Borough of Milltown, NJ
Middlesex County
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Table of Contents
Table of Contents
[1984 Code § 155-5; Ord. No. 895 § 1]
As used in this section:
STREET
Shall mean any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Borough as a public street, as well as any State or County road or highway over the Borough has acquired jurisdiction by agreement.
SUPERVISOR
Shall mean the Supervisor of the Department of Public Works of the Borough.
[1985 Code § 155-6; Ord. No. 895 § 1]
a. 
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the Supervisor.
b. 
A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for permit is made simultaneously with the commencement of the work or as soon thereafter as is practical. The permit, when issued, shall be retroactive to the date on which the work was begun.
[1984 Code § 155-7; Ord. No. 895 § 1]
The Supervisor may issue permits to other public bodies without fee.
[1984 Code § 155-8; Ord. No. 895 § 1]
The Supervisor is also authorized to refuse the issuance of any such permit, if such refusal is in the interest of public safety, public convenience or public health. In the event that any permit shall be refused by the Supervisor, an appeal may be taken to the Mayor and Borough Council. The Mayor and Council, after hearing the applicant and the Supervisor and other evidence as may be produced, may either direct the issuance of such permit or sustain the refusal of the Supervisor.
[1984 Code § 155-9]
Applications for permits shall be made to the Department of Public Works and shall contain the following information:
a. 
Name and address of the applicant.
b. 
Name of the street where the opening is to be made and the street number, if any, of the abutting property.
c. 
The Borough tax map block and lot number of the property for the benefit of which the opening is to be made.
d. 
Nature of the surface in which the opening is to be made.
e. 
Character and purpose of the work proposed.
f. 
Time when the work is to be commenced and completed.
g. 
Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimensions of all openings.
h. 
The name and address of the workman or contractor who is to perform the work.
i. 
A statement that the applicant agrees to replace, at his own cost and expense, the street, curb, gutter and sidewalk in the same state and condition in all things as they were at the time of the commencement of the work within 48 hours of the commencement of same.
[1984 Code § 155-10; Ord. No. 895 § 1]
Permits shall be issued under the authority of the Supervisor and in accordance with the provisions of this section and the regulations which the Supervisor may establish. The Supervisor shall determine the initial time limit during which the permit shall be valid.
[1984 Code § 155-11]
Each permit shall state the identity and address of the applicant, the name of the street and the location where the excavation or tunnel is to be made, the dimensions of the opening and the period during which the permit shall be valid. The original of each permit shall remain on file with the Department of Public Works.
[1984 Code § 155-12; Ord. No. 939 § 1; Ord. No. 1015]
Fees must be paid when the application is made. The applicant shall be charged the following fees:
a. 
Sidewalk Permit $25
b. 
Curb Cut (Plus $5 permit) $15/ft.
c. 
Street Opening $25
d. 
Bond $500
[1984 Code § 155-13; Ord. No. 895 § 1]
a. 
No permit shall be issued until the applicant shall have filed a bond in an amount determined to be sufficient by the Supervisor. The bond shall be executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety and shall be conditioned as follows:
1. 
To indemnify and hold harmless the Borough from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit.
2. 
To indemnify the Borough for any expense incurred in enforcing any of the provisions of this section.
3. 
To indemnify any person who shall sustain personal injuries or damage to his property as a result of any act or omission of the applicant, his agents, employees or subcontractors done in the course of any work under the permit.
4. 
The bond shall also be conditioned upon the applicant's restoring the surface and foundation of the street for which the permit is granted in a manner acceptable to the Department of Public Works.
b. 
One bond may be accepted to cover a number of excavations by the same applicant. Bonds shall remain in force for a period to be determined by the Department of Public Works.
[1984 Code § 155-14; Ord. No. 895 § 2]
a. 
No permit shall be issued until the applicant has furnished the Department of Public Works with satisfactory proof that he is insured against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors done in the course of the work to be performed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the policy of insurance shall be as follows:
$2,000,000
General Aggregate
$1,000,000
Products/Completed Operations
$1,000,000
Personal and Advertising Injury
$1,000,000
Each Occurrence
$50,000
Fire Legal Liability
$5,000
Medical Expense
The contractor must provide evidence to the Department of Public Works that their insurance includes "Contractor Aggregate Limit per Job Site Endorsement."
b. 
The Supervisor may waive the requirements of this subsection in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required.
[1984 Code § 155-15; Ord. No. 895 §§ 3, 4; Ord. No. 2015-1417]
All permits issued under this section shall be subject to the following rules and regulations:
a. 
All excavations shall be kept properly barricaded at all times and during the hours of darkness shall be provided with proper warning lights. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property.
b. 
All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the Chief of Police. The Police Department shall be informed of all street closings at least 24 hours in advance.
c. 
The Supervisor may, upon application by the permittee, extend the time limit during which the permit shall be valid.
d. 
All refuse and material must be removed within 48 hours.
e. 
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 Department of Public Works. Where the Department of Public Works determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with New Jersey Department of Transportation Dense Graded Aggregate, New Jersey Department of Transportation Soil Aggregate Type 1-3 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 Department. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Department determines that any backfilled excavation has settled or caved in, it shall so notify the permittee, who shall promptly continue backfilling until the Department determines that settlement is complete.
f. 
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one part cement to 10 parts sand.
g. 
If blasting is required to be done in the course of any excavation, it shall be done in strict compliance with all applicable State laws and regulations.
h. 
If the work is not completed within the time specified in the permit or any extension granted by the Department of Public Works, or is not performed in accordance with the regulations set forth in this section and any other regulations that may be established by the Department of Public Works, then the Department 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 deducted from his deposit or recovered by an action in any court of competent jurisdiction.
i. 
Any requests for Borough utility markouts must be made at least two working days prior to excavation. Emergency markout requests will be accepted when situations warrant same as per the discretion of the Supervisor.
[1984 Code § 155-16; Ord. No. 895 § 5]
In all cases the permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements:
a. 
No permittee shall commence the restoration of any street foundation or surface until the Department of Public Works has determined that settlement of the subsurface is complete and the area properly prepared for restoration.
b. 
The street surface shall be restored so as to extend six inches beyond the excavation on all sides.
c. 
The street surface shall be restored to the satisfaction of the Supervisor.
d. 
Streets shall be restored "in kind" utilizing bituminous concrete and/or reinforced portland cement concrete pavements as determined by the Supervisor of Public Works.
1. 
General. All underground utilities, drains or other facilities located within the roadway portion of the street shall be installed prior to the placing of any road surfacing material.
The subbase for road construction shall be brought to a firm unyielding surface by rolling the entire area with an approved three-wheel power roller weighing not less than 10 tons. All soft and yielding material and other portions of the subgrade which do not attain the required stability, or will not compact readily when rolled or tamped shall be removed. All loose rock or boulders found in the earth excavation shall be removed or broken off to a depth of not less than six inches below the surface of the subgrade. All holes or depressions made by the removal of material shall be filled and the whole surface compacted uniformly. When subbase material is needed to replace unsuitable subgrade material, it shall consist of sand, gravel, stone or such other material as may be required by the Supervisor of Public Works.
Where, in the opinion of the Supervisor of Public Works, subbase conditions of proposed streets are wet or springy, or of such other nature that surfacing would be inadequate without first treating the subbase, the minimum treatment of the subbase shall be as follows: the street shall be excavated to a minimum depth of 20 inches below the proposed finished grade and sand, gravel or stone shall be placed in the excavation in accordance with good construction practice and shall be thoroughly compacted.
2. 
Bituminous Concrete Roads. After the subbase has been thoroughly compacted to 95% of its modified proctor density and approved by the Supervisor of Public Works, a minimum of six inches of hot bituminous stabilized base course Mix I-2 shall be installed in two three-inch lifts for all bituminous concrete roads in accordance with the requirements of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, latest revision. The Supervisor may permit the installation of one six-inch lift where conditions warrant.
The thickness of base course shall be increased as deemed necessary by the Supervisor, depending on anticipated soils conditions and traffic conditions. The base course for the entire road or large section thereof shall be installed as soon as possible to provide for the adequate maintenance and protection of traffic.
The surface pavement course shall be hot type FABC Mix 1-5 bituminous concrete and shall be manufactured and installed in accordance with the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, latest revision. The required minimum thickness shall be 1 1/2 inches for all minor streets with bituminous concrete base pavement. For collector roads or other streets constructed of bituminous base pavement, the minimum thickness shall be two inches.
3. 
Portland and Cement Concrete Roads. After the subbase has been compacted to 95% of its modified proctor density and approved by the Supervisor, and where existing pavement is constructed of portland cement concrete pavement, 10 inches of reinforced portland cement concrete surface course pavement shall be constructed and finished in accordance with the Borough of Milltown's Standard Details for Reinforced Portland Cement Concrete Pavement Replacement and the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, latest revision.
The newly constructed concrete pavement shall be protected from traffic while curing by the use of temporary steel plates adequately secured to the pavement or by other means as approved by the Supervisor and the Police Department. High/early strength concrete admixtures may also be permitted in the portland cement concrete where necessitated due to traffic concerns and only if and where approved by the Supervisor.
4. 
Portland Cement Concrete Roads with Bituminous Concrete Surface Course. After the subbase has been thoroughly compacted to 95% of its modified proctor density and approved by the Supervisor of Public Works, and where existing pavement is constructed of bituminous concrete over portland cement concrete, 10 inches of reinforced portland cement concrete base course pavement with two inches of FABC, NJDOT Mix I-5 surface course, as applicable, shall be constructed in accordance with the Borough's Standard Details for Reinforced Portland Cement. Concrete Pavement Replacement and the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, latest revision.
The newly constructed concrete pavement shall be protected from traffic while curing by the use of temporary steel plates adequately secured to the pavement or by other means as approved by the Supervisor and the Police Department. High/early strength concrete admixtures may also be permitted in the portland cement concrete where necessitated due to traffic concerns and only if and where approved by the Supervisor.
The surface pavement course shall be hot type FABC Mix I-5 bituminous concrete and shall be manufactured and installed in accordance with the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, latest revision. The required minimum thickness shall be two inches for streets constructed of portland cement concrete base pavement.
[1984 Code § 155-17]
Every permit shall apply only to the person to whom it is issued and shall not be transferable.
[1984 Code § 155-18; Ord. No. 895 § 1]
Work under a permit shall commence within 45 days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate, unless extended in writing by the Supervisor.
[1984 Code § 155-19; Ord. No. 895 § 1]
A copy of the permit, together with a copy of the plan endorsed with the approval of the Supervisor, must be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the Department of Public Works or to any Police Officer.
[1984 Code § 155-20; Ord. No. 895 § 1]
a. 
The Supervisor may revoke a permit for any of the following reasons:
1. 
Violation of any provisions 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.
b. 
The procedure for revoking a permit shall be the same as that set forth in Chapter 4, General Licensing and Business Regulations, for the revocation of licenses, except that the initial hearing shall be before the Supervisor with a right of appeal to the Borough Council. The Supervisor may provide in this decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.
[1984 Code § 155-21]
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 section shall not apply or shall be altered.
[1984 Code § 155-22; Ord. No. 895 § 1]
The Supervisor may make any rules and regulations which he considers necessary for the administration and enforcement of this section, but no regulation shall be inconsistent with, alter or amend any provision of this section, or impose any requirement which is in addition to those expressly or by implication imposed by this section. No regulations shall be effective unless they shall be approved by resolution of the Borough Council. Copies of all current regulations shall be furnished to each permittee at the time of issuance of the permit.
[1984 Code § 155-23; Ord. No. 13-1381 § 8]
It shall be unlawful for any person to construct or remove or cause to be constructed or removed any sidewalk, driveway, apron, curb or gutter or any part thereof, or to make any curb cuts within any public right-of-way in the Borough without first having obtained a permit to do so from the Superintendent or Supervisor of Public Works.
[1984 Code § 155-24; Ord. No. 13-1381 § 8]
Application for a permit under this section shall be made to the Superintendent or Supervisor of Public Works by the owner of the premises or his agent upon forms provided by the Borough and shall contain the following information:
a. 
The name and address of the applicant.
b. 
The name and address of the person who is to perform the proposed work and the name and address of the owner of the property on which the work is to be performed, if other than the applicant.
c. 
The location, by street number or otherwise, of the premises where the work is to be done.
d. 
The estimated cost of the proposed work.
e. 
A line and grade plan showing the proposed work, including its exact location with respect to a street intersection or some other fixed and prominent object, as well as its width and relationship to the grade of the street and the adjacent property and in the case of a driveway apron, its slope or pitch.
f. 
Any other information that the Superintendent or Supervisor of Public Works deems necessary in order to determine whether the work will comply with this section.
[1984 Code § 155-25; Ord. No. 13-1381 § 8]
a. 
A fee as designated by resolution of the Borough Council shall be charged for each permit, and, in addition thereto, the applicant shall pay the cost of all tests which the Superintendent or Supervisor of Public Works deems necessary.
b. 
In the case of curb cuts, the applicant shall pay a fee designated by resolution of the Borough Council for the length of the cut in lieu of all test fees.
c. 
All fees shall be paid at the time the application is filed, and the cost of all proposed tests shall be paid prior to the issuance of any permit.
[1]
Editor's Note: Current fees are on file at the office of the Borough Clerk.
[1984 Code § 155-26]
a. 
All materials and work shall be in accordance with Borough specifications on file in the office of the Department of Public Works.
b. 
Any sidewalk, driveway apron, curb or gutter which is removed shall be promptly replaced in accordance with Borough specifications.
[1984 Code § 155-27]
No concrete sidewalk shall be replaced or covered with blacktop.
[1984 Code § 155-28]
Whenever a curb cut or driveway depression is required, the entire section or sections of curb or curb and gutter shall be removed and replaced. The breaking and recapping or curbing is specifically prohibited.
[1984 Code § 155-29]
The applicant shall notify the Department of Public Works at least 24 hours prior to the time of pouring or laying any sidewalk, driveway apron, curb or gutter so that the Department may arrange for adequate inspection and testing.
[1984 Code § 155-30]
This section shall not apply to the initial installation of sidewalks, driveway aprons, curbs or gutters in a major subdivision where the work is covered by performance guaranties required by the Planning Board; or the repair or replacement of less than eight linear feet of an existing sidewalk.
[Ord. No. 05-1192 § 1]
a. 
The maintenance, repair and reconstruction of sidewalks and curbs shall be the responsibility of the abutting landowners and shall be repaired and maintained at the expense of the abutting landowners.
b. 
However the Mayor and Council of the Borough of Milltown may relieve the landowners of the responsibility for the repair and/or reconstruction of sidewalks and curbs by adoption of an appropriate Resolution setting forth the reason for relieving the owner of the responsibility, such as the receipt of grant money from the County, State or Federal government.
[Ord. No. 05-1192 § 1]
a. 
Whenever an owner of such property shall fail to maintain and repair the abutting sidewalks and curbs or shall permit them to deteriorate into such condition that the safety of the public is impaired, written notice shall be given to the owner directing the owner to perform such maintenance or repairs within 30 days after the giving of the notice.
b. 
Contents of Notice; Service. The notice shall contain a description of the property sufficient to identify it, but need not contain a legal description. Notice may be sent by certified mail, return receipt requested. The notice shall be mailed by the Borough Administrator or his or her designee.
[Ord. No. 05-1192 § 1]
If the owner of such lands to which such notice shall have been given as aforesaid shall refuse or neglect to perform such repairs or maintenance within the thirty-day period, then the work may be performed by the Borough. The cost of the work, charged against the property affected, as provided for in N.J.S.A. 40:48-2.14 et seq. The amount so charged shall forthwith become a lien upon such lands and shall be added to the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. No. 05-1192 ;Ord. No. 08-1283]
The provisions of this section shall be enforced by the Construction Official or Code Enforcement Official.
[Ord. No. 05-1192 ;Ord. No. 08-1283]
Any person or corporation violating any provision of this section shall, upon conviction thereof, shall be liable for the penalty stated in Chapter 1, Section 1-5.
[1984 Code § 155-1]
a. 
The owner, occupant or tenant of premises abutting or bordering upon any street in the Borough shall remove all snow and ice from the abutting sidewalks of such streets or, in the event of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand or other suitable material, within 24 hours after the same shall fall or be formed thereon.
b. 
The owner, occupant or tenant of premises used by the public or business invitees shall remove all snow and ice from the sidewalks, streets and parking areas used by the public in the transaction of business thereat and, in the event of ice which may be so frozen as to make removal impracticable, shall cause same to be thoroughly covered with sand or other suitable material within 24 hours after same shall fall or be formed thereon.
[1984 Code § 155-2]
No owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit any snow or ice into or upon any street, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice which accumulates within the private property belonging to that person upon the sidewalks or streets of the Borough.
[Ord. No. 889 § I]
a. 
During the period of time commending one hour after snow has been continuously falling and ending 12 hours after snow ceases to fall, no person shall park, stop, stand or leave abandoned a vehicle on any Borough street or highway.
b. 
Any resident of the Borough may park his vehicle in a Borough-owned and operated parking lot during a snowfall. Such parking lots shall be so designated by the Director of Public Works or his designee.
c. 
Any vehicle remaining on a Borough street in violation of this section shall be towed from the street at the vehicle owner's expense.
[1]
Editor's Note: See also Chapter 7, subsection 7-7.3, Temporary Parking Prohibition for Snow Plowing and Removal.
[1984 Code § 155-4]
No person shall congregate on the sidewalks, streets and highways of the Borough for the purpose of ballplaying of any kind.
[1984 Code § 155-31]
All lots of land, including the buildings erected thereon, on any public street, avenue or highway within the corporate limits of the Borough shall be numbered with such numbers as may be specified by the Borough Engineer.
[1984 Code § 155-32]
It shall be the duty of every property owner to display in such manner so that they may be plainly visible to the public on the front portion of each and every building owned by him, located on any public street, avenue or highway within the Borough, the numbers assigned to such premises by the terms of this section, and it shall be the duty of such property owner to continue at all times to display such numbers.
[Ord. No. 889 § III]
a. 
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
b. 
This chapter shall be enforced by the Police Department and may be enforced by the Director of Public Works and/or his designee.