[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 95 and 256.
[Ord. No. 442-2002 § 1]
For purposes of this section, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Shall mean any public or private utility company making written
application to the Borough Engineer of the Borough of Woodbine for
an excavation or road opening permit hereunder.
Shall mean the excavation, opening or any other work performed
under a permit and required to be performed under this section within
the public right-of-way.
Shall mean any person who has applied for and been granted
and has in full force and effect a permit issued hereunder.
Shall mean any person, firm, partnership, association, corporation,
municipality, company or organization of any kind.
Shall mean any street, highway, alley, avenue or any other
public way or public ground in the Borough of Woodbine and under control
of the Borough of Woodbine.
[Ord. No. 442-2002 § 2]
a.
It shall be unlawful, except in an emergency as set forth in paragraph
b., for any person to engage in any of the following activities unless
such person shall first have obtained a permit therefor from the Borough
Engineer of the Borough of Woodbine as herein provided:
1.
To dig up, excavate, tunnel, undermine or in any manner break up
any street or public right-of-way.
2.
To make or cause to be made any excavation in or under the surface
of any street or public right-of-way for any purpose.
3.
To place, deposit or leave upon any street or public right-of-way
any earth or other excavated material obstructing or tending to interfere
with the free use of the street.
4.
To perform any other operation on any street or public right-of-way
which in any manner interferes with or disturbs the surface of such
street or public right-of-way.
b.
In the event that any sewer main, conduit or other utility installation
in or under any street, alley or public way shall burst, break or
otherwise be in such condition as seriously to endanger persons or
property, the owner of such sewer main, conduit or other installation
shall immediately remedy such trouble and shall immediately take all
such necessary steps to make said location safe and secure. Such owner
shall not, however, begin making permanent repairs to such street
or alley until he shall have secured a permit as hereinafter provided.
Such permit shall be applied for within five working days after such
break or serious trouble shall have developed, and the necessary permanent
repairs to the street, public right-of-way, alley or sidewalk shall
be made as directed by the Borough Engineer and shall be completed
as soon as practicable, but no longer than 60 days, after receipt
of the permit.
[Ord. No. 442-2002 § 3]
a.
A written application for the issuance of an excavation permit shall
be submitted to the Borough Engineer. The application shall state
the name and address of the applicant; the location and dimensions
of the excavation; the purpose of the excavation: the estimated dates
of commencement, completion and restoration of the excavation, which
in no case will exceed a period of six months from date of application;
and such other data as may reasonably be required by the Borough Engineer.
The Borough Engineer may authorize an extension of said six-month
time period if there is justifiable cause, i.e., weather conditions,
strike or other unforeseen circumstances.
b.
The applicant has the additional responsibility of obtaining a separate
permit in accordance with N.J.S.A. 2A:170-69.4 to 2A:170-69.6 when
the proposed excavation is located within 200 feet of a gas pipeline,
and all permits issued by the Borough Engineer are subject to the
issuance of said separate permit. The applicant is further responsible
for contacting all other local utilities to determine whether any
property or facilities of the utilities are located in the vicinity
of the proposed excavation site, and, if so, the applicant is obligated
to comply with statutes or regulations pertaining thereto.
[Ord. No. 442-2002 § 4]
a.
Upon application and payment of the fees and deposits for which provision
is hereinafter made, the Borough Engineer, in his discretion, may
issue or deny a permit to excavate or open the surface of any street
or public right-of-way controlled by the Borough of Woodbine, within
two weeks of receipt.
b.
No permit shall be issued for any street or right-of-way for a period
of five (5) years after the completion of any construction or reconstruction
to it, except in an emergency situation, at the discretion of the
Borough Engineer.
c.
No permit shall be issued for any road which has been overlaid with bituminous concrete for a period of five years after completion of said overlay, except in an emergency situation or at the discretion of the Borough Engineer or the Mayor, as provided in subsection 18-1.15 of this section.
d.
In nonemergency situations, the Borough Council of the Borough of Woodbine, by resolution, or the Mayor, pursuant to subsection 18-1.15 of this section, may waive the five-year restriction mentioned previously.
e.
The Borough Engineer has the discretionary power, in the case of
Borough streets which carry exceptionally heavy volumes of traffic,
to forbid an opening or tearing up or excavating of such a road, except
in the event of an emergency situation.
[Ord. No. 442-2002 § 5]
a.
Permits shall become null and void unless work is commenced pursuant to subsection 18-1.3a above. The Borough Engineer may, upon application by the permittee, extend the time limit during which the permit shall be valid.
b.
The applicant shall give a 24 hour notice to the Borough Engineer or his duly authorized representative prior to making any road openings, except in cases of emergency as provided in subsection 18-1.2b. No opening shall be commenced on a Saturday, Sunday or a holiday, unless in cases of emergency. If done, inspection must be paid for by the applicant at a rate set by the Borough.
[Ord. No. 442-2002 § 6]
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 six months as set forth in subsection 18-1.3a above. If work is not commenced within that time, the permit shall automatically terminate, unless extended in writing by the Borough Engineer.
c.
Possession of Permit. A copy of the permit, together with a copy
of the plan endorsed with the approval of the Borough Engineer, must
be available for inspection at the work site and shall be exhibited
on demand to any duly authorized employee of the Borough State Police.
d.
Revocation of Permit. The Borough Engineer 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 this section to constitute a nuisance.
e.
Modification of Permit Conditions. In a special case, the 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 chapter shall not apply or shall be altered.
[Ord. No. 442-2002 § 7]
a.
Fees must be paid when the application is made. The applicant shall
be charged a nonrefundable application fee of $50 for each permit.
In addition to the application, the applicant shall post inspection
fees as follows:
1.
Opening an improved or unimproved road, opening in the right-of way, behind the curb, or opening the unpaved shoulder in a public right-of-way. An applicant shall post a minimum fee of $50 per road-opening permit and shall be required to sign the statement to the effect that all reasonable costs by the Borough associated with the inspection of a road opening related to the permit shall be paid upon billing and proof of expenditures of the costs to the Borough. In all cases, the minimum road-opening fee shall be $50. Fees for road-opening permits in excess of $50 shall be based on subsection 18-1.7b.
b.
The road opening permit fee shall be charged by the Borough Engineer
for the issuance of a permit, which shall be in addition to all other
fees for permits or charges relative to any proposed construction
work. The permit fee shall be in an amount varying with the size of
the road opening and roadway typical section, as follows:
c.
Performance Bond.
1.
No permit shall be issued hereunder prior to the submission of a
performance bond in the amount of $90 per square yard of excavation.
This performance bond shall serve to guarantee that the road openings
will be properly closed and that the road, street or highway will
be satisfactorily reconstructed.
2.
In the alternative, a certified check in the same amount shall be
provided with the application.
d.
Maintenance Bond.
1.
A maintenance bond shall be posted prior to the release of the performance
bond. The maintenance bond shall be equal to 10% of the performance
bond. This maintenance bond will remain in effect for a period of
two years. This bond may be in the form of a surety bond, cashier's
check or certified check. The purpose of the maintenance bond is to
guarantee to the Borough of Woodbine that the permittee will satisfactorily
maintain the construction, excavation or road opening for a period
of two years.
2.
A maintenance bond will not be required if the final restoration
is done by the County.
e.
A utility company may, in lieu of giving a separate bond for each
project, annually in January of each year, post a performance bond
or a corporate bond in an amount sufficient to encompass the estimate
work to be performed by said company during the calendar year; provided,
however, that when the openings of trenches exceed the amount of the
bond posted, additional bonds and/or cash security will be required.
Bonds which are based on automatic renewal shall state the renewal
date with the certificate of renewal filed with the Borough.
f.
A utility company or authority may also name the Borough as a coholder
of its performance and maintenance bonds, provided that they are of
greater or equal value, in projects done by an outside contractor.
g.
All checks and bonds under this chapter shall be submitted to the
Borough Engineer and shall be made payable to the Borough of Woodbine.
Cash will not be accepted. The Borough of Woodbine will hold performance
bonds until final inspection and maintenance bonds for two years after
final acceptance.
[Ord. No. 442-2002 § 8]
The applicant, upon securing said permit, agrees that the Borough
of Woodbine, its officers, employees and agents will be saved harmless
from any and all claims of any nature arising out of the construction
of road and street opening work covered by said permit and, further,
that the Borough of Woodbine, in issuing said permit, shall not assume
the liability in connection therewith. In the event of any suit or
claim against the Borough of Woodbine by reason of the negligence
or default of the permittee, upon the Borough's giving written notice
to the permittee of such suit or claim, any final judgment against
the Borough requiring it to pay for such damage shall be conclusive
upon the permittee, and the permittee shall be liable for the Borough's
costs, together with attorneys' fees, in connection with such suits.
[Ord. No. 442-2002 § 10]
a.
The permittee shall take appropriate measures to assure that, during
the performance of the excavation work, traffic conditions as nearly
normal as practicable shall be maintained at all times so as to cause
as little inconvenience as possible to the occupants of the abutting
property and to the general public. The permittee shall keep all street
openings guarded at all times and shall have lights, barriers and
adequate safety devices as described in the Manual on Uniform Traffic
Control Devices maintained throughout the performance of the work,
and no greater part of any road shall be opened than that specified
in the permit.
b.
All persons, firms or corporations granted a permit to make an excavation,
opening or trench in the public streets and highways of the Borough
shall, at all times, maintain suitable barricades and guards, display
proper warning signals and flags, in accordance with the current edition
of the Manual on Uniform Traffic Control Devices, or any supplemental
or amendments thereto, and provide all necessary watchmen to prevent
injury to any person or vehicle by reason of the work. Such barricades
shall be protected by sufficient lights at nighttime. Streets and
highways must be kept open for traffic at all times except when otherwise
ordered or approved by the Borough Engineer. All excavations remaining
open overnight shall be further protected by an enclosure consisting
of, as a minimum, a snow fence. This regulation shall not excuse the
permittee from taking any other precaution reasonably necessary for
the protection of persons or property and shall not be deemed as authorization
to leave a street open when ordered to do otherwise by the Borough
Engineer.
c.
All work shall be done in such a manner as to cause a minimum of
interference with travel on the street affected. No public right-of-way
shall be closed to traffic without prior consent of the Borough Engineer.
The New Jersey State Police (Woodbine Barracks Commander) shall be
informed of all street closings at least 48 hours in advance. In the
event that a road is closed, uniformed police may be required to act
as traffic directors, and the proper traffic control devices shall
be erected and maintained in accordance with standards described in
the latest edition of the Manual on Uniform Traffic Control Devices,
as published by the Federal Highway Administration. The permittee
desiring to close a road to traffic shall also notify the Fire Department,
school board and postal service. The permittee shall pay for all costs
associated with uniformed police service.
d.
Where flagmen are deemed necessary, they shall be furnished by the
permittee at its own expense. Through traffic shall be maintained
without the aid of detours, and in the instances in which this would
not be feasible, the Borough Engineer will designate detours. The
Borough shall maintain roadway surfaces of existing roadways designated
as detours without expense to the permittee, but in case there are
not existing roadways, the permittee shall construct all detours at
its own expense and in conformity with the specifications of the Borough
Engineer.
e.
The excavation work shall be performed and conducted so as not to
interfere with access to fire stations and fire hydrants, utility
valves and maintenance. Materials or obstructions shall not be placed
within 15 feet of fire plugs. Passageways leading to fire escapes
or fire-fighting equipment shall be kept free of piles of material
or other obstructions.
[Ord. No. 442-2002 § 11]
The following measures shall be taken to ensure the safety and
protection of the traveling public:
a.
Any portions of work areas not closed to traffic must be temporarily
patched with cold patch a minimum of two inches thick and properly
maintained, until final paving is installed.
b.
The permittee shall erect and maintain suitable barriers to confine
earth from trenches or other excavations in order to encroach upon
roadways as little as possible.
c.
The permittee shall construct and maintain adequate and safe crossings
over excavations and across highways under improvement to accommodate
vehicular and pedestrian traffic at all street intersections.
d.
The permittee must call the New Jersey Utility Opening Service at
(800) 272-1000 and obtain clearances before beginning excavation.
e.
It is urged that all utilities be constructed with a minimum of three
feet of cover to provide protection for the utilities in the event
that future Borough street or public right-of-way reconstruction,
repair or modifications necessitate excavation, undercutting or installation
of facilities in the area where the utility is located. This location
will in no way relieve the utility owner of the responsibility of
relocating said utility at said utility owner's expense in case of
conflict with future construction, reconstruction or modification
of Borough-related facilities.
[Ord. No. 442-2002 § 12]
a.
All work shall be governed by the New Jersey State Department of
Transportation 1989 Standard Specifications for Road and Bridge Construction,
with all amendments and supplements except as supplemented herein.
b.
No work shall be done in such a manner as to interfere with any water
main or sewer line or any connection with either of the same from
any building, unless that is the purpose of the excavation or permission
has been obtained in advance from the Borough Engineer. No work shall
be carried on in such a manner as to result in damage or destruction
of any property of the Borough of Woodbine, unless that is necessary
for completion of the work and permission has been obtained in advance
from the Borough Engineer.
c.
For all openings:
1.
The paved roadway surfaces shall be cut vertically with a harp tool
on a straight line before excavating. The edges of the opening shall
be as square and clean-cut as possible.
2.
The material excavated from the trench opening shall not be replaced
as backfill unless specifically permitted by the Borough Engineer.
3.
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 determined
that the excavated material is unsuitable for backfill, the permittee
shall backfill the excavation with sand, cinders or other suitable
material, which shall be placed in layers (not exceeding six inches
in depth) and thoroughly compacted in the manner prescribed by the
Engineer, upon completion of the work, the permittee shall remove
any excess material and leave the premises in a clean condition. If
the Engineer determines that any backfilled excavation has settled
or caved in, he shall notify the permittee, who shall promptly continue
backfilling until the Engineer determines that settlement is complete.
4.
Clean granular backfill shall be furnished from outside sources and
deposited in layers and compacted in such a manner and by such matters
as to achieve 95% standard proctor density throughout the entire backfill.
5.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete or pressure-grouted.
6.
The uncompleted length of a road opening allowed under a permit at
any one time shall not exceed 50 linear feet, unless approved by the
Borough Engineer.
7.
All openings must be backfilled immediately and final pavement restored
between 30 and 90 days.
8.
All openings in roadside areas shall be backfilled and leveled with
clean granular material to within four inches of the adjacent grade.
After proper settlement, four inches of topsoil shall be placed and
the area fertilized and seeded. Mulching shall also be placed when
directed by the Borough Engineer. Should proper growth not be achieved,
the area will be reseeded as necessary.
9.
Road openings and/or trenches involving unusual or special conditions
shall be restored in accordance with and pursuant to the direction
of the Borough Engineer.
10.
Any opening or restoration procedure which is not in conformance
with the technical specifications listed in this section must be approved
by the Borough Engineer.
11.
Upon completion of work, the applicant will request a final inspection
by the Borough Engineer. If work is completed in a satisfactory manner,
a certificate of satisfactory completion will be signed. Upon the
signing of this certificate and the delivery of a maintenance guaranty
to the Borough Engineer, the performance guaranty will be returned.
12.
In any case where the contractor has not complied with these regulations
to the satisfaction of the Borough Engineer, the Engineer, without
notice, may cause the work to be done, and the cost shall be charged
against the bonding company.
13.
Where openings are made in a roadway, disturbing more than 25% of
the roadway, the entire roadway width shall be overlaid with a two-inch
and variable thickness of FABC-1, Mix 5, pavement applied to the entire
length of the disturbed area and rolled in place to obtain a smooth
pavement surface.
14.
The Borough Engineer may, in his discretion, waive the paving of
the entire roadway in cases where less than 50% of the roadway is
disturbed.
15.
All traffic control devices, i.e., signs, stripes, etc., removed
as a result of said permittee's street opening shall be replaced in
conformance with the Manual on Uniform Traffic Control Devices, to
the satisfaction of the Borough Engineer, upon final restoration.
16.
All excess of excavated materials on any street shall be promptly
removed from the street by the person, firm or corporation receiving
the permit.
17.
Dewatering.
(a)
The contractor shall furnish sufficient pumping equipment at
his own expense for satisfactory drainage whenever needed in the trench
and other excavations during the progress of the work.
(b)
All water pumped and bailed from the trench or other excavation
shall be conveyed in a proper manner to a suitable point of discharge.
(c)
The flow in all sewers, drains and watercourses encountered
on the work, and in gutters alongside of or across the work shall
be entirely provided for, both temporarily and permanently, as required,
by the contractor and at his expense.
(d)
Hay bales or other methods approved by the Soil Conservation
Service shall be placed at inlets to prevent sand and silt infiltration.
[Ord. No. 442-2002 § 13]
a.
Temporary Restoration.
1.
Temporary restoration shall consist of a two-inch minimum compacted
depth of bituminous cold-patch material placed on the base material,
brought to adjacent existing grade, and shall be maintained by the
permittee. During the months when hot-mix bituminous concrete is commercially
unavailable, the trench or excavation shall be restored using 10 inches
of gravel subbase and two inches of cold-mix bituminous concrete,
RR102-Fine, or its equal. The contractor shall, to the satisfaction
of the Engineer or his designated representative, maintain the surface
of the trench until permanent restoration is made.
2.
No permittee shall commence the final restoration of any street foundation
or surface until the settlement of the subsurface is complete and
the area is properly prepared for final restoration. Should settlement
continue to be inadequate, the Borough Engineer shall determine when
the work is acceptable for final restoration.
b.
Final Restoration of Oil and Stone Roadways.
1.
For openings in gravel and oil and stone roads, clean granular backfill
shall be added. Eight inches of road gravel (soil aggregate Type I-5)
shall then be added to a level 10 inches minimum below the level of
the adjacent paved surfaces. A two-inch minimum depth of cold patch
shall be placed on the base material as temporary restoration only.
2.
The permittee shall perform the final restoration by removing the
two-inch patch and replacing it with FABC-1, Mix-5, rolled in place
to obtain a smooth pavement surface. All joints between the new and
existing pavements shall be saw-cut and sealed with a tack coat.
c.
Asphalt Pavement Restoration, Final.
1.
As to asphalt pavements, before placing the base course, the opening
shall be cut back six inches beyond the perimeter of the trench opening
and a tack coat applied to all joints. The tack coat shall be asphaltic
oil Grade RC-O or emulsified asphalt 2S-2 or equal. At least one foot
of backfill shall be quarry blend, except high-pressure liquids, i.e.,
water mains or services, where eight inches of compacted gravel (soil
aggregate Type I-5) will be acceptable. Where the existing pavement
depth is greater than two inches, the layer of crushed stone [one
and one-half (1 1/2) inches (quarry blend)] shall be installed
at a twelve-inch depth between the gravel and bituminous stabilized
base course to obtain a minimum depth of four inches bituminous stabilized
base course (I-2 or I-3) conforming to the standard specifications
of the New Jersey Department of Transportation.
2.
For openings in newly constructed or reconstructed [five years old
or less] pavements, a four-inch minimum final layer of bituminous
stabilized base (I-2 or I-3) course shall be required on all openings
and two inches FABC surface course (I-4 of I-5) as specified in the
standard specifications of the New Jersey Department of Transportation.
3.
For openings in concrete or asphalt overlays on concrete, reinforced
Class C concrete shall be installed at a minimum thickness of six
inches or whatever is existing, whichever is greater. The concrete
shall be doweled into existing concrete with No. 6 rebars 12 inches
O.C. in all directions. If an asphalt overlay existed over the concrete,
then the identical thickness of bituminous stabilized base course
shall be placed over any new concrete repairs.
d.
If the work is not completed within the time specified in the permit
or any extension granted by the Borough Engineer or is not performed
in accordance with the regulations set forth in this section and any
other regulations that may be established by the Borough Engineer,
then the Borough may complete the work itself and restore the surface
of the street. The cost of completing the work and restoring the street
shall be charged to the permittee and may be recovered without limit
by an action in any court of competent jurisdiction.
e.
The applicant shall have 24 hours to effectuate repairs to any opening
when notified by the Borough Engineer. Prior to final restoration,
should the applicant fail to make repairs, repairs will be made by
the Borough, and all costs of said repair shall be borne by the applicant.
If payment is not made, the Borough will notify the applicant of its
intent to file against the bond.
[Ord. No. 442-2002 § 14]
a.
If more than three individual holes are required within the twenty-foot
length, a single trench must be used rather than the individual holes.
In no case will more than three individual holes be permitted.
b.
The Borough shall periodically inspect all road openings and the
repair and resurfacing thereof for the purpose of determining compliance
with any conditions imposed on the issuance of the permit and the
specifications. The Borough may, upon the recommendation of its inspector:
1.
Order a temporary stop to any road opening.
2.
Order that the applicant perform or correct specified work in accordance
with the directions of the Borough Engineer.
3.
Order a stop to any work and revoke the permit, in which event the
Borough shall complete or cause to be completed the work and declare
the applicant's cash deposit forfeit or notify the applicant's surety
of an intent to file claim on the bond.
4.
Correct any work after notification to the applicant and the neglect
or the refusal of the applicant to make corrections as indicated and,
upon doing so, declare the applicant's cash bond forfeit or notify
the applicant's surety of an intent to file a claim on the bond.
5.
Take any other action deemed reasonable under the circumstances.
[Ord. No. 442-2002 § 15]
a.
If, by special permission of the Mayor or his designee, a permit
is issued to open any paved or improved street surface less than five
years old, a penalty charge shall be made for the opening, except
that the penalty shall be waived in the event that the work is an
emergency nature. The penalty charge shall be equal to 2% of the cost
of restoring the opening for each unelapsed month or fraction thereof
for the five-year restriction period.
b.
Example. For an opening made with 55 months left on the moratorium
the total permit fee shall be calculated as follows:
|
Cost of opening:
|
$975
|
|
Penalty fee:
|
(2% x 55 months) x $975 = $1,072.50
|
|
Penalty fee:
|
$1,072.50
|
|
Cost of opening:
|
$975
|
|
Application fee:
|
$50
|
|
Total permit fee:
|
$2,097.50
|
[Ord. No. 442-2002 § 16]
a.
The terms of this section shall not apply to a road, street, avenue,
highway or right-of-way within any subdivision approved by the appropriate
governmental bodies prior to the Borough of Woodbine having accepted
the same for maintenance.
b.
In an appropriate case of an application of a public utility for
the installation, removal, replacement or maintenance of utility poles
in the right-of-way where the cartway will not be disturbed, damaged
or substantially affected and where said activities will not create,
constitute or result in a hazard or conditions detrimental to the
public health, safety and welfare, the Borough Engineer or his designee
may waive compliance by said utility with the terms of this section
as may be deemed inappropriate to the accomplishment of the intent
and purposes of this section.
c.
The Borough Engineer or his designee may waive compliance with any
of the terms of this section in the case of an application by a Federal,
State, county or municipal governmental body, department, agency or
authority.
[Ord. No. 442-2002 § 17]
a.
The penalty prescribed for any violation of this section or any subsection
thereof shall be a fine not exceeding $200 or imprisonment not exceeding
90 days, or both. Each day shall be considered a separate offense.
b.
The municipality may withhold issuance of future permits if the applicant
has failed to restore prior street openings in compliance with this
section.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 8 and 442-2002.
[Ord. No. 518-2010 § I]
Pursuant to N.J.S.A. 40:65-1 et seq., the Governing Body finds
and declares that it is in the best interest of public safety that
property owners abutting sidewalks cause the same to be kept free
from obstructions and nuisances of every nature so as to provide for
the free flow of pedestrian traffic in a safe manner in the Borough
of Woodbine.
[Ord. No. 518-2010 § II]
a.
OBSTRUCTIONS — Shall mean any object or thing which is located
upon a sidewalk or walkway which in any way impedes the free flow
of pedestrian traffic upon said sidewalk or walkway;
b.
NUISANCE — Shall mean an obstruction and/or thing such as water
from a sprinkler, snow, ice or dirt, even of a temporary nature, which
would make travel upon the sidewalks impractical. It is not necessary
for said nuisance to block or impede the ability of a pedestrian to
walk upon the sidewalk.
c.
SIDEWALK or WALKWAY — Shall be interchangeable and shall mean
that portion of property located between any road or highway and the
adjacent property upon which pedestrians travel dedicated to the Borough
as a right-of-way for said purposes.
[Ord. No. 518-2010 § I]
Owners of property directly adjacent to any sidewalk or walkway
within the Borough shall be responsible to immediately remove any
obstructions or nuisances upon said sidewalk at the expense of such
property owners,
[Ord. No. 518-2010 § II]
Should any property owner responsible to remove said obstructions or nuisances fail to do so for a period of 10 days after written notice has been given to said property owner by the Code Enforcement Officer of the Borough of Woodbine or his/her designee, a formal complaint may be filed in the Borough Court against said property owner for enforcement of this section. The Municipal Court in its discretion may impose penalties prescribed by Chapter 1, Section 1-5 et seq., of the Borough Code and, in addition, may impose restitution in favor of the Borough for all costs incurred to effect the removal of said obstructions or nuisances.
