[Editor's Note: For shade tree regulations see Chapter 21, Shade Trees.]
[1973 Code § 13-1]
As used in this section:
Any person who makes application for a permit.
The Borough of Roseland, County of Essex.
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
The Borough Engineer of Roseland, or his duly accredited
representative acting within the powers assigned him.
Any person who has been issued a permit and has agreed to
fulfill all the terms of these regulations.
shall mean and include a public street, public easement,
public right-of-way, public highway, public alley, public way, or
public road accepted or maintained by the Borough.
shall mean and include the Assistant Superintendent of Public
Works.
Editor's Note: See also Chapter VII, Traffic for street opening
requirements.
[1973 Code § 13-2.1; New]
It shall be unlawful for any person to make any tunnel opening
or excavation of any kind in or under the surface of any street of
the Borough without first securing a permit from the Borough for each
separate undertaking; provided, any public utility company maintaining
pipes, lines, or other underground facilities in or under the surface
of any street may proceed with an opening without a permit when emergency
circumstances demand the work to be done immediately, providing the
permit could not reasonably and practically have been obtained beforehand.
The person shall thereafter apply for a permit on the first regular
business day on which the Department of Public Works Office is open
for business and the permit shall be retroactive to the date when
the work was begun.
[1973 Code § 13-2.2]
No person to whom a permit has been granted shall perform any
of the work authorized by the permit in any amount or quantity greater
than that specified in the permit, except that upon the approval by
the Engineer, or in his absence the Superintendent of Public Works
or his designee, additional work may be done under the provisions
of the permit in any amount not greater than ten (10%) percent of
the amount specified in the permit. Any deposit and bond posted in
connection with the original permit shall be deemed to cover additional
work as may be approved pursuant to this section within the limit
mentioned herein.
[1973 Code § 13-2.3]
Work for which a permit has been issued shall commence within
ten (10) days after the issuance of the permit therefor. If not so
commenced, the permit shall be automatically terminated. Permits thus
terminated may be renewed upon the payment of an additional permit
fee as originally required.
[1973 Code § 13-2.4]
Permits are not transferable from one person to another and
the work shall not be made in any place other than the location specifically
designated in the permit.
[1973 Code § 13-2.5]
Every permit shall expire at the end of the period of time which
shall be set out in the permit. If the permittee shall be unable to
complete the work within the specified time, he shall, prior to expiration
of the permit, present in writing to the Engineer a request for an
extension of time, setting forth therein the reasons for the requested
extension. If, in the opinion of the Engineer or in his absence the
Superintendent of Public Works or his designee, an extension is necessary
and not contrary to the public interest, the permittee may be granted
additional time for the completion of the work.
[1973 Code § 13-2.6]
Any permit may be revoked by the Engineer, or in his absence
the Superintendent of Public Works or his designee, after notice to
the permittee, for:
a.
Violations of any condition of the permit or of any provisions of
these regulations.
b.
Violation of any provision of any other applicable ordinance or law
relating to the work.
c.
Existence of any condition or the doing of any act constituting or
creating a nuisance or endangering the lives or properties of others.
A permittee may be granted a period of two (2) days from the date
of the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before the permit
is revoked.
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Written notice of any violation or condition shall be served
upon the permittee or his agent engaged in the work. The notice shall
contain a brief statement of the grounds relied upon for revoking
the permit. Notice may be given either by personal delivery thereof
to the person to be notified or by certified or registered United
States mail addressed to the person to be notified.
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When any permit has been revoked and the work authorized by
the permit has not been completed, the Engineer, or in his absence
the Superintendent of Public Works or his designee, shall do any work
which may be necessary to restore the street or part thereof to as
good a condition as before the opening was made. All expenses incurred
by the Borough shall be recovered from the deposit or bond the permittee
has made or filed with the Borough.
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[1973 Code § 13-2.7]
All street openings required by utilities owned or operated
by the Borough shall be made and restored under the direction and
supervision of the Engineer, or in his absence the Superintendent
of Public Works or his designee. The permit, fee, deposit, insurance
and bond requirements shall not be applicable to any openings made
by municipally owned or operated utilities.
Street openings, pavement cuts and pavement restoration for
sanitary sewer and water service connection extensions, after obtaining
the required utility permits from the Borough in addition to the street
opening permit, shall be made by the applicant. Physical connections
from the curbline to the utility main may be made by the applicant
upon approval of the Engineer, or in his absence the Superintendent
of Public Works or his designee.
[1973 Code § 13-2.8]
These regulations shall not be applicable in those instances
where the highway is maintained by the State of New Jersey or by the
County of Essex. In such cases, the regulations of the respective
governmental bodies having jurisdiction shall govern.
[1973 Code § 13-2.8]
Every permit shall be granted subject to the rights of the Borough
or of any other person entitled thereto to use the street for any
purpose for which the street may lawfully be used, not inconsistent
with the permit.
[1973 Code § 13-3.1]
It shall be the duty and responsibility of any applicant to:
a.
Make a written application for a permit with the Engineer, or in
his absence the Superintendent of Public Works or his designee, on
such form as he shall prescribe. No work shall commence until the
Engineer has approved the application and plan and issued a permit
and until the permittee has paid and provided all fees, deposits,
certificates and bonds required under these regulations.
b.
Furnish in duplicate a plan showing the work to be performed under
the permit. If approved by the Engineer, one (1) copy of the plans
shall be returned to the applicant at the time the permit is granted.
c.
Agree to save the Borough, its officers, employees and agents harmless
from any and all costs, damages and liabilities which may accrue or
be claimed to accrue by reason of any work performed under the permit.
The acceptance of any permit under these regulations shall constitute
an agreement by the applicant, whether the same is expressed or not.
[1973 Code § 13-3.2]
It shall be the duty and responsibility of any person receiving
a permit to:
a.
Pay a permit fee of twenty-five ($25.00) dollars.
b.
Make a deposit to cover the cost of restoring the street damaged by such work. The amount of deposit shall be computed by the Engineer, as provided by Subsection 19-6.2. If the Borough does not restore pavement, the permittee must furnish a maintenance bond, as required by Subsection 19-7.1. Upon completion of restoration, the deposit, less any costs incurred by the Borough for repair or protection of the street opening, will be returned to the permittee.
d.
Present evidence that all materials, labor and equipment which are
needed to complete the work as authorized by the permit are available.
e.
Keep the original copy of the permit and an approved copy of the
plan at all times while the work is in progress at the location for
which the permit was granted and show the permit or plan upon demand
by the Borough or police authorities.
[1973 Code § 13-4.1]
a.
No opening or excavation in any street shall extend beyond the center
line of the street before being backfilled and the surface of the
street temporarily restored.
b.
No more than two hundred fifty (250) feet measured longitudinally
shall be opened in any street at any one (1) time.
c.
All utility facilities shall be exposed sufficiently ahead of trench
excavation work to avoid damage to those facilities and to permit
their relocation, if necessary.
d.
Pipe drains, pipe culverts, or other facilities encountered shall
be protected by the permittee.
e.
Any facilities or utilities damaged by the permittee must be repaired
by the permittee under the supervision of the interested person or
make payment to that person to cover repairs made by the utility company
or interested person.
f.
Monuments of concrete, iron, or other lasting materials set for the
purpose of locating or preserving the lines of any street or property
subdivision, or a precise survey reference point or a permanent survey
bench mark within the Borough shall not be removed or disturbed or
caused to be removed or disturbed unless permission to do so is first
obtained in writing from the engineer. Permission shall be granted
upon condition that the permittee shall pay all expenses incident
to the proper replacement of the monument.
g.
When work performed by the permittee interferes with the established
drainage system of any street, provision shall be made by the permittee
to provide proper drainage to the satisfaction of the Engineer.
h.
When any earth, gravel or other excavated material is caused to roll,
flow, or wash upon any street, the permittee shall cause the same
to be removed from the street within eight (8) hours after deposit.
In the event the earth, gravel or other excavated material so deposited
is not removed, the Engineer, or in his absence the Superintendent
of Public Works or his designee, shall cause the removal and the cost
incurred shall be paid by the permittee or deducted from his deposit.
i.
Every permittee shall place around the project any barriers, barricades,
lights, warning flags and danger signs which shall be determined by
the Engineer or police authorities for the protection of the public.
Additional safety requirements may be prescribed by the Engineer or
police authorities and, where applicable, shall be in conformance
with the requirements set forth in the United States Department of
Army, Corps of Engineers, publication: Safety Requirements (1941 edition,
revised 1951).
Whenever any person fails to provide or maintain the safety
devices required by the Engineer, such devices shall be installed
and maintained by the Borough. The amount of the cost incurred shall
be paid by the permittee or deducted from his deposit.
No person shall willfully move, remove, injure, destroy or extinguish
any barrier, warning light, sign or notice erected, placed or posted
in accordance with the provisions of these regulations.
j.
Access to private driveways shall be provided except during working
hours when construction operations prohibit provisions of such access.
Free access must be provided at all times to fire hydrants.
k.
Excavated materials shall be laid compactly along the side of the
trench and kept trimmed up so as to cause as little inconvenience
as possible to public travel. In order to expedite the flow of traffic
or to abate a dirt or dust nuisance, the Engineer may require the
permittee to provide toe boards, or bins; and if the excavated area
is muddy and causes inconvenience to pedestrians, temporary wooden
plank walks shall be installed by the permittee as directed by the
Engineer. If the street is not wide enough to hold the excavated material
without using part of the adjacent sidewalk, the permittee shall keep
a passageway of at least one-half (1/2) the sidewalk width open along
such sidewalk line.
l.
Work authorized by a permit shall be performed between the hours
of 8:00 a.m. and 4:30 p.m., Monday through Friday, unless the permittee
obtains written consent from the Engineer to do the work at an earlier
or later hour. Permission shall be granted only in case of an emergency.
m.
In granting any permit, the Engineer may attach other conditions
which may be reasonably necessary to prevent damage to public or private
property or to prevent the operation from being conducted in a manner
hazardous to life or property or in a manner likely to create a nuisance.
These conditions may include but shall not be limited to:
1.
Limitations on the period of the year in which the work may be performed;
2.
Restrictions as to the size and type of equipment;
3.
Designation of routes upon which materials may be transported;
4.
The place and manner of disposal of excavated materials;
5.
Requirements as to the laying of dust, the cleaning of streets, the
prevention of noise, and other results offensive or injurious to the
neighborhood, the general public, or any portion thereof;
6.
Regulations as to the use of streets in the course of the work.
[1973 Code § 13-4.2]
a.
All pavement cuts, openings, and excavations shall be properly made, backfilled and temporarily surfaced by the permittee according to regulations and restrictions as set forth in § 19-5.
b.
The engineer must be notified by the permittee during the twenty-four
(24) hour period preceding beginning of backfilling of the date and
approximate time at which backfilling shall begin.
c.
No backfilling shall be accomplished unless or until the Engineer or a designated Borough inspector is present. Backfilling methods shall conform to restrictions as set forth in Subsection 19-5.2i.
d.
The work of the restoration, including both paving surface and paving base may be performed by the permittee according to § 19-5.
e.
After excavation is commenced, the work of making and backfilling
the same shall be prosecuted with due diligence.
f.
The Engineer shall make daily inspection of all work authorized by
a permit. The Engineer is empowered to provide a full-time inspector
if the work to be performed is of a nature that a full-time inspector
is necessary to ensure compliance with the provisions of these regulations.
The cost of the inspector shall be borne by the permittee.
g.
If any settlement in a restored area occurs within a period of two
(2) years from date of completion of the permanent restoration, any
expense incurred by the Borough in correcting the settlement shall
be paid by the permittee or recovered from his bond, unless the permittee
submits proof satisfactory to the Engineer that the settlement was
not due to defective backfilling.
h.
In no case shall any opening made by a permittee be considered in
the charge or care of the Borough or any of its officers or employees,
and no officer or employee is authorized in any way to take or assume
any jurisdiction over any opening, except in the exercise of the police
power, when it is necessary to protect life and property.
[1973 Code § 13-5]
No street, avenue, or road in the Borough shall hereafter be
accepted as a public street or road unless and until the same shall
have been improved in accordance with the minimum requirements contained
in this section consisting of the excavation and grading of the street
for its entire width, the laying of water mains with appurtenances
and connections to the curbline to serve all lots, the construction
of storm drains, catch basins, and appurtenances, the construction
of curbs on both sides of any street, the paving of the roadway from
curb to curb, the construction of sidewalks, the construction and
installation of sanitary sewers, placing of monuments, erecting street
signs, planting of shade trees, and Borough inspection.
[1973 Code § 13-5.2]
Each street shall be graded to its full width but not less than
fifty (50) feet according to the following specifications:
a.
Excavation. Excavation shall not be carried below grade, and backfill
used to bring foundations of slabs, footing, pipe lines or pavements
to proper grade shall be of concrete or other approved materials placed
in such manner as approved by the Engineer.
b.
Fill Material Placing. Fill shall be spread in six (6) inch layers
using bulldozers, pans or road graders, and compacted by the rolling
or vibrating method of compaction by one (1) of the following alternate
types of equipment:
1.
Smooth-faced power rollers, either solid surface or pad-type, weighing
not less than ten (10) tons and having a load of not less than three
hundred thirty (330) pounds per inch of width of roller surface.
2.
Pneumatic tire wabble-wheel rollers having a load of not less than
two hundred twenty-five (225) pounds per inch of width of tire surface.
3.
Tamping type or sheepsfoot roller having projecting studs of not
less than six and one-half (6 1/2) inches and developing a load
of not less than two hundred (200) pounds per square inch of bearing
surface.
Each layer shall be thoroughly compacted to the satisfaction
of the Engineer before proceeding with the next layer.
c.
Rock Excavation. Blasting operation shall be conducted in strict
accordance with all existing ordinances. In all cases of blasting,
the prepared blast shall be covered with blasting mats, logs with
proper chains or cables or both as may be necessary. No blasting shall
be done within five (5) feet of any gas or water main. Very light
charges of explosives shall be used in the vicinity of sewers or other
subsurface structures. All exposed structures shall be carefully protected
from the effects of the blast.
d.
Excavation Lines for Rock Excavations; Trenches. Depth shall be from
the original surface of the rock to a point six (6) inches below the
outside bottom of the barrel of the pipe, excluding bells. Depth will
also be measured from the original surface of the rock to the outside
bottom of all drains, conduits, or to the neat line of the bottom
of all excavation for all broken stone, concrete or other foundation
material ordered placed; width shall be vertical planes separated
by a distance equal to the inside diameter of the pipe plus two (2)
feet; widths for underdrains shall be two (2) feet, six (6) inches.
e.
Roadway Excavation. Rock and boulders shall be excavated to a depth
of not less than one (1) foot below roadway subgrade between outside
edges of shoulders or curbs, and the space left thereby shall be refilled
to subgrade level with material and in a manner satisfactory to the
Engineer. Rock slopes shall be finished to a fairly uniform surface,
and pieces of rock which have been loosened or may become loose, in
the opinion of the Engineer, within the right-of-way lines, shall
be removed. Earthslopes, shoulders and other formed surfaces shall
have a neat finish. Roadway excavation shall be carried out so that
the subgrade is kept well drained at all times.
f.
Channel Excavation. The excavation shall be neatly finished as directed
or approved by the Engineer. Suitable excavated materials shall be
used for embankments. Flow of water from adjacent land into the channel
or ditch shall not be obstructed.
g.
Trench Excavation. Trenches for pipe shall not, unless specifically
authorized by the Engineer, be opened for a distance of more than
one hundred (100) feet in advance of the laying of the pipe and shall
be opened in accordance with the lines and grades given for the work
by the Engineer.
Trench widths greater than the outside diameter of the barrel
of the pipe plus sixteen (16) inches shall not be permitted for the
lower one-third (1/3) depth of the trench, unless, in the opinion
of the Engineer, details and conditions of construction otherwise
require.
Trenches shall be properly shored, braced and sheathed as conditions
may warrant and as directed by the Engineer.
When the material of the bottom of an excavation is, in the
opinion of the Engineer, soft or otherwise unsuitable, the material
shall be removed to a width and depth as the Engineer may direct.
Rock and boulders present in excavations for all pipes shall be removed
within six (6) inches of the sides and bottom of the pipe. The space
excavated below the grade of the structures shall be refilled with
material of approved quality, thoroughly consolidated to provide a
firm foundation for the structure, firm and unyielding, at the true
grade, and shaped to conform to the shape of the subsurface structure,
provided, that for vitrified clay and concrete pipe the foundation
shall be firm but not rigid and shall provide a uniformly compacted
bedding, six (6) inches thick, around the lower half of the pipe.
If, in the opinion of the Engineer, a sub-base is required, then the sub-base will conform to the requirements as set forth in Subsection 19-5.2h.
If, in the opinion of the Engineer, an underdrain is required, then the underdrain shall conform to the requirements of Subsection 19-5.4e.
Pavement cuts in street areas, paved drives or other paced areas
will be made with a pavement cutter; maximum width of opening shall
be four (4) feet.
All trenching within the pavement lines shall be precut prior
to the excavation of the trench. After the trench has been thoroughly
backfilled, all uneven pavement edges shall be trimmed to form neat
and straight edges and shall extend six (6) inches on each side beyond
the edges of the trench excavation to provide bearing for patch.
The material used to backfill all trenches within the lines
of pavement shall be gravel, sand and gravel, one and one-half (1 1/2)
inch road stone, dust bound one and one-half (1 1/2) inch cracked
stone or other suitable material approved by the Engineer. The backfill
material shall be placed and compacted in six (6) inch layers.
Excavation along or across County and State highways shall be
in accordance with the regulations of those respective agencies.
h.
Sub-Base. Unsuitable material for subgrade shall be excavated with
the prescribed lines and the excavation shall be refilled with crushed
stone, screen gravel or other materials.
Sub-base shall not be constructed during freezing weather or
with frozen material. Sub-base of more than eight (8) inch compacted
thickness shall be placed and compacted in two (2) or more courses
of equal thickness and compacted as specified in Subsection 19-5.1b
or by approved vibratory compactors or flat-faced mechanical tampers.
i.
Backfill. Backfill shall follow immediately after sub-surface structure
is in place and approved by the Engineer. Backfill of pipes shall
be of selected materials, free of stones and shall be hand placed
and thoroughly compacted in such manner as will completely fill the
space below and around the pipe, taking care not to displace the pipe
or injure the joints. The backfill shall be hand placed to a point
two (2) feet above the top of the pipe.
All backfill more than two (2) feet above the top of pipes shall
be backfilled as follows:
1.
In undeveloped areas not subject to vehicular traffic the remaining
backfill may be made with the use of approved mechanical backfillers,
taking care not to place stones larger than six (6) inches in diameter
into the excavation. Sufficient suitable backfill material shall be
placed to avoid formation of depressions in the surface.
2.
In developed area, streets and thoroughfares, the remaining backfill
may be made with approved mechanical backfillers in layers twelve
(12) inches thick and thoroughly compacted with approved mechanical
or vibratory compactors, or the excavation may be backfilled with
sand and gravel and compacted as above provided for.
Backfill on State and County roads shall be excavated in full
accordance with the specifications of those agencies.
[1973 Code § 13-5.3]
Prior to the improving of the roadway, water mains with appurtenances
and connections shall be laid in accordance with the provisions of
all existing ordinances relating to the construction and laying of
water mains in the Borough.
[1973 Code § 13-5.4]
There shall be constructed in each street storm sewers, catch
basins and appurtenances in accordance with the following specifications:
a.
Materials.
1.
Nonreinforced concrete sewer pipe will not be permitted.
2.
Reinforced concrete sewer pipe shall conform with the requirements
of current A.S.T.M. Specifications Designation C-76 for Class III
pipe of 4,500 pounds per square inch concrete.
3.
Reinforced concrete pipe may be bell and spigot, or tongue and groove,
as directed by the Engineer.
4.
Corrugated metal pipe shall conform to the requirements of current
Specifications Designation M-36-38 of the AASHO.
5.
Concrete blocks for manholes and catch basins shall be solid precast
segmented concrete masonry units conforming to the requirements of
current A.S.T.M. Specifications Designation C139 for 5,000 pound concrete.
6.
Steps shall conform to the current A.S.T.M. Specifications Designation
A153 for zinc coating (hot dip) on iron and steel hardware. Approved
aluminum steps may be used.
7.
Manhole frames and covers shall conform to the requirements of current
A.S.T.M. Specifications Designation A48-46 Class 20 for gray iron
castings, and shall be Campbell Foundry, pattern No. 1203 or equal.
8.
Catch basins shall be of the curb inlet type. The grate shall be
of "Streamline" design, Pattern No. 2548, as manufactured by the Campbell
Foundry Company of Harrison, or equal.
9.
Mortar used in the construction of manholes and catch basins shall
be of one (1) part cement and two (2) parts sand, with an approved
waterproofing admixture. It shall be mixed with the least amount of
water that will produce the desired consistency. Mortar must be mixed
in an approved mixer or a suitable box or on an approved platform.
No mortar shall be used that has been mixed more than one-half (1/2)
hour or that shows evidence of having taken its original set. Tempering
of mortar shall not be permitted.
b.
Construction of Storm Sewers. Excavation for storm drains shall conform
with the requirements of Subsection 19-3.2g.
Pipe shall be laid to the lines and grades as given by the Engineer
and in such manner as to prevent sudden offsets of the flow line.
Each pipe shall be carefully inspected before being lowered
into the trench; pipe found damaged, defective or not meeting the
requirements of the specifications shall be rejected.
Pipe shall not be dropped from the bank, but shall be lowered
into the trench by means of ropes or mechanical equipment. The trench
shall be kept clear of water, and if necessary, shored to prevent
slides or cave-ins.
All pipe shall be laid with bell end upgrade and so adjusted
that the spigot end enters to the full depth of the socket. All adjustments
to the line and grade of the pipes shall be made by scraping away
or filling in the earth under the body of the pipes.
The trench bottom shall be carefully graded to provide the maximum
bearing area throughout the entire length of the pipe. Care shall
be taken not to excavate below grade. Material excavated below grade
shall be replaced with broken stone or other material meeting the
approval of the Engineer.
Backfill shall be in accordance with Subsection 19-5.2i.
Existing drains, when directed by the Engineer, shall be taken
up without causing damage to the pipes, shall be cleaned, and shall
be relaid, extended, or renewed in accordance with these specifications.
c.
Storm Drain Manholes. Manholes shall be constructed of precast concrete
block, reinforced concrete or precast reinforced concrete pipe.
Concrete for manhole foundations shall be Class B-4000 pound
concrete.
Concrete blocks shall be clean and laid with flush joints in
a full bed of mortar. Blocks shall be laid in courses with broken
joints. All joints shall be pointed and left with a clean hard finish.
Inverts in manholes shall be formed by using half pipe, or by
extending full pipe through limits of manhole chipping off the upper
one-third (1/3) portion of the pipe after the concrete base has set.
Angle and "t" intersection inverts shall be formed by using appropriate
channels.
Manholes shall be plastered on the exterior with three-quarter
(3/4) inch coat of Portland cement plaster to which a sufficient amount
of liquid waterproofing compound has been added. The mortar coat shall
be thoroughly cured and hardened before backfill is placed.
All manholes shall be neatly struck and shall give a workmanlike
appearance.
Manholes of precast reinforced concrete pipe shall conform to
the requirements of current A.S.T.M. Specifications Designation C478
and as approved by the Engineer.
No chimneys will be permitted in manholes. Where manholes are
to be raised, batter courses must be broken back and rebuilt to proper
grade.
Shallow manholes shall be constructed of reinforced concrete
or as approved by the Engineer.
d.
Catch Basins. Catch basins shall be constructed at the required locations, to the prescribed lines, grades, and dimensions as directed by the Engineer. Foundations shall be constructed of Class "C" concrete. Precast concrete catch basin blocks shall conform to Subsection 19-5.4a.
e.
Underdrains. Underdrains shall be of the type and size specified
and shall be constructed to the prescribed lines and grades at the
locations ordered by the Engineer.
1.
Materials.
Pipe shall be of the type and size specified and shall conform
to the current A.S.T.M. specifications for same.
Salt hay shall be of good quality, satisfactory to the Engineer.
Stone and gravel shall be of the size specified, washed and
clean.
2.
Construction.
Excavation, laying of pipe and backfill shall conform to the requirements of Subsection 19-5.1.
Underdrain type "F" shall be of the type and size prescribed,
laid with open joints in a trench and backfilled with stone or gravel
to within six (6) inches of the finished grade. The stone shall be
covered with a layer of salt hay, prior to placing final cover to
grade.
Underdrain type "S" shall be stone or gravel of the size prescribed, placed in a trench of the size and depth prescribed. Backfill shall be as provided in Subsection 19-5.2i.
Underdrain for subsurface structures shall be pipe of the type
and size specified laid with open joints on a foundation of six (6)
inches of stone. The pipe shall then be covered completely with six
(6) inches of stone, taking care not to disturb the pipe during placing
of stone. Underdrains shall be laid so that the top of the barrel
of the pipe is at least six (6) inches below the outside barrel of
the main sewer or substructure.
f.
Combination Storm Drain. Unless otherwise specified by the Engineer,
combination storm drain shall be reinforced concrete pipe and shall
be laid with open joints and stone fill.
The pipe shall be encircled with a minimum of six (6) inches
of three-fourth (3/4) inch stone and carried up to subgrade. Trench
depth to be fixed by the Engineer.
Under certain conditions it may be found necessary to seal the upper half of the joint. When this condition arises, the lower half of the joint shall be left open, and the upper half of the joint sealed with cement mortar on the outside, in accordance with Subsection 19-5.4a.
Storm drain under curb shall be reinforced concrete pipe installed
directly beneath the curb, with a minimum cushion of six (6) inches
and maximum of ten (10) inches, between the bottom of the concrete
base of the curb and the top of the pipe.
[1973 Code § 13-5.5]
Curbs shall be constructed of either concrete or granite block
in accordance with the following specifications:
a.
Granite block curbs shall be of uniform quality, structure, and texture,
and free from seams; the blocks shall be dressed so that all faces
are approximately rectangular. Edges shall be straight and even. The
dimensions of the blocks shall be as follows:
|
Not less than
|
Not more than
| |
|---|---|---|
|
Length
|
10 inches
|
16 inches
|
|
Width
|
5 inches
|
7 inches
|
|
Depth
|
4 inches
|
6 inches
|
|
Blocks shall be clean and sound, with all edges parallel with
and right angles to each other.
|
|
Mortar shall conform to Subsection 19-5.4a.
|
b.
Excavation shall conform to the requirements of Subsection 19-5.2.
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Granite block curbs shall be constructed by setting the blocks
in Class C 3,000 pound concrete. Concrete shall be placed in forms
set to proper line and grade. The blocks shall be set with the greatest
dimensions vertical, and the least dimensions perpendicular to the
line of the curb.
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When the blocks are in final position the concrete shall be
not less than six (6) inches in depth under the blocks for a width
of not less than twelve (12) inches, and shall extend to within four
(4) inches of the top of the blocks at which point the concrete shall
be at least four (4) inches in width. The blocks shall be set with
open joints one-half (1/2) to three-quarter (3/4) inch. Expansion
joints shall be provided at intervals of fifty (50) feet.
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The blocks shall be set with a batter of at least one (1) inch
away from the face of the curbline.
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After all forms and supports have been removed from the blocks
and before backfill is made, the vertical joints between the blocks
shall be filled with 1.2 cement mortar. All joints are to be raked
and pointed to a half round nose in such a manner as to give a clean,
sharp, finished appearance. The blocks are to be cleaned of all excess
mortar so that the natural grain and color of the stone are restored.
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Drainage openings, as directed by the Engineer, shall be provided
through the curb.
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Concrete shall not be placed while the temperature is at or
below thirty-five (35) degrees Fahrenheit and no concrete shall be
placed upon a sub-base that is frozen or otherwise unsatisfactory
to the Engineer.
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At driveway entrances, the top of the curb shall be lowered
to a point of one and one-half (1 1/2) inches above the grade
of the gutter.
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c.
Concrete curbs shall be constructed monolithically of four thousand
(4,000) pound concrete. Except where otherwise specifically provided,
concrete curbs shall be seven (7) inches at the top, nine (9) inches
at the bottom, and twenty (20) inches in depth, with sloping side
as curb face.
Forms for concrete curbs shall be metal, unless otherwise approved
by the Engineer. The concrete shall be tamped and spaded or vibrated
so that forms are completely filled, the concrete thoroughly compacted
and mortar flushed to the face and top. Before initial set, the top
and, as soon as the forms can be removed, the face shall be finished
with a wood float to an even, smooth and dense surface.
Curbs shall be constructed in ten (10)-foot sections with a
clear space of one-quarter (1/4) inch between adjacent sections. A
pre-moulded joint filled shall be formed at intervals of fifty (50)
feet.
[1973 Code § 13-5.6]
The roadway shall be paved for a minimum width of thirty (30)
feet and shall conform to the following specifications:
a.
Materials.
1.
Stone shall be trap rock of the sizes specified conforming to the
requirements of the New Jersey State Highway Department.
2.
Bituminous binder, hot application shall be asphalt cement penetration
grade 85-100 or 100-120 to tar grade RT-11 or RT-12 conforming to
the current requirements of the New Jersey State Highway Department
specifications.
3.
Hot mixed bituminous concrete shall be FABC conforming to the specifications
of the New Jersey State Highway Department for one (1) or two (2)
course construction, as may be directed.
b.
Construction.
1.
Excavation shall be "roadway excavation" as provided for in Subsection 19-5.2e. The full width of the right-of-way shall be graded, banks shall be sloped away from the right-of-way line in such manner as to produce a slope not in excess of two to one (2:1).
2.
Subgrade construction shall be done after all underlying drains and
other subsurface structures have been placed and their trenches properly
backfilled and consolidated. The subgrade shall not be prepared during
freezing weather, or when it is unsuitable because of excessive moisture.
The subgrade shall be formed to the required lines, grades and cross-sections.
The subgrade shall be shaped and consolidated by rolling with a three-wheel
power roller, weighing not less than three hundred (300) pounds per
lineal inch of tread of the rear wheels, until it presents a firm
and unyielding surface. Unstable places shall be excavated and refilled
with suitable material and consolidated.
The finished subgrade shall be at the proper grade and contour,
smooth and properly drained, and shall be so maintained until the
pavement or pavement foundation is placed thereon.
Pavement mixtures shall not be deposited upon the subgrade until
it is in a properly finished condition, and not wet or frozen.
3.
Macadam base course shall be constructed of two and one-half (2 1/2)
inch size stone spread over the prepared subgrade so that when consolidated
as hereinafter specified there shall be uniform depth of not less
than five (5) inches.
Compaction by rolling method shall be with three-wheel power
rollers of not less than ten (10) ton weight.
Compaction by vibrating method shall be with vibratory compactors
capable of operating at the optimum frequency of vibration required
for the size of the compactor and the material being used to obtain
a ninety-five (95%) percent compaction rate. Vibratory compaction
shall be such that stones are keyed sufficiently to permit rolling
with power roller.
As the rolling progresses, any irregularities in the surface
of the base course shall be corrected by the addition or removal of
aggregate where necessary and reshaping and rerolling.
After completion of shaping and rolling as above specified,
screenings of stone sand shall then be spread over the surface by
means of stone spreaders, sufficient in total quantity to completely
fill the voids in the stone course. The screenings may be vibrated
into the voids of the stone base or swept into voids with street brooms.
More binder shall be spread, swept and rolled as many times as may
be necessary, care being taken to form no crust. No rolling shall
be done when this binder is wet. Binder shall not be dumped or stored
on the stone base.
The finished base course shall be at the prescribed grade and
contour of proper thickness and shall be free from excess binder,
ruts and loose stones, and show no evidence of instability.
4.
Hot mixed bituminous concrete surface course shall consist of the
construction of type FA-BC-1 laid in one (1) course upon a prepared
base course. Bituminous concrete plant and equipment, bituminous concrete
pavers and bituminous concrete mixtures shall all conform to the current
requirements of the New Jersey State Highway Department Specifications.
Bituminous concrete mixtures shall not be placed when the atmospheric
temperature is below forty (40) degrees Fahrenheit; the surface of
the base course of existing pavement shall be dry and free from frost.
Macadam base course shall be treated with a prime coat of MC-0
or 1, RT-1 or 2, or MS-1 applied at the rate of 0.10 to 0.25 gallons
per square yard, not less than twelve (12) hours prior to the placing
of the bituminous concrete and shall not be applied when base course
is wet or frozen. Contact surfaces of curbing, manholes, catch basins
and other structures shall be painted with a thin uniform coating
of asphaltic oil grade RC-2 or 3, prior to placing of bituminous concrete
mixture against them.
Binder course of plant mix bituminous concrete FABC-1 shall
then be applied at the rate of two hundred five (205) pounds per square
yard to a compacted thickness of two (2) inches.
Wearing surface of plant mix bituminous concrete FABC-1 shall
then be applied at the rate of one hundred sixty-five (165) pounds
per square yard to a compacted thickness of one and one-half (1 1/2)
inches.
Methods of transportation, spreading, finishing and compaction
of bituminous concrete mixtures shall conform to the current requirements
of the New Jersey State Highway Department specifications.
[1973 Code § 13-5.7]
Sidewalks on both sides of the paved portion of the street or
roadway shall be constructed to the following specifications.
a.
Materials. Concrete materials shall conform to the requirements of
the New Jersey Department of Transportation Specifications for Class
"B" air entrained concrete.
b.
Construction. Clean metal or wood forms shall be used and shall be
properly set to the line and grade as shown on plans or as directed
by the Engineer. Unless otherwise specified, the walk shall be constructed
in twelve (12) foot sections with a one-half (1/2) inch thick premolded
mastic strip for the full width and depth of the walk between adjacent
sections, and a false joint with surface grooves at right angles to
the line of the sidewalk every four (4) feet. Concrete walk shall
be four (4) inches thick except through driveways, where the walk
shall then be six (6) inches thick. Premolded mastic strips shall
also be provided where the walk abuts curb or other existing structures.
After being placed the concrete shall be tamped, screened and
finished to a true grade and even surface. The finish shall be worked
with a wood float, followed by brushing with a wet soft hair brush
to a neat and workmanlike surface. Exposed edges shall be neatly rounded
off to a radius of one and one-half (1 1/2) inches. Concrete
shall have a slump of three (3) to four and one-half (4 1/2)
inches. Concrete walks shall be cured by means of an application of
colorless curing compound, salt, hay, or waterproof paper and conforming
with the requirements of the current New Jersey Department of Transportation
specifications. No concrete shall be placed while the temperature
is at or below forty (40) degrees Fahrenheit and no concrete shall
be placed on wet, frozen or yielding subbase.
[1973 Code § 13-5.8]
Prior to the improvement of the roadway, sanitary sewers with
appurtenances and connections shall be laid in accordance with the
following specifications:
a.
Materials. Sanitary sewers shall be constructed of:
1.
Clay pipe, conforming to and meeting the requirements of the current
standard specifications for full diameter extra strength clay pipe
A.S.T.M. designation C200. The sewer pipe shall be of deep and wide
socket, best quality salted glazed pipe of hub and spigot type and
shall be furnished in lengths of not less than four (4) feet. The
pipe shall be free from cracks or blister and shall give a clear ring
when struck with a hammer. All pipe shall be of accurate and uniform
dimensions, shall be straight, true to form and thickness, shall be
truly circular in section and the ends shall be square to its axis.
Each pipe shall be clearly marked with the name of the manufacturer
and the symbol "ES".
2.
Cast iron pipe for nonpressure gravity flows shall be bell and spigot
with rubber gasket "Tyton Joint" as manufactured by the R.D. Wood
Company, or equal.
Pipe for pressure flows shall be "mechanical joint" pipe.
3.
Manhole steps shall conform to the current A.S.T.M. Specifications
Designation A153 for zinc coating 'hot dip' on iron and steel hardware,
approved aluminum steps will be permitted.
4.
Manhole frames and covers shall conform to the requirements of current
A.S.T.M. Specifications Designation A48-46 Class 20 for gray iron
castings, and shall be Campbell Foundry, Pattern No. 1203 or equal,
with "Roseland Sewer" embossed on covers.
b.
Construction of Sanitary Sewer Pipe Lines. Excavation for sanitary sewers will be in accordance with Subsection 19-5.2g.
Trenches shall be de-watered and kept dry during pipe laying.
Construction of sanitary sewer pipe lines shall conform with Subsection 19-5.4b unless otherwise specified. Prior to laying of pipe, contractor shall furnish and set necessary cross planks and batter boards and line. Proper precautions shall be taken to keep pipes clean and contractor must install proper sewer plugs to seal off lines under construction. Drainage of water from trenches into pipes is not permitted. All pipe shall be laid to a true alignment and grade with bell ends upgrade. Final inspection between manholes shall show a clear uniform circle of pipe cross section throughout. Failure to comply with this requirement shall subject sewer line to rejection. Pipe shall not rest on shims, blocks or any other support that will raise the barrel of the pipe above the trench bottom.
All joints of asbestos, cement and tile sanitary sewers, in
addition to proper joint material, shall be reinforced with a clay
collar, formed of clean impervious approved clay covering the entire
joint for a thickness of three (3) inches.
Pipe used for branch connections shall be extra strength cast
iron pipe.
c.
Backfilling. Backfilling shall not start prior to approval of the
pipe and necessary measurements of the sewer taken by the Engineer
or inspector.
Upon approval, the backfill may proceed as provided for in Subsection 19-5.2i, except that all sanitary sewers shall be backfilled with stone dust to a height of six (6) inches over the top of the pipe and six (6) inches on each side of the pipe.
Minimum cover of the sewer shall be four (4) feet over the top of the pipe, except as approved by the Borough Engineer. Reconstruction of pavement shall be in accordance with Subsection 19-5.6.
d.
Pipe Foundation. On all locations where, in the opinion of the Engineer,
the nature of the subsurface soil is such that a foundation is required
for the sewer pipe, then the foundation shall be of crushed stone
or gravel, as approved by the Engineer.
e.
Pipe Encasement. Pipe lines shall be encased in four thousand (4,000)
pound concrete at all locations where, in the opinion of the Engineer,
the depth and width of the trench in which the pipe line is constructed
will create a load upon the pipe in excess of the safe load which
can be imposed without damage.
f.
Manholes. Manholes shall be constructed of reinforced concrete or precast reinforced concrete pipe in accordance with the requirements of the current A.S.T.M. Specifications Designation C478 and as approved by the Engineer. Refer to Subsection 19-5.4c for manhole construction specifications.
g.
Infiltration. Sanitary sewers which are part of the Roseland sewer
system shall be subject to tests for infiltration and exfiltration
in accordance with standard practices used in testing sanitary sewers.
The limiting rate of infiltration for sanitary sewers which are part
of the Roseland sewer system shall not exceed one hundred fifty (150)
gallons per one (1) inch of diameter of sewer pipe per mile per twenty-four
(24) hours.
[1973 Code § 13-6.1]
The deposit shall be five hundred ($500.00) dollars. The deposit
shall be paid at the time the permit is received, and the deposit
shall be used to reimburse the Borough for the cost of any work and
materials furnished by it in connection with the work authorized by
the permit, and for any other purpose set forth in these regulations.
[1973 Code § 13-6.2]
The deposit may be either in the form of a certified, treasurer's
or cashier's check or in lawful money of the United States.
[1973 Code § 13-6.3]
If any deposit is less than sufficient to pay all costs, the
permittee shall, upon demand, pay to the Borough an amount equal to
the deficiency. If the permittee fails or refuses to pay such deficiency,
the Borough may institute an action to recover the same in any court
of competent jurisdiction. Until the deficiency is paid in full no
additional permits shall be issued to the permittee.
[1973 Code § 13-6.4]
Whenever any public utility or authority shall anticipate more
than one (1) street opening or excavation per calendar year, the utility
or authority may post one (1) deposit, in an amount and form as provided
above, for the calendar year, or part thereof, to cover the cost of
any and all work.
[1973 Code § 13-6.5]
Upon notification by the permittee that all work authorized
by the permit has been completed and after restoration of the opening,
the Borough shall refund to the permittee his deposit, less all costs
incurred by the Borough in connection with the permits. In no event
shall the permit fee be refunded.
[1973 Code § 13-7.1]
Each applicant, upon the receipt of a permit, shall provide
the Borough with an acceptable corporate surety bond conditioned for
compliance with the street opening specifications of the Borough and
the provisions of these regulations. The Engineer shall determine
the amount of the bond and it shall be in relation to the cost of
restoring the pavement cut to be made by the permittee; provided,
the amount of the bond shall be five hundred ($500.00) dollars or
ten (10%) percent of total cost (whichever is greater) of the restoration.
The term of each bond shall begin from the completion date of the
permanent restoration of the opening by the permittee and shall terminate
after two (2) years from that date. If the permittee anticipates requesting
more than one (1) permit a year, he may file a continuing corporate
surety bond, conditioned for compliance with the specifications of
the Borough and the provisions of these regulations, in such amount
as the Engineer deems necessary. The amount of the bond shall be in
relation to the cost of restoring pavement cuts to be made by the
permittee throughout the year.
[1973 Code § 13-7.2]
Whenever the Borough shall find that a default has occurred
in the performance of any term or condition of the permit, written
notice thereof shall be given to the principal and to the surety on
the bond. Notice shall state the work to be done, the estimated cost
thereof and the period of time deemed by the Borough to be reasonably
necessary for the completion of the work.
[1973 Code § 13-7.3; New]
After receipt of notice, the surety must, within the time therein
specified, either cause the required work to be performed or, failing
therein, indemnify the Borough for the cost of doing the work as set
forth in the notice.
The requirements of this section concerning deposits, bonds,
and insurance shall not be applicable to any public utility as defined
in N.J.S.A. 48:2-13 or an authority created pursuant to any act of
the State legislature. In lieu thereof, any public utility or authority
may file with the Borough its own bond in the penal sum of ten thousand
($10,000.00) dollars, running in favor of the Borough of Roseland
and conditioned upon compliance with the applicable provisions of
this section in respect to each street opening made by it in the Borough.
The obligation of the bond shall be a continuing obligation to the
full amount thereof with respect to each street opening.
[1973 Code § 13-8.1]
Each applicant, before the receipt of a permit, shall provide
the Borough with an acceptable certificate of insurance indicating
that he is insured against claims for damages for personal injury
as well as against claims for property damage which may arise from
or out of the performance of the work, whether the performance is
by the applicant, his subcontractor or anyone directly or indirectly
employed by him and naming the Borough as one of the insured. The
insurance shall cover collapse, explosive hazards and underground
work by equipment on the street, and shall include protection against
liability arising from completed operations. The amount of the insurance
shall be prescribed by the Borough in accordance with the nature of
the risk involved, provided, that the liability insurance for bodily
injury in effect shall not be in an amount less than one million ($1,000,000.00)
dollars for each person and for each accident and for property damages
in an amount not less than one million ($1,000,000.00) dollars with
an aggregate of two million ($2,000,000.00) dollars for all accidents.
Public utilities and authorities may be relieved of the obligation
of submitting such a certificate if they are insured in accordance
with the requirements of these regulations.
[1973 Code § 13-8.2]
In lieu of filing a certificate of insurance, a public utility
or authority may file with the Borough a copy of a self-insurer certificate
issued by the Security-Responsibility Bureau of the Department of
Law and Public Safety, Division of Motor Vehicles of the State of
New Jersey, pursuant to N.J.S.A. 39:6-52.
[1973 Code § 13-9.1]
When the Borough shall improve or pave any street, the Superintendent
of Public Works or Borough Engineer shall first give notice to all
persons owning property abutting on the street about to be paved or
improved, and to all public utilities and authorities operating in
the Borough, and all persons, utilities and authorities shall make
all connections, as well as any repairs thereto, which would necessitate
excavation of the street within sixty (60) days from the giving of
notice. The time shall be extended if permission is requested in writing
and approved by the Borough.
[1973 Code § 13-9.2]
No permit shall be issued by the Superintendent of Public Works
which would allow an excavation or opening in a paved and improved
street surface less than three (3) years old unless the applicant
can clearly demonstrate that public health or safety require that
the proposed work be permitted or unless an emergency condition exists.
[1973 Code § 13-10]
Monuments shall be installed prior to the acceptance of the
street in accordance with the standards prescribed in "The Map Filing
Law P.L. 1960, Chapter 141" and any amendments or supplements thereto,
N.J.S.A. 46:23-9.9 through N.J.S.A. 46:23-9.16.
[1973 Code § 13-11]
Permanent street signs of enameled metal of rustproof construction
shall be erected at all street intersections. Street names shall be
in white letters on a dark blue background and shall conform in design
to signs now in use in the Borough. They shall be supported on galvanized
iron pipe posts three (3) inches in diameter. The posts shall be twelve
(12) feet long and shall set four (4) feet in the ground and eight
(8) feet above the ground. The posts shall be painted rust resistant
silver and metal frames that hold the sign shall be painted black.
Sufficient concrete shall be used around the base of each post so
that rigidity is assured.
[1973 Code § 13-13]
All construction work shall be subject to the inspection of
the Borough Engineer and to such inspectors as the Borough Council
may appoint for the purpose. If the improvements are made by a developer,
the developer shall be required to pay the Borough such amounts as
the Borough may be required to expend for inspection fees at prevailing
rates per diem. Any and all materials found to be unsatisfactory or
showing faults when tested in a reputable engineering laboratory to
be designated by the Borough Council shall be removed and not used
in such construction. All construction work shall be performed during
normal daily working hours and no holiday, Saturday or Sunday construction
shall be permitted unless authorized by the Borough Engineer.
[1973 Code § 13-14.1]
Any person owning any house or other building or vacant lot,
fronting on any street in the Borough shall, at his expense, well
and sufficiently maintain in good repair, the sidewalk thereof in
accordance with this section.
[1973 Code § 13-14.2]
Upon the failure of any owner to maintain the sidewalk, the
Superintendent of Public Works or his duly authorized representative
shall serve, according to law, a notice upon the owner describing
the property affected, and the improvement for repairs required and
stating the intention of the Borough to cause improvement or repairs
to be made within forty-five (45) days after the service of the notice
in the event that the owner shall fail to do so.
[1973 Code § 13-14.3]
If, after service of any notice as provided for in the preceding
sections, the owner of any lands affected thereby shall neglect to
make the improvements directed by the notice, the Superintendent of
Public Works shall cause the improvements to be made and shall certify
the cost of the same to the Borough Treasurer who shall impose, collect
and enforce such sidewalk assessment as provided for by law.
[1973 Code § 13-14.4; Ord. No.
13-2004]
No person shall construct, remove, repair, replace, reset or
alter the sidewalk, curb or gutter or cause the construction, removal,
repair, replacement, resetting or altering of the sidewalk, curb or
gutter of any public street in the Borough, nor store thereon construction
materials, debris or other materials without the written permit of
the Superintendent of Public Works or his authorized representative.
The person applying for a permit shall pay a fee for each permit.
Initially, the fee for such permits shall be five ($5.00) dollars,
which may be adjusted annually by resolution. All permits obtained
pursuant to this section shall be valid for one (1) calendar year
from the date of issuance.
[1973 Code § 13-14.5]
All sidewalk construction and repair shall be in accordance with requirements as set forth in § 19-5.
Alterations, restorations and repair of the sidewalk shall be
made of and with the same material as the existing sidewalk.
New sidewalks shall be constructed of and with the same materials
as exist on either side of the premises wherein the sidewalk is to
be constructed with the approval of the Superintendent of Public Works.
[1973 Code § 13-14.6]
The Borough of Roseland shall assert its power of eminent domain
to acquire a sidewalk easement over a portion of the property described
as 197 Eagle Rock Avenue, Block 30 of Lot 33 in the Borough of Roseland,
New Jersey being more particularly described as being located at the
intersection of Eagle Rock Avenue and Livingston Avenue, triangular
in shape with a frontage depth on the north side of 21.26 feet, a
depth on the east side of 17.27 feet and a depth of 20.78 feet across
the rear containing approximately two hundred twenty-one (221) square
feet.
[1973 Code § 13-15.1]
Before acceptance of any street, a formal request shall be made
of the Mayor and Council and filed with the Borough Clerk. The request
to accept the street shall include a map giving all the details in
connection therewith and must be accompanied by a certificate from
the Borough Engineer that a street has been constructed in accordance
with the specifications provided for in this chapter. Accompanying
the request to accept shall also be a surety bond of at least two
(2) years duration, guaranteeing for a period of two (2) years after
acceptance the street against any defective workmanship of the street
and all improvements therein and in an amount not less than ten (10%)
percent of the cost of the improvements as determined by the Borough
Engineer.
[1973 Code § 13-15.2]
No street shall be deemed or construed as having been dedicated
to and accepted by the Borough, nor shall any street be lighted, improved
or maintained at the public expense unless and until an ordinance
or resolution shall have been adopted by the Borough Council formally
accepting the dedication thereof.
[1973 Code § 13-15.3]
All new streets, wherever laid out, shall conform with all requirements as to design, street width, roadway width, sidewalk space and standards prescribed in § 19-5.
[1973 Code § 13-15.4]
Engineer's drawings of a typical street intersection, typical
section for road construction, granite block curb detail, storm drain
inlet detail, storm drain manhole detail, and combination storm drain
are on file in the office of the Borough Engineer and incorporated
by reference herein.
[1973 Code §§ 13-17.1 through 13-17.6; amended 3-27-2018 by Ord. No. 2-2018; 12-11-2018 by Ord. No. 16-2018; 6-16-2020 by Ord. No. 12-2020]
The following definitions shall apply to this § 19-16:
The stone or concrete edging to a street or path.
The Homeowners' Association of Holmehill.
The collection and removal of ice from the street.
Pothole repair and catch basin repair within a street.
Removal of existing asphalt surfacing prior to adding a new
layer of asphalt, and may include excavation, replacement, or supplementation
of road subgrade materials.
An area, usually divided into individual spaces, intended
for parking motor vehicles and that generally has head-on parking
available.
A pump station privately owned by a Qualified Private Condominium
Association or Homeowners' Association.
Residential communities organized under New Jersey's
Condominium Act, N.J.S.A. 46:8B-1 et seq., located within the Borough
of Roseland, including the developments known as Stone Gate at Roseland,
Eagle Rock, Roseland Glen, Roseland Green, and Paradise Place.
Changing the position of the physical elements of the Street
or changing the geometric design of the Street.
Shall have the same meaning as "Street."
The mechanical application of road salts, such as chloride
salts of sodium, calcium, magnesium, or potassium and/or brine solutions,
or other common chemicals used to control snow and ice in order to
make winter driving safer and more efficient.
Includes individual house connections.
An architectural plan, landscape architecture document, and
a detailed engineering drawing of proposed improvements to a given
lot. A site plan usually shows the building footprint, streets, parking
areas, drainage facilities, sanitary sewer lines, water lines, trails,
lighting, and landscaping and garden elements. An approved Site Plan
is one that has been submitted and approved by either the Planning
Board of the Borough of Roseland or the Zoning Board of Adjustment
for the Borough of Roseland.
Plowing of snow from the Street.
The collection and removal of snow from the Street.
A private street, avenue, road, alley, lane, highway, or
boulevard within a Qualified Private Condominium Association or Homeowners'
Association, but shall not include any private crosswalk, culvert,
driveway, parking lot, retention basin, or sidewalk as shown on the
Approved Site Plan submitted for the Qualified Private Condominium
Association or Homeowners' Association.
Traffic signs or road signs that are erected at the side
of or above roads to give instructions or provide information to street
users.
Shall not include individual house connections.
a.
The Borough of Roseland in its sole discretion shall provide maintenance
and milling and paving of the Streets of any Qualified Private Condominium
Association provided that as a condition precedent to the Borough
of Roseland having any obligation to perform any such act the specific
Qualified Private Condominium Association must comply with all the
terms and conditions of § 19:16.2e. The Borough of Roseland's
work related to milling and paving shall be in accordance with the
Site Plan approved for the Qualified Private Condominium Association.
The Borough of Roseland shall not have any obligation to install speed
bumps or any other improvements or other devices that have been subsequently
installed on any Street within a Qualified Private Condominium Association.
b.
The Borough of Roseland in its sole discretion shall also agree to
mill and pave the following Parking Lots within the Qualified Private
Condominium Associations: i) Mulford Court, ii) Leonard Terrace, and
iii) Artho Lane. The Borough of Roseland's work related to milling
and paving in these areas shall be in accordance with the approved
Site Plans. The Borough of Roseland shall not have any obligation
to install speed bumps or any other improvements or other devices
that have been subsequently installed within these areas of the Qualified
Private Condominium Associations.
c.
The Borough of Roseland in its sole discretion shall provide maintenance,
salting, snow plowing, and milling and paving of the Streets of the
Homeowners' Association provided that as a condition precedent
to the Borough of Roseland having any obligation to perform any such
act the Homeowners' Association must comply with all the terms
and conditions of § 19:16.2e. The Borough of Roseland's
work related to milling and paving shall be in accordance with the
Site Plan approved for the Homeowners' Association. The Borough
of Roseland shall not have any obligation to install speed bumps or
any other improvements or other devices that have been subsequently
installed on any Street within the Homeowners' Association.
d.
The Borough of Roseland shall not and shall have no obligation to
perform any ice removal, snow removal or realignment of any Street
of any Qualified Private Condominium Associations or Homeowners'
Association, and shall not and shall have no obligation to perform
any activity with respect to any private crosswalk, culvert, driveway,
Parking Lot, culvert, retention basin, or sidewalk as shown on the
approved Site Plan for any Qualified Private Condominium Association
and/or Homeowners' Association.
e.
At the time that any Street within a Qualified Private Condominium
Association or Homeowners' Association is milled and paved, the
Qualified Private Condominium Association or Homeowners' Association
shall be responsible for simultaneously milling and paving any adjoining
or similarly located Parking Lot.
f.
The Borough of Roseland shall not and shall have no obligation to
repair any curb within any Qualified Private Condominium Associations
or Homeowners' Association unless such curb was damaged while
the Borough of Roseland was milling and paving a Street within any
Qualified Private Condominium Association or Homeowners' Association.
Further, the Borough of Roseland shall not and shall have no obligation
to replace or repair any street sign within any Qualified Private
Condominium Association or Homeowners' Association even if removed
or damaged in the course of the work performed by the Borough of Roseland.
g.
The Borough of Roseland shall perform all work referenced in § 19-16.2a in the same manner and timeliness as public Streets.
h.
The Borough of Roseland shall have no obligation to widen any Street
or roadway of any Qualified Private Condominium Association or Homeowners'
Association.
i.
As a prerequisite to the Borough of Roseland having any obligation
to perform any work referenced within § 19-6.2a the specific
Qualified Private Condominium Association or Homeowners' Association
shall execute a contract with the Borough of Roseland in a form to
be approved by the Borough Attorney. Said contract shall at a minimum:
1.
Require the Qualified Private Condominium Association and Homeowners' Association to authorize and request the Borough of Roseland perform the work set forth in § 19-16.2a that shall be specifically designated and set forth therein;
2.
Require the specific Qualified Condominium Association and Homeowners'
Association to warrant and provide proof to the Borough of Roseland
that it obtained in accordance with its rules and regulations, bylaws,
Master Deed or other laws, rules or regulations, the consent and authority
of its membership to enter into the contract with and to permit the
Borough of Roseland to perform the work;
3.
Require the specific Qualified Private Condominium Association and
Homeowners' Association to indemnify and hold harmless the Borough
of Roseland from any and all claims related to the work set forth
in § 19:6-2a, including but not limited to any and all claims
arising out of the Borough of Roseland's negligence;
4.
Require the specific Qualified Private Condominium Association and
Homeowners' Association to obtain primary, commercial general
liability insurance listing the Borough of Roseland as a named insured
with coverage of at least $1,000,000 for each occurrence and $2,000,000
in the aggregate that shall provide for 30 days' written notice
to the Borough of Roseland of any cancellation thereof; and
5.
Require the Qualified Private Condominium Association and Homeowners'
Association to provide the Clerk of the Borough of Roseland with proof
of insurance coverage conforming to this subsection prior to the Borough
of Roseland having any obligation to begin any work.
The Borough of Roseland performing any act with respect to this § 19-16.2a and b shall not constitute the Borough of Roseland's acceptance of any Street or Road of any Qualified Private Condominium Association or Homeowners' Association. Every Street and Road of a Qualified Private Condominium Association and Homeowners' Association shall remain private.
a.
The Borough of Roseland shall accept and maintain any Pump Station,
Sanitary Sewer and Water Mains of any Qualified Private Condominium
Association and Homeowners' Association provided that as a condition
precedent thereto:
1.
The Qualified Private Condominium Association and Homeowners'
Association conveys to the Borough of Roseland through a Quitclaim
Deed the ownership of the pump station, sanitary sewer main collection
lines, and water mains, including the real property and any improvements
related thereto:
2.
The Qualified Private Condominium Association and Homeowners'
Association warrants and provides proof to the Borough of Roseland
that it obtained in accordance with its rules and regulations, bylaws,
Master Deed or other laws, rules or regulations, the consent and authority
of its membership to convey the Quitclaim Deed to permit the Borough
of Roseland to take over ownership of the Pump Station, Sanitary Sewer
Main Collection Lines, and Water Mains, and the real property upon
which it is located; and
3.
The Qualified Private Condominium Association and Homeowners'
Association conveys to the Borough of Roseland all appropriate easements
required by the Borough of Roseland in its sole discretion to provide
the Borough of Roseland with access to the Pump Station, Sanitary
Sewer Main Collection Lines, and Water Mains and records said easement(s).
b.
Exceptions. Sanitary Sewer Lines and Water Mains shall not include
house connections for water and sewer.
Except as otherwise provided for in Subsection 19-6.2a or b
the Borough of Roseland shall have no obligation to provide any maintenance
or repairs, realignment or widening, snow or ice removal, or to perform
any snowplowing or salting with respect to any private street or road,
parking lot or driveway or other private property.
[1973 Code § 13-18]
The Borough Council may, by resolution adopted by a majority
of the members present and voting at any meeting, name or change the
name of any Borough street, whether public or private.
[1]
Editor's Note: See also Chapter XI, Property Maintenance.
[1973 Code § 4-5.1]
The owner, occupant or person having charge of each and every
dwelling, house, store or other building or lot of ground, and in
the case where a building is occupied solely or partially as a dwelling
house by one (1) or more families, then also the occupant of the first
floor or story thereof in front of that part of the first floor, and
the occupant or occupants of the second floor, as to the balance of
the sidewalk, each shall, within the first twelve (12) hours after
each fall of snow or hail, or after the formation of any ice upon
any improved sidewalk, cause it to be removed entirely from the improved
sidewalk opposite the entire frontage of the dwelling, house, store,
building, lot or lands or opposite that part of the building as aforesaid.
[1973 Code § 4-5.2]
The owner, occupant or person having charge of each and every
dwelling, house, store or other building or lot or ground, and in
the case where a building is occupied solely or partially as a dwelling
house by one (1) or more families, then also the occupant or occupants
of the first floor or story thereof in front of that part of the first
floor, and the occupant of the second floor, as to the balance of
the sidewalk, each shall remove all grass, weeds or litter from the
entire width of any improved sidewalk and also keep all grass or other
vegetation growing in the space between the improved sidewalk and
the curb, or where no improved sidewalk exists, the area between the
curb and the property line, properly trimmed.
[1973 Code § 4-5.3]
No person shall throw, dump, spill or cast or permit or cause
to be thrown, dumped, spilled or cast snow or ice upon or in any part
of the street previously cleared of snow or ice by the snow removal
equipment of the Borough or of its duly authorized agents.
[1973 Code § 4-5.4]
In each and every case where the party charged with the duty
to remove snow, hail, ice, grass, weeds, or litter, as hereinbefore
set forth, shall fail to comply with the requirements of this section,
the Borough may, in addition to the imposition of the penalty which
may be imposed for the violation of this section, and upon reasonable
notice to the person so charged, cause the snow, hail, ice, grass,
weeds or litter to be forthwith removed or trimmed by or under the
direction of the Construction Official, who shall certify the cost
thereof to the Borough Council, which shall examine the certificate
and, if found to be correct, shall cause the cost as shown thereon
to be charged against lands abutting or bordering the sidewalk. The
amount so charged shall forthwith become a lien upon the land and
shall be added to and become a part of the taxes next to be assessed
and levied upon the lands, the same to bear interest at the same rate
as taxes, and shall be collected and enforced in the same manner as
taxes.
[Ord. No. 2-2000 § 1; Ord. No. 9-2000 § 1]
When the Borough Engineer determines that any brush, hedge,
tree, plant life, landscaping or any other obstruction interferes
with the site distances set forth in the Borough of Roseland Land
Development Chapter, he may require the owner, occupant or person
having charge of each and every dwelling, house, store or other building
or lot or ground, and in the case where buildings are occupied solely
or partially as a dwelling house by one (1) or more families, then
also the occupant of the first floor to remove all obstructions and
cut all brush, hedges, plant life or any other obstruction, to a height
of not more than thirty (30) inches above the level of the pavement
at the center point of the street opposite the point in question within
fifty (50) feet of the intersection formed by the projections of the
two (2) street sidelines at the corner. If the responsible person
fails to do so after ten (10) days written notice, the responsible
person shall be subject to a fine not to exceed the sum of twenty-five
($25.00) dollars for the first violation, fifty ($50.00) dollars for
the second violation and one hundred ($100.00) dollars for each subsequent
violation thereof. This subsection shall be enforced by the Zoning
Officer.
[Ord. No. 3-2010 § I]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Roseland so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
[Ord. No. 3-2010 § II]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Roseland or other public body, and is
designed and used for collecting and conveying stormwater.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 3-2010 § III]
No person in control of private property (except a residential
lot with one (1) single-family house) shall authorize the repaving,
repairing (excluding the repair of individual potholes), resurfacing
(including top coating or chip sealing with asphalt emulsion or a
thin base of hot bitumen), reconstructing or altering any surface
that is in direct contact with an existing storm drain inlet on that
property unless the storm drain inlet either:
[Ord. No. 3-2010 § IV]
Storm drain inlets identified in Subsection 19-19.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 19-19.4c below.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain water body under that
grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter. 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines April 1996; or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven (7.0) square inches, or is no greater
than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two (2) or more clear spaces) shall have an area of no
more than seven (7.0) square inches, or be no greater than two (2.0)
inches across the smallest dimension.
c.
This standard does not apply:
1.
Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one (1) inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. No. 3-2010 § V]
This section shall be enforced by the Roseland Police Department
and/or other municipal officials as so designated by the Mayor and
Council of the Borough of Roseland.
[Ord. No. 3-2010 § VI]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed two thousand
($2,000.00) dollars for each storm drain inlet that is not retrofitted
to meet the design standard.
[Ord. No. 16-2000]
a.
The Borough of Roseland shall assume the maintenance and repairs
of the roadways in the condominium development known as The Eagle
Rock, which are known as follows:
Kent Drive; Mulford Court; Harkey Court; Clements Court; Conklin
Court; DePaolo Court and Meeker Court.
b.
The roads shall not be dedicated to the Borough of Roseland but shall
remain private. Roseland shall not provide snow removal but shall
continue its obligations pursuant to the Condominium Services Act,
N.J.S.A. 40:67-23.5.
[Ord. No. 19-2000; Ord. No. 35-2000]
a.
The Borough of Roseland shall assume the maintenance and repairs
of the roadways in the condominium development known as Roseland Glen,
which are known as follows:
Leonard Terrace, Ebersbach Lane, Bartlett Court and Varick Way.
b.
The roads shall not be dedicated to the Borough of Roseland but shall
remain private. Roseland shall not provide snow removal but shall
continue its obligations pursuant to the Condominium Services Act,
N.J.S.A. 40:67-23.5.
[Ord. No. 36-2000]
a.
The Borough of Roseland shall assume the maintenance and repairs
of the roadway in the condominium development known as Paradise Place.
b.
The road shall not be dedicated to the Borough of Roseland but shall
remain private. Roseland shall not provide snow removal but shall
continue its obligations pursuant to the Condominium Services Act,
N.J.S.A. 40:67-23.5.
[Added 9-17-2019 by Ord.
No. 23-2019]
No portable or in-place private basketball hoop system may be
temporarily or permanently placed within or so as to obstruct the
public right-of-way. Such private systems may not be placed on public
streets or sidewalks, at the edge of curblines so as to encroach or
overhang public streets nor where vehicles may be parked on public
streets and public parking lots.
A notice to remove shall be provided to such persons owning
or responsible for such basketball hoop systems that are impermissibly
located within the public right-of-way. There shall be a presumption
that the person(s) who have violated this provision are those who
control the private property on which the system is situated, or if
the system is in a public right-of-way, those who control the private
property closest to the system. The notice shall be attached to and/or
placed at the front door of the private property, together with a
copy of this section. Persons owning or responsible for such systems
shall remove the equipment from the impermissible location within
five days of the date of the notice, which date may be adjusted in
the event an issue arises regarding identification of the owner. Such
systems remaining in an impermissible location after the passing of
the notice period shall be subject to forcible relocation and/or impoundment.
The Police Department and the Department of Public Works shall
enforce the provisions of this section.
