[Amended 11-8-2019 by Ord. No. 31-2019]
As used in this section:
The Planning Board or Zoning Board of Adjustment, whichever
Board has jurisdiction.
Resurfacing of the street or sidewalk that was applied within
five years of the date of any application for permission to make any
opening on the street or sidewalk.
Removing, digging in, excavating or taking up any surface,
pavement or soil of any street, highway, lane, alley, court, sidewalk
or public place in the Borough recognized as a street, highway, lane,
alley, court, sidewalk or driveway apron.
Any land located within the right-of-way of any street, highway,
lane, alley, court, sidewalk or public place in the Borough recognized
as a street, highway, lane, alley, court, sidewalk or driveway apron.
[Amended 11-24-2020 by Ord. No. 36-2020]
a.
It shall
be unlawful for any person to make any street opening in the Borough
for any reason unless such person shall obtain a permit from the Municipal
Clerk as hereinafter provided. A separate permit shall be obtained
for each opening.
b.
No permit
shall be issued to any person to make any opening on a newly paved
street or sidewalk unless the governing body of the Borough of Bloomingdale
first determines there is a public need for the proposed street or
sidewalk opening. In the event the governing body of the Borough of
Bloomingdale determines that such a public need exists, the general
permitting requirements and guidelines set forth in this section shall
thereafter be applied to any application for making any street or
sidewalk opening.
[Amended 11-24-2020 by Ord. No. 36-2020]
Application for permission to make any opening shall be made
to the Municipal Clerk and signed by the person making such application
or by a duly authorized agent, furnishing necessary names, addresses
and telephone numbers, and shall contain the following information:
a.
A detailed
plan describing location and nature of the work to be performed.
b.
The name
of the person for whom the work is to be performed.
c.
The quantity,
in square yards of measurement, of surface to be opened.
d.
The cubical
content of surface and underground materials to be excavated.
e.
The type
of road surface, curbing and sidewalk to be opened.
f.
The date
of commencement and estimated date of completion.
Each applicant, prior to 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 performance of work, whether such performance be by himself,
his subcontractor or anyone directly or indirectly employed by him.
Such 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 not be in an amount less than $100,000 for each person, $300,000
for each occurrence and, for property damages, an amount not less
than $50,000 with an aggregate of $100,000 for all occurrences, unless
a higher amount shall be fixed by the Borough Engineer. Public utilities
and authorities may be relieved of the obligation of submitting an
individual certificate if they are insured in accordance with the
requirements of this section.
[Amended 11-24-2020 by Ord. No. 36-2020; 2-2-2021 by Ord. No. 4-2021]
a.
The application
for an excavation permit to perform excavation work under this section
shall be accompanied by the following:
1.
An application fee of $50 for the permit.
2.
Deposits/Cash Bonds.
(a)
A fee shall be made to the Borough and forwarded to the Borough
Treasurer as follows:
(1)
Six dollars per square yard of surface for a roadway or street
which has a bituminous-treated-surface road;
(2)
Eight dollars per square yard of surface for a roadway or street
which has a bituminous-penetrated macadam or bituminous-concrete surface,
type S.M.; or
(3)
Six dollars per square yard of surface for a roadway or street
which has a dirt or gravel road surface.
(b)
In no case under this subsection shall the fee be less than
$200, which amount is hereby fixed as the minimum deposit to accompany
the application.
b.
Utility companies regulated by the Board of Public Utilities of the
State of New Jersey shall be exempted from the provisions of this
subsection, except that they shall pay a fee of $70 for the permit
and an inspection fee in the amount of $130 and shall file a bond
with the Municipal Clerk annually in the amount of $10,000 as a deposit.
c.
(Reserved)
d.
Applications for permits requiring municipal design services shall
be accompanied by an escrow fee according to the following schedule:
[Amended 11-24-2020 by Ord. No. 36-2020]
The Department of Public Works and/or the Borough Engineer shall
have full supervision over any opening to be made in any street under
any permit granted hereunder, and the work on any such opening shall
be commenced within 10 days of the date of the issuance of the permit,
or the permit shall become void. Any deposit held by the Borough thereunder
shall be returned to the applicant upon surrender of the permit. The
application fee for the permit and the inspection fee shall remain
the property of the Borough.
The Borough may at any time revoke or annul any permit for cause
or for making any opening not in accordance with the permission granted
or for failure or neglect to pursue the work diligently or by reason
of any condition created by the applicant endangering persons or property
or unduly interfering with public traffic, and every person receiving
a permit shall accept the same subject to the foregoing provisions
without any liability or responsibility attaching to the Borough for
any loss or damage that might result by reason of such revocation.
The excavation and all piles of excavated material or any material
used in the work to be performed in the opening for which a permit
is issued shall, at the discretion of the Police Department, be carefully
guarded and lighted by the person to whom such permit has been issued,
at his or her expense, and such person shall be liable for all loss
and damage caused by the failure to properly guard or maintain the
opening. Any opening left overnight shall be subsequently protected
in accordance with the Manual on Uniform Traffic Control Devices or
as directed by the Police Department.
Nothing contained in this section shall be construed as requiring
the issuance of a permit for any opening made by the Borough or under
a contract with the Borough.
Whenever the Borough shall improve or pave any street, the Municipal
Clerk shall 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 such persons, utilities
and authorities shall make all connections, as well as any repairs,
which would necessitate excavation of the street within 30 days from
the giving of such notice. The time shall be extended if permission
is requested in writing and approved by the Borough Engineer.
The following information shall be set forth by the permit:
a.
The name of the applicant.
b.
The number of square yards of street surface to be opened and the
location thereof.
c.
The surface type of street to be opened.
d.
The type of surface to be restored.
e.
The date upon which the permit is to expire.
f.
The date the permit is issued.
g.
The time within which the work is to be completed.
[Amended 11-24-2020 by Ord. No. 36-2020]
Upon application being made in the manner hereinbefore set forth, the Municipal Clerk shall issue a permit to each applicant, which permit shall set forth the requirement stated in Subsection 20-11.16.
a.
Any applicant obtaining a permit pursuant to the provisions of this section shall, within the time prescribed in the permit, restore the road, curb or sidewalk area affected by construction to the following specifications, except as otherwise specified in Subsection f herein.
b.
Where pavements are affected by the permitted activity, the edges
of the affected area shall be cut on a straight, uniform line to the
full depth of top course of paving, using mechanical-cutter methods,
to produce a neat square edge and eliminate rough, jagged or cracked
edges. The pavement area encompassed by the cut edges shall be excavated
to a depth at least 10 inches. The area shall be backfilled with dense
graded aggregate base course to a depth which is six inches below
finished grade. The material shall be compacted to 95% standard proctor
density using approved methods.
c.
For bituminous type pavements, the repair shall consist of the installation
of four inches (compacted thickness) of bituminous stabilized base
course, Mix I-2 over the compacted base course. A two-inch (compacted
thickness) finished surface course shall be constructed over the compacted
base course using bituminous concrete surface course Mix I-5. The
surface shall be properly graded and rolled to produce a smooth, uniform
surface which is flush with the adjoining pavement and consistent
with the existing grades.
d.
For concrete pavements, the concrete mixture shall be Class B, having
a thickness of not less than eight inches, and for trench areas where
concrete pavement is to be restored, the trenches having a greater
width than four feet, the pavement being replaced must have reinforcing
rods of proper size, as directed by the Borough Engineer.
e.
All sidewalks, curbs and driveway aprons to be replaced must be constructed
to the following specifications:
1.
Concrete sidewalks and driveways.
(a)
Concrete shall be 4,000 p.s.i. at 28 day strength.
(b)
Sidewalks (outside driveways) shall be four-inch-thick concrete
constructed over four inches of clean crushed stone.
(c)
Driveways, driveway aprons and sidewalks within driveways shall
have concrete that is six inches thick and have reinforcing wire (6x6 8/8
wwf) constructed over four inches of cleaned crushed stone.
3.
Bituminous concrete driveways and sidewalks (asphalt).
f.
Any road that has been paved in the last five years shall be restored
with infrared pavement restoration for areas up to 50 square feet,
as approved by the Borough Engineer. Areas over 50 square feet shall
be restored by milling and paving from curb to curb. The final scope
and depth shall be determined by the Borough Engineer.
g.
All materials shall conform to New Jersey Department of Transportation
specifications.
The person to whom any permit is issued under this section shall
be fully responsible for providing proper signs, guards or lights
or other safety devices to protect persons or property against injury
and damage until the surface of the street is fully restored to its
former condition.
No person, utility, authority or other entity shall be issued
a permit which would allow an excavation or opening in a paved or
improved street surface less than five years old or between November
15 and March 15 in any street unless the applicant can demonstrate
to the Borough Engineer or his designee that an emergency affecting
the public health or safety exists.
Any person aggrieved by an action of the Borough personnel in
the enforcement of any provision of this section shall have a right
of appeal to the Borough Council. The appeal must be taken within
14 days after the action complained of has occurred. Appeals shall
be made to the Borough Council in writing, setting forth the reason
for the appeal. The Borough Council thereupon shall set a date for
a hearing to take place within 30 days after receipt of the request
for a hearing.
[1]
Editor's Note: Former § 20-12, Clear View at Intersections,
as amended, was repealed 11-24-2020 by Ord. No. 36-2020.
[Added 2-2-2021 by Ord.
No. 4-2021]
The owner or tenant of lands lying within the Borough shall
keep all brush, hedges and other plant life growing within 10 feet
of any roadway and within 25 feet of the intersection of two roadways
cut to height of not more than 2 1/2 feet where necessary for
the preservation of public safety.
[Added 2-2-2021 by Ord.
No. 4-2021]
In the event that the owner or tenant refuses or neglects to
cut the brush, hedges or other plant life growing within 10 feet of
any roadway and within 25 feet of the intersection of two roadways
to a height of not more than 2 1/2 feet, the brush, hedges or
other plant life shall be cut under the direction of the Property
Maintenance Officer.
[Added 2-2-2021 by Ord.
No. 4-2021]
In all cases where brush, hedges and other plant life are cut
from any lands as provided in this section by or under the direction
of the Property Maintenance Officer, the cost of the cutting shall
be charged to the property owner as provided in N.J.S.A. 40:48-2.27
and shall become a lien upon such lands, as provided in the statute.
[Added 2-2-2021 by Ord.
No. 4-2021]
The Code Enforcement Officer and the Property Maintenance Officer
are hereby designated as the officers by or under whose direction
this section shall be enforced.
[Added 2-2-2021 by Ord.
No. 4-2021]
[1]
Editor's Note: Former § 20-13, Poplar Trees, as
amended, was repealed 11-24-2020 by Ord. No. 36-2020.
[Added 2-2-2021 by Ord.
No. 4-2021]
No person shall plant a poplar, linden, willow, catalpa, silver
maple or swamp maple tree within the lines of any street or within
25 feet of the lines of any street or highway in the Borough or within
25 feet of any municipal utility easement.
[Added 2-2-2021 by Ord.
No. 4-2021]
All poplar, linden, willow, catalpa, silver maple or swamp maple
trees now located within the lines of any street or within 25 feet
of the lines of any street or highway of the Borough shall be cut
down and removed by its owner within 10 days after notice from the
Property Maintenance Official to remove the same.
[Added 2-2-2021 by Ord.
No. 4-2021]
Any tree, whenever located, interfering with water pipes, drainpipes
or sewer pipes or connections in any street or any street improvement,
shall be cut down and removed by its owner within 10 days after notice
from the Water Department Utility Foreman to remove the same.
[Added 2-2-2021 by Ord.
No. 4-2021]
[1]
Editor's Note: Former § 20-14, Street Acceptance,,
as amended, was repealed 11-24-2020 by Ord. No. 36-2020.
[Added 2-2-2021 by Ord.
No. 4-2021]
No street shall be accepted by the Mayor and Council unless
the following requirements are observed or modified by the Residential
Site Improvement Standards (N.J.A.C. 5:21):
a.
Total width of right-of-way: at least 50 feet.
b.
Total width of portion reserved for vehicular travel: at least 34
feet.
c.
Width of sidewalk areas on each side of street: at least eight feet.
d.
Road to be graded for a width of at least 50 feet according to grades
approved by the Borough Engineer.
e.
Road Surface.
1.
Road surface to be paved, and all improvements including road, road
surface, sidewalks, curbs and drainage system to be constructed in
accordance with the New Jersey Department of Transportation Standard
Specifications for Road and Bridge Construction, Current Edition,
as amended and supplemented as shown on typical sections below. The
pavement section may be modified with the consent of the Borough Council,
provided that the relative strengths of the new section equals or
exceeds a relative strength number of 3.08, based on the following
assigned relative strength numbers for paving components:
|
Component
|
Relative Strength No. Per Inch Thickness
|
|---|---|
|
Bituminous concrete, Mix I-5 (stone mix)
|
0.44
|
|
Bituminous stabilized base, Mix I-2 (stone mix)
|
0.44
|
|
Bituminous concrete, Mix I-4 (stone mix)
|
0.44
|
|
Soil aggregate, dense-base aggregate base course (quarry-processed
stone)
|
0.14
|
|
Stone base or subbase
|
0.11
|
|
Sand subbase
|
0.07
|
|
Poz-o-Pac
|
0.30
|
2.
In no case shall the total thickness of bituminous concrete and bituminous
stabilized base be less than four inches. The pavement shall be constructed
on a compacted subgrade complying with the requirements of ASTM D1557-90%
dry density.
f.
The completion, construction and installation of all underground
utilities, and all appurtenances thereto, before construction of surface
pavement. Where the Mayor and Council deems it impracticable to make
connections with a water main or trunk sewer line, the necessity for
installing water supply lines, fire hydrants and sanitary sewers may
be waived.
g.
The erection of street signs of prevailing design in the Borough
at each street intersection shall conform to the Uniform Manual for
Traffic Control Devices in both message and physical installation.
h.
Delivery to the Mayor and Council of a duly executed deed effective
conveying the right-of-way to the Borough in fee simple, free and
clear of all encumbrances, together with a policy of title insurance
or certificate of title to be approved by the Borough Attorney, in
addition to three plans, drawn to scale, delineating the street and
indicating all necessary details, such as grades, location of monuments,
location of underground utilities, dimensions, bearings, angles and
all other details relating to the layout and construction to the Borough
in fee simple, free and clear of all encumbrances, together with a
policy of title insurance or certificate of title to be approved by
the Borough of the street; and there shall also be deposited with
the Municipal Clerk such sum as the Mayor and Council may determine
to secure the payment of all legal, engineering and other expenses
incurred by the Borough in connection with the acceptance of the right-of-way
and the construction of the improvements therein.
[Added 2-2-2021 by Ord.
No. 4-2021]
All construction work and the installation of all utilities
shall be done under the supervision of and approved by the Borough
Engineer, and before any street shall be accepted, the Borough Engineer
shall certify that all improvements have been installed in accordance
with this section and that all construction work has been performed
in accordance with the specifications of the New Jersey State Department
of Transportation and as shown in the typical sections unless the
Mayor and Council waive this requirement.
[Added 2-2-2021 by Ord.
No. 4-2021]
No plat showing a proposed new street or streets shall be approved
by the Board before the installation in such proposed new street or
streets of all the improvements required by this section unless the
owner or owners of the property through which the new streets or roads
are proposed to be laid shall furnish to the Board a performance and
maintenance bond conditioned upon the construction and installation
by such owner or owners of all improvements in such proposed street
or streets in accordance with the requirements of this section in
a good and workmanlike manner within a period to be fixed by the Board,
which period may be extended by resolution of the Board, and conditioned
further upon the maintenance of the improvements by such owner or
owners in a good, sound, safe and substantial condition for a period
of one year from the date that the proposed street or streets are
accepted by the Mayor and Council. The amount of such performance
and maintenance bond shall be determined by the Municipal Engineer
[N.J.S.A. 40:55D-53d(1)] which shall in no event be less than the
cost of making the improvements at prevailing rates and the estimated
cost of maintaining the street or streets in a good, sound, safe and
substantial manner for a period of one year, which bond shall be issued
by a bonding or surety company satisfactory to the Borough Attorney
and in which bond the bonding or surety company shall be named as
surety, and such bond shall contain a provision that in the event
that the required improvements shall not have been installed with
the time stated therein, or extension thereof, or in the event that
the improvements shall not have been maintained in a good, safe, sound
and substantial manner for a period of one year from the date that
the proposed street or streets are accepted by the Mayor and Council,
the surety shall be liable to the Borough for all costs and expenses
incurred or to be incurred for completing or maintaining the improvements.
The form, sufficiency and execution of the bond shall be approved
by the Borough Attorney.
[Added 2-2-2021 by Ord.
No. 4-2021]
Before any improvements shall be made in any right-of-way proposed
to be offered to the Borough as a public street, the person proposing
to make such improvements shall notify the Borough Engineer at least
48 hours prior to the time the work is to be commenced and under no
condition shall a street be accepted by the Borough unless there has
been a compliance with this provision or unless the Borough Engineer
certifies to the Mayor and Council that the construction of the improvements
in the right-of-way or easement is otherwise in conformity with the
requirements of this section.
[Added 2-2-2021 by Ord.
No. 4-2021]
Where any new street is involved in any application to the Board
for its approval of a subdivision of land, no such application shall
be approved by the Board unless the applicant shall have complied,
or shall give assurances, in the manner required by this section,
that such applicant will comply with the provisions hereof.
[Added 2-2-2021 by Ord.
No. 4-2021]
This section shall not apply to any section of a street that
has been subgraded and the subbase constructed prior to the adoption
of this section, nor shall this section apply to any proposed new
right-of-way or street where the work to be done therein has been
approved by the Mayor and Council prior to the adoption of this section;
provided, however, that all such accepted streets shall be completed
as required by the regulations in effect prior to the adoption of
this section.
