The purpose of this section is to provide a procedure for the
maintenance of the public premises described below at the lowest cost
to the Borough and with the least possible inconvenience to the public.
No person, firm or corporation shall excavate or open or dig
in or upon or otherwise disturb the surface, soil or materials of
any public street, easement, rights-of-way or other public place for
the purpose of making connections to any water pipe, sewer pipe, gas
pipe or other utility installation to replace any sidewalks or curbs,
or for any other purpose whatsoever, unless a permit so to do shall
have first been obtained from the Borough Engineer. A permit shall
be issued to the applicant after he has complied with the following:
A. Execution and delivery of a complete written application to the Borough Engineer on a form to be furnished for that purpose which shall specify the name and address of applicant; the name and address of the contractor; the specific location of the proposed excavation; the width, length and depth thereof; the type of road or other surface; and the owner of the property for whose benefit the excavation is to be made. The application shall be accompanied by a sketch or plans, and specifications which indicate the location and details of the work. The application shall also be accompanied by a non-refundable fee for the issuance of the permit as hereinafter provided in Subsection
17-1.9.
B. Satisfactory compliance with the requirements of Subsection
17-1.8 pertaining to posting of cash and approved surety bond to guarantee that the opening or trench made by the applicant will be properly closed in the street, right-of-way, easement or other public land, and that the same will be constructed to specifications promulgated by the Borough.
C. No opening and excavation of any public streets, easements, and rights-of-way will be allowed to begin, nor will construction of any project be allowed to continue, during the period between July 4th and Labor Day except as may be deemed an emergency as hereinafter provided in Subsection
17-1.4.
D. No permits
for major road openings, as herein defined, shall be granted for the
benefit of any utility provider to cut, alter, change or disturb said
newly constructed paved surfaces and within the same lineal boundary
for a period of five years from the completion of the project, after
due notice from the Borough to avail itself of the opportunity to
coordinate its utility work by other utility or by the same utility
provider. The prohibition against major street openings sooner than
five (5) years, as noted above, may be relaxed upon application to
the Governing Body, which may, for good cause shown in the interest
of the public health, safety and welfare, be granted by resolution,
and upon such conditions as shall be consistent with the purposes
of this section. A major opening shall be that required for the installation,
replacement or repair of any utility facility or portion thereof which
involves opening of a trench or cut in the pavement longer than a
total of seventy-five (75) feet to achieve the installation replacement
or repair.
Once the applicant is issued a permit, it shall be the obligation
of the permittee to:
A. Prior
to any excavation, erect and maintain such signs, lights, barricades
and other protective devices in accordance with details of the most
current editions of the New Jersey Department of Transportation (NJDOT)
Standard Specifications and the Manual of Uniform Traffic Control
Devices (MUTCD) as may be necessary for the public safety and as may
be required by the Borough Police Department or the Borough Engineer.
In the event that the permittee shall fail to provide the protective
devices to the satisfaction of the Borough, the Borough may, upon
twelve (12) hours notice to the permittee, erect and maintain the
necessary devices and charge the permittee for the cost thereof. In
the event that any failure to act by the permittee may have an immediate
adverse effect on the public safety, the Borough may erect the necessary
protective devices without prior notice to the permittee and the permittee
shall be responsible for the reasonable cost thereof;
B. Avoid
unnecessary interference with the public use of the right of way in
question;
C. Prosecute
the work to completion within the date fixed by the permit. In the
event the work is not completed on or before such date, the Borough
may, upon the advice of the Borough Engineer or on its own initiative,
complete the work; all costs thereof shall, in such event, be borne
by the permittee. The permittee is to make all efforts to keep the
opening or trench open for a minimum period of time to accomplish
the purpose of the permittee and close such opening or trench just
as soon as possible thereafter. All trenches shall be backfilled,
compacted and at least temporarily paved, as of the termination of
each day's work, without exceptions;
D. Take affirmative
action to protect children and other members of the public from any
hazardous equipment while on the site of permittee's activity;
E. Maintain
all streets and other property affected by the project on a continuing
basis in a clean condition; free from all rubbish, dust, excess earth,
rubble and other debris. The permittee shall also be liable for any
damage to the Borough roads caused by the operator of equipment over
said roads. In the event the permittee fails to act as provided herein,
the Borough may, upon twelve (12) hours notice to the permittee, clean
and remove all rubbish, dust, excess earth, rocks, debris and unused
material and/or repair any roads in the Borough damaged by the operation
of equipment by the permittee over said roads, and charge the permittee
the cost thereof. In the event that any failure by the permittee may
have an immediate adverse effect upon the public safety, the Borough
may clean, repair or protect the area in question prior to notice
to the permittee and the permittee shall be responsible for the costs
thereof;
F. Perform
all work so as to accommodate, to the greatest extent possible, a
normal flow of traffic. All streets shall remain open to traffic during
construction unless specific permission for closing and detour is
contained in the permit. All applications to close a road and to detour
shall be forwarded to the Police Department and to the Borough Engineer
for their review. Permission to close a street or utilize a detour
shall not be granted unless it is necessary to reasonably complete
the work and will not substantially or unnecessarily impair the public
safety and convenience. If permission to detour is granted, such fact
shall be communicated in writing to the Fire Department and local
First Aid Squads at least twelve (12) hours prior to closing. No road
which had been closed shall be reopened without prior approval of
Borough Engineer and the Police Department;
G. Assume
full liability, defend, indemnify, and hold harmless the Borough,
its officers, appointed officials, consultants, servants, and employees
from and against any and all cost, loss, injury, or damage resulting
from any negligence or fault of the permittee, his agents, employees,
contractors and consultants in connection with the activities covered
by the permit. The Borough shall require that the applicant furnish
appropriate liability insurance covering this undertaking at the expense
of the permittee, to defend, indemnify and hold harmless the Borough
and the persons listed above, in a sum not less than one million ($1,000,000.00)
dollars for each claim arising directly or indirectly out of permittee's
activity. Permittee shall also furnish excess liability insurance
for this undertaking to defend, indemnify and hold harmless in such
sum as permittee may usually carry but, in the case of utility providers,
not less than five million ($5,000,000.00) dollars for personal injury
and one and one-half million ($1,500,000.00) dollars for property
damage.
(1) Permittee's
contractor or subcontractor, when work is not performed by permittee's
personnel, shall, as a minimum furnish comprehensive general public
liability insurance for all risks entailed in the project of not less
than one million ($1,000,000.00) dollars per claimant for personal
injury and not less than five hundred thousand ($500,000.00) dollars
for property damage, per occurrence.
(2) The
permittee's obligations herein to defend, indemnify and hold harmless
shall not be conditioned upon the availability or viability of any
insurance coverage, but shall be absolute, unconditional and unlimited.
(3) All
persons providing labor on the site of the permitted activity shall
furnish proof of workers compensation coverage prior to commencement
of work. All insurance required to be furnished shall be evidenced
by issuance of a Certificate or Certificates of Insurance in companies
acceptable to the Borough and shall, as to liability coverage, specifically
refer to the obligations assumed by the permittee in reference to
the project which is the subject of the application.
(4) A
"memorandum" copy of the complete policies and all endorsements shall
be furnished to the Borough. The Borough, upon its request, shall
be named as "an additional insured as its interest may appear." No
Certificate will be accepted unless it provides for at least thirty
(30) days prior written notice by certified mail, return receipt requested,
to the Borough before the effective date of cancellation for any reason,
or of expiration of the policy;
H. Assume
responsibility for notifying all utility companies or other jurisdictional
authorities which may have underground facilities in the project area
and which may be affected by the proposed work, and shall further
be fully responsible to secure mark-outs of the underground facilities,
all in advance of any construction;
I. Assume
responsibility for securing all other necessary permits from regulatory
agencies including, but not limited to, Soil Erosion Permit from Soil
Conservation Service, Dewatering Permit from the New Jersey Department
of Environmental Protection, etc. The Borough shall have no liability
for applicant's failure to obtain other permits or to comply with
the provisions of any other regulatory authority of any nature whatsoever.
Any interruption of the project by order of the Borough or any other
authority shall not extend the time for completion as set forth in
the permit;
J. Pavement
markings shall be placed, as directed by the Borough Engineer, on
the finished pavement prior to opening the roadway to traffic. Traffic
paint shall conform to the applicable requirements of Subsections
912.34 and 912.35 of the NJDOT Standard Specifications. Pavement markings
shall be maintained during the construction period;
K. The permittee
shall insure that the noise generated by the construction operation
is controlled and equipment shall be equipped with properly maintained
mufflers, pneumatic exhaust silencers, and the like. Construction
equipment shall not be operated during those hours prohibited by Borough
regulations 6:00 p.m. to 8:00 a.m. weekdays and from Saturday 6:00
p.m. to 8:00 a.m. Monday morning and on legal holidays. (§ 12-4.2(5)
Peace and Good Order). However, properly silenced pumps may, with
the approval of the Borough Engineer, be operated as necessary;
L. The permittee
shall insure that dust control is maintained during construction.
Work shall be performed to minimize the creation and dispersion of
dust. Water shall be used to control dust. The use of chemicals for
dust control is prohibited;
M. Permittee
shall be responsible for the removal, storage and replacement, as
necessary, to facilitate his work and to the satisfaction of the Borough
Engineer, of mailboxes, street and road signs, street lights, traffic
control devices, etc. If street and road signs are to be removed even
for a short time, the State Police, local Police, and/or appropriate
public authority having jurisdiction shall be notified in advance;
N. The permittee
shall assume responsibility that all temporary construction facilities
and structures are removed when the work is complete. Any remaining
waste or surplus material shall be removed and the project site and
adjacent properties affected by the work shall be left in a neat and
satisfactory condition. All silt or other foreign debris that may
have been deposited in channels, storm drains or other points of water
discharge shall be removed. All waste material collected as a result
of the work shall become the property of the permittee to dispose
of off site in accordance with the requirements of the NJDEP, Solid
Waste Administration;
O. The extent
of excavation open at any one time will be controlled by the condition
of the site, but in no event shall the opening exceed two hundred
fifty (250) feet;
P. Prior
to construction, permittee shall conduct a subsurface soils investigation
to determine the existing soil types, soil density, and groundwater
levels. The extent of investigations and testing required will be
dependent upon the type of project and as such, the permittee shall
meet with and obtain the approval from the Borough Engineer of the
subsurface investigation program, prior to submission of an application;
and
Q. Routing
of new or replacement utility lines shall be subject to review and
approval of the Borough Engineer with due regard to the purposes of
this section.
No person, firm, partnership, corporation or other entity shall
direct or cause any employee, agent or contractor of such person,
firm, partnership, corporation or entity to open or dig a trench in
any public street, right-of-way or other public place until a written
permit for such opening or trench has been issued by the Borough,
except that openings may be made without the necessity of a previously
issued permit in the case of emergencies which would immediately endanger
the health, safety or property; subject, however, to the condition
that prior notice thereof shall be given verbally to the Police Department
and thereafter a written application in accordance with the provisions
of this section is made within twelve (12) hours after such emergency
opening is commenced. The person or entity acting under this emergency
procedure shall, in all respects, be bound by all other requirements
of this section. No opening shall be finally repaved without the written
approval of the Borough Engineer.
All concrete curbs and sidewalks shall be restored, if damaged during construction, or if being removed and replaced by the permittee, in accordance with the standards set forth in this section and those defined in Chapter
30, entitled "Land Use Regulations." Compliance for the purpose of discharging surety or refund of cash bond shall be as determined by the Borough Engineer.
If the work is not being performed in accordance with the provisions
of this section or if the work is being performed in a manner which
is hazardous to the safety and well-being of the public, then the
Borough Engineer or the Police Department shall issue a stop work
notice to the permittee or persons actually in charge of the work
at the location thereof. Upon the issuance of a stop notice, the progress
of the work shall cease until the defects are corrected and the stop
order rescinded.
Any person owning any real property fronting on any street in
the Borough shall at his or her charge and expense maintain the sidewalk
and curb of the street in front of such house or lot in good repair.
In order to provide for the free and unobstructed use of sidewalks
and in order to prevent any visual obstructions to the streets of
the Borough, the Public Works Supervisor or the Borough Council may
serve written notice upon any owner or tenant of lands in the Borough,
requiring that such owner or tenant shall within ten (10) days of
such notice remove from or over the sidewalks abutting his property,
impediments of any nature whatsoever and cut all brush, hedges and
other plant life growing within ten (10) feet of any road and within
twenty-five (25) feet of the intersection of two (2) roadways to a
height of not more than two and one-half (2.5) feet where it shall
be necessary and expedient for the preservation of the public safety
as such notice may specify. It is the intention of this section that
the sidewalks shall be clean and unobstructed full width and to an
elevation not less than eight (8) feet over the sidewalks, and that
the streets of the Borough shall be free from all visual obstructions
caused by brush, hedges and other plant life growing within ten (10)
feet of any street and within twenty-five (25) feet of the intersection
of two (2) streets.
The notice provided for in Subsection
17-3.1 may be served by personal service or by certified mail, return receipt requested, to the last known address of the owner or tenant of lands abutting the obstructed sidewalk or street.
Whenever any owner or tenant of any lands in the Borough has
been notified to remove, within ten (10) days, impediments of any
nature whatsoever, as such notice may specify, and such removal has
not been accomplished, the Borough may by action of the Borough Supervisor
of Public Works or the Borough Council remove any such impediments
from the sidewalk or lands abutting the street at the direction of
the Borough Supervisor of Public Works who shall, pursuant to N.J.S.A.
40:48-2.14 certify the cost thereof to the governing body, which shall
examine the certificate, and if found correct shall cause the cost
as shown thereon to be charged against said dwelling or lands; the
amount so charged shall forthwith become a lien upon such dwelling
or lands and shall be added to and become and form part of the taxes
next to be assessed and levied upon such dwelling or 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.
Statement of purpose. The Borough finds and declares that it
is necessary to set forth clear standards in relation to the siting
of poles, cabinets, and antennas for the benefit of its citizens and
any utilities which use the Borough's rights-of-way. The purpose of
this section is to protect the property of the Borough and its citizens
by creating a permit system for all new poles, antennas, and cabinets
which are proposed to be placed in the municipal right-of-way.
For purposes of this Section, the following definitions shall
apply:
ANTICIPATED MUNICIPAL EXPENSES
The cost of processing an application for a right-of-way
permit including, but not limited to, all professional fees such as
engineering, planning or attorney fees such as are normally charged
for approval escrows.
CABINET
A box-like or rectangular structure used to facilitate utility
or wireless service from within the municipal right-of-way.
ELECTRICAL DISTRIBUTION SYSTEM
The part of the electrical system, after the transmission
system, that is dedicated to delivering electric energy to an end
user.
EXISTING POLE
A pole that is in lawful existence within the municipal right-of-way.
MUNICIPAL RIGHT-OF-WAY
The surface of, and the space above or below, any public
street, road, place, public way or place, sidewalk, alley, boulevard,
parkway, drive or the like, held by the Borough as an easement or
in fee simple ownership. This term also includes rights-of-way held
by the County of Ocean where the Borough's approval is required for
the use of the same pursuant to N.J.S.A. 27:16-6.
POLE
A long, slender, rounded piece of wood, concrete, or metal.
POLE-MOUNTED ANTENNA
A device that is attached to a pole and used to transmit
radio or microwave signals and shall include, but not be limited to,
small cell equipment and transmission media such as femtocells, picocells,
microcells and outside distributed antenna systems.
PROPOSED POLE
A pole that is proposed to be placed in the municipal right-of-way.
PUBLIC GROUNDS
Any lands, areas, buildings or installations owned by the
Borough of Mantoloking or any of its departments, agencies or commissions,
and shall include municipal Board of Education lands, areas, buildings
or installations.
RIGHT-OF-WAY AGREEMENT
An agreement that sets forth the terms and conditions for
use of the municipal right-of-way and includes, but is not limited
to, municipal franchise agreements.
RIGHT-OF-WAY PERMIT
An approval from the Borough, setting forth the applicant's
compliance with the requirements of this section.
SITING
The placement of one new pole, one replacement pole, one
antenna along with one cabinet on an existing pole, or a combination
of the placement of one new or replacement pole and one antenna and
cabinet.
SURROUNDING STREETSCAPE
Existing poles within the same right-of-way which are located
within 500 feet of the proposed pole.
Notwithstanding any franchise or right-of-way agreement to the
contrary, all facilities proposed to be placed within the municipal
right-of-way by a utility regulated by the Board of Public Utilities
and all other entities lawfully regulating any facility, equipment,
antenna, cabinet or other installation within the municipal right-of-way
shall be subject to the standards and procedures set forth within
this section and shall require right-of-way permits for the siting
of poles, antennas, cabinets and related facilities, equipment or
other installation within the municipal right-of-way.
Any person violating this Chapter or these rules and regulations,
upon conviction thereof, shall be punished by a fine not exceeding
two thousand ($2,000.00) dollars per day or by imprisonment in the
county jail for a term not exceeding ninety (90) days, or both. A
separate offense shall be deemed committed on each day during or on
which a violation occurs or continues.