The surface pavement shall extend 12 inches wider than the width of the foundation and six inches longer than the length of the foundation.
3. 
The permittee must install the restored foundation as well as the restored surface of all openings.
g. 
In cases where it is necessary to resort to tunneling operations to reach the point of connection with any main line, the backfill in the tunnel shall be of rammed cement concrete composed of a mixture of one part of cement and six parts of coarse aggregate material.
h. 
The Building Department or the Borough Engineer may impose special condition in any special case.
i. 
Under extraordinary conditions not covered by this section, the Borough Engineer shall receive a copy of the plan of the permittee and, after evaluation, set a fee commensurate with the circumstances in the exercise of his/her reasonable judgment.
j. 
The Borough Engineer may make any reasonable rules and regulations which (s)he considers necessary for the administration and enforcement of this section, but no regulation shall be inconsistent with, alter or amend any provisions of this section or impose any requirement which is in addition to those expressly imposed by this section. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
a. 
Utility companies, including those engaged in the installation of gas, water and electric lines, shall report to the Department of Public Works and the Borough Engineer, yearly, their intentions with regard to prospective work requiring future street openings in the community for the purpose of coordinating such activity with pavement projects anticipated by the Borough.
b. 
Except in the case of an emergency, the Borough shall have the right to schedule street openings with utility companies in a manner which will create the least disturbance to pavement courses, in furtherance of which purpose the Department of Public Works shall provide to the utilities a schedule of expected street construction and resurfacing.
a. 
Each applicant for a permit, before its issuance, shall pay to the Building Department a fee as set forth in § 20-1.4, Permit; Fees, per opening.
b. 
The permittee shall deposit with the Building Department such fees as are reasonably anticipated to be required to reimburse the Borough for the cost of plan review and inspections, as may be required by the Building Department and/or the Borough Engineer. In the event the project extends beyond the anticipated completion time, the Borough Engineer may deem that additional fees be deposited to cover Borough expenses.
a. 
All permittees, including, but not limited to, public utilities, counties, their contractors or contractors of state or federal agencies, shall deposit a guarantee with the Treasurer of the Borough in the form of a bond, certified check or bank draft acceptable to the Borough. The deposits required herein shall be held in a separate account by the Borough and will carry no interest to the permittee. One year after final restoration of the work, pending the approval of the Construction Code Official, the guarantee shall be returned to the permittee. However, should the Construction Code Official, upon final inspection, determine that the construction under this permit was unsatisfactory and/or otherwise in violation of the approved plans or conditions attached to the permit, and should the permittee, upon receipt of written notice of deficiencies, fail to remedy the same in 30 days, then the Construction Code Official shall initiate the process to deduct from the permittee's guarantee all expenses incurred by the Borough in performing the necessary repairs to remediate the same.
b. 
The Construction Code Official shall have the right to perform borings in the pavement, cut cores in the pavement or to perform other investigations as deemed necessary to confirm that the provisions of the road opening permit have been satisfied. The cost of such investigations shall be billed to the permittee.
c. 
The Construction Code Official may require an extended maintenance period in excess of one year and an additional maintenance guarantee depending upon the nature of the work involved. This additional obligation will be released upon completion of the work and acceptance of the work by the Construction Code Official.
d. 
When a maintenance bond is posted, it shall be executed by the permittee as the principal and surety company licensed to do business in the State of New Jersey as surety.
e. 
The release of the guarantee shall be also conditioned upon the permittee restoring the surface and any damage to the streets abutting the work site and those streets which had sustained damage through the use of construction equipment and vehicles.
f. 
For utility main construction, other or additional conditions may be prescribed by the Borough. Plans for such projects must have the approval of the Construction Code Official before a permit may be issued.
Whenever, in the opinion of the Director of Public Works, the nature of any street improvement through which an excavation has been made is such that it will be for the best interest of the Borough that the replacement holding the permit for the excavation to temporarily fill in and close the same, bringing the filling to grade with such tops as the Commissioner shall seem proper to make the same safe and fit for public travel. In that event, any moneys deposited upon application for the permit shall be held to meet the expense of such repavements and the holder of the permit shall be entitled to receive only the balance of the moneys so deposited after deducting the cost of repaving. Money deposited and withheld, however, must be accounted for to the holder of the permit within one year from the date of deposit.
Should the pavement not be replaced within 30 days in the manner and condition to correspond with the remainder of the pavement on the highway, the person holding the permit shall be in violation of this section. In that event the Borough, under the direction of the Department of Public Works, may repair that portions of the street, all expenses shall be deducted from the permit fee on deposit with the Commissioner of Revenue and Finance. Should there be a deficit after making this deduction, the Borough may institute suit of recovery against the permit holder in a court of proper jurisdiction.
Any person who shall violate, permit, allow or suffer to be violated any provision of this section shall be subject to a fine of not more than $200 for each violation, and the imposition of the payment of the required fees. For the purpose of this section, each day that a violation remains in effect may be considered a separate violation.
a. 
Once a year, the Construction Code Official shall notify public utility providers and municipalities of planned work on Borough roads. Any work to be done on these roads will have to be done before paving is started. Such notice shall state that no road opening permit shall be issued for openings, cuts or excavations in such Borough road for a period of 10 years after the date of paving. The notice shall also notify such permittee that applications for road opening permits, for work to be done prior to such paving shall be submitted promptly in order that the work covered by the permit may be completed before paving.
b. 
During such ten-year period, no permit shall be issued to open, cut or excavate in such Borough road unless, in the judgment of the Construction Code Official, an emergency exists which makes it absolutely essential that the road opening permit be issued.
c. 
The Construction Code Official is authorized to demand a cash escrow or equivalent in an amount not exceeding $10,000 to assure that any road opening on roadways paved within the past 10 years is restored satisfactorily. The restoration shall include milling and repaving of the area so as to blend uniformly with the adjacent roadway as per the conditions stated in the permit, including restoration of pavement markings, signage and all other appurtenances.
a. 
Roadway restoration requirements for all excavation work involving roads of the Borough shall require the following: a six-inch-thick dense grated aggregate subbase, base coat of stabilized eight-inch-thick Mix I-2 and two-inch surface course of bituminous concrete Mix I-5.
b. 
Any road in the Borough which has been resurfaced in the last 10 years for which a new road opening permit is issued shall include the requirement that the party performing the work must resurface the road from curb to curb and from street corner to street corner. Furthermore, all driveways and/or sidewalks at any intersection impacted by work done under a road opening permit must be restored with six-inch-thick Class B concrete with wire mesh reinforcement. All regular sidewalks, when being restored or replaced as part of a road opening permit, must have four-inch-thick Class B concrete. The acceptance of all work done under the aforesaid specifications shall be under the jurisdiction of the Construction Code Official.
[Added 8-12-2020 by Ord. No. 11-2020]
The Office of Construction Code Enforcement is hereby authorized to issue licenses to owners of restaurants for the purpose of erecting and maintaining sidewalk cafes for the serving of food and beverages upon any street, sidewalk or public easement of the Borough of East Newark (al fresco dining). The issuance of a license is conditioned upon the following:
a. 
The filing of a certificate of liability insurance with the Office of Construction Code Enforcement in a minimum amount of $1,000,000, naming the Borough of East Newark as an additional insured, which policy shall be kept in full force during the operation of the sidewalk cafe and thereafter to cover all claims arising out of the operation of the sidewalk cafe. Applicants for al fresco dining licenses must also agree to save, hold and keep harmless and indemnify the Borough of East Newark from and for any and all payments, expenses, costs and attorney fees from any and all claims and liability for losses or damage to property or injuries to persons occasioned wholly or in part by or resulting from any acts or omission by the licensee or the licensee's agents, employees, guests, licensees' invitees, assignees or successors, or for any cause or reason whatsoever arising out of the use by the applicant and the licensee's business.
b. 
The licensees shall pay to the Office of Construction Code Enforcement a fee as follows:
1. 
License for sidewalk cafe, per table (two to four chairs): $50; and
2. 
Fee for sidewalk cafe per chair, over four per table: $10.
c. 
The Office of Construction Code Enforcement shall only issue licenses for periods of time authorized by resolution by the Mayor and Council, which resolution may contain whatever terms and conditions the Mayor and Council deem appropriate for the operation of sidewalk cafes during the period of time the Mayor and Council authorize the issuance of licenses. Such terms and conditions may include periods of operation, days of operation, hours of operation, any limitations on the color, shapes and sizes of tables, chairs and umbrellas, the types of service required and such other terms and conditions as the Mayor and Council deem appropriate to protect the public health, safety and welfare.
d. 
The application for an al fresco dining license shall be filed with the Office of Construction Code Enforcement upon forms provided by the Office of Construction Code Enforcement.
e. 
No license shall be issued until all information on the application has been submitted by the applicant; until the relevant inspections have been completed by the Office of Construction Code Enforcement, the Health Officer and/or any other official of the Borough of East Newark, including but not limited to the Borough Administrator (or his designee), members of the East Newark Police Department, East Newark Fire Department and the East Newark Fire Inspector; and until the prescribed license fee has been paid. No license shall be issued to any applicant where any information furnished on the application is false.
No sidewalk cafe shall be permitted to project into a street, sidewalk or public easement more than half the width of said easement or six feet, whichever is less, but in no case shall extend so far as to leave less than five feet for pedestrian traffic. The width for pedestrian traffic shall be measured from the outer limit of the table and chairs of said sidewalk cafe to the parking meter line or curbline, whichever is closest. The operator of a sidewalk cafe may, with the permission of the Borough Administrator, erect a fence, barricade or planter on the sidewalk by the curb, provided that the fence, barricade or planter does not limit access to drivers of motor vehicles to parking meters. The fence, barricade or planter must be acceptable in form, style and substance to the Borough Administrator and may only be in place when the sidewalk cafe is open.
When a sidewalk cafe is not open, all tables and chairs and any other movable equipment left on the sidewalk shall be securely fastened to each other so as not to be readily moved to a location that is not licensed. Such furniture and equipment shall be secured with chain or cable and a locking device. Furniture and equipment may not be secured to the sidewalk, but may be secured to the building facade.
The Borough of East Newark reserves all rights, privileges and immunities concerning its public easement over all streets and sidewalks within the Borough, whether or not any projection or encumbrances have been permitted to be erected on the same, without any waiver of such rights, privileges and immunities, whether expressed or implied.
The Borough expressly reserves the right to require the removal of any sidewalk cafe or other projections or encumbrances upon any street, sidewalk or public easement which is improperly maintained and/or not adequately insured.
This section and any resolution setting rules and regulations for the operation of sidewalk cafes may be enforceable by the Office of Construction Code Enforcement (the Director, or his designee), the Health Officer or any other official of the Borough of East Newark, including but not limited to the Borough Administrator (or his designee), the Code Enforcement Officer members of the East Newark Police Department, East Newark Fire Department and the East Newark Fire Inspector.
Whoever opposes obstructs or resists any Enforcement Officer or any person authorized by the Enforcement Office in the discharge of duties as provided in this section shall be punishable as provided in the applicable code(s) or a court of competent jurisdiction.
Any Enforcement Officer or any person authorized by the Borough of East Newark to enforce the sections here within shall be immune from prosecution, civil or criminal, for reasonable, good faith entry into an establishment while in the discharge of duties imposed by this section.
Unless otherwise provided for in this section, a violation of this section is declared unlawful:
a. 
Any person violating or failing to comply with any provision of this section shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,250, by imprisonment not to exceed 90 days, or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
b. 
Furthermore, the Borough may exercise the right to suspend or revoke an alfresco dining license for a violation.
c. 
The violation of any provision of this section shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
Registration fees and penalties outlined in this section may be modified by resolution, administrative order, or an amendment to this section by ordinance, passed and adopted by the Mayor and Council.
It is hereby declared to be the intention of the Borough of East Newark that the sections, paragraphs, sentences, clauses, and phrases of this section are severable, and if any phrase, clause, sentence, paragraph, or section of this section shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this section.
All ordinances or parts of ordinances in conflict herewith are hereby repealed and replaced.
It is the intention of the Mayor and Council that the provisions of this section shall become and be made a part of the Borough of East Newark Code of Ordinances; and that the sections of this section may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "chapter," or such other appropriate word or phrase in order to accomplish such intentions.
This section shall become effective immediately upon adoption.