Borough of Buena, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Buena as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 88.
Land use — See Ch. 150.
Property maintenance — See Ch. 181.
Vehicles and traffic — See Ch. 218.
[Adopted 9-9-1968 by Ord. No. 133]

§ 195-1 Areas affected; notice to property owners.

After the adoption of this article or concurrently therewith, the Mayor and Council of the Borough of Buena may adopt resolutions from time to time designating areas to be affected by this article. Passage of such resolutions shall be noticed to the affected property owners pursuant to § 195-7 hereinafter.

§ 195-2 Specifications and standards.

A. 
Line and grade. Curbs shall be constructed to the line and grade as established and staked by the Borough Engineer, who will set stakes when authorized and directed to do so by the Mayor and Council.
B. 
Size of curb. Curbs shall be 18 inches in depth and have a minimum thickness at the top of six inches. Sides shall be battered one inch to allow paving rollers to work adjacent to them. The use of combined curb and gutter will be authorized when requested.
C. 
Material. Curbs shall be constructed of concrete of sand, stone and portland cement, so proportioned and mixed to have a compressive strength of 3,500 pounds at the end of 28 days.
D. 
Radius. Curbs shall be constructed with a radius at all cross streets of not less than 15 feet, or as directed by the Borough Engineer.
E. 
Driveway openings. Where no drives now exist, all entrances shall be made with a dropped driveway opening through the curb. The drop will be so designed to allow a one-and-one-half-to-two-inch lip from the gutter. Where existing hardtopped drives now exist, curbs will be adjusted, with short radius if necessary, to try to hit the existing drives for grade and line, if possible.
F. 
Sidewalks. If sidewalks are installed, they will be placed by the Borough Engineer as close to the property line as practical in order to keep a uniform park grass strip and to allow a slope along driveways to the gutter grade that will not make a steep approach.

§ 195-3 Private installation; notice to Clerk; liability.

If any owner or owners of land fronting upon the streets mentioned in the resolutions aforesaid shall choose to do his, her or their own curbing and guttering in front of that land, it is her, his or their own expense and written notice of such intentions shall be filed with the Buena Borough Clerk within 20 days after receipt of formal notice of passage of the resolution designating their land as affected, with a copy of this article attached thereto, and such work so to be done shall be completed within 30 days after the filing of such notice with the Buena Borough Clerk; otherwise, such landowner or owners shall be liable to an assessment for all costs and expenses incurred in the construction and completion of curbs and gutters.

§ 195-4 Authority to issue bonds; interest; supplemental debt statement.

A. 
In order to finance the installation of curbs as herein provided for, the Borough, by its corporate power, shall be authorized to issue bonds or bond anticipation notes, or both, to be identified as local street improvement assessment bonds and bond anticipation notes, in such sum as the Council by resolution may require, and by the appropriation from the general capital improvement fund of the Borough of such amounts as the Council may by resolution deem necessary.
B. 
The rate of interest which such bonds or notes shall bear shall not exceed 6% per annum.
C. 
The period of usefulness of the aforesaid local improvement is declared to be 10 years. The aforesaid bonds to finance said local improvement and to meet the costs of the same shall be liquidated in five years.
D. 
A supplemental debt statement, as required by and as defined in the Local Bond Law, Title 40A, Chapter 2, of the New Jersey Statutes Annotated,[1] has been duly made and filed in the office of the Clerk of the Borough of Buena. This statement shows that the gross debt of the Borough, as defined in this Local Bond Law, Title 40A, Chapter 2, of the New Jersey Statutes Annotated, is increased by the present obligation by the amount authorized by the aforesaid Council resolution, and that the obligations authorized by this article will be within the debt limitations prescribed by the Local Bond Law, Chapter 2 of Title 40A of the New Jersey Statutes Annotated.
[1]:
Editor's Note: See N.J.S.A. 40a:2-1 et seq.
E. 
The full faith and credit of the Borough of Buena are hereby pledged for the principal and interest on such obligations issued pursuant to this article.

§ 195-5 Assessment against benefitted properties.

The costs and expenses incurred in the construction and completion of the said local improvement shall be assessed against the properties specifically benefitted in proportion to the benefits received. Assessments shall be distributed for payment over a five-year period and dated in five equal annual installments.

§ 195-6 Applicability to existing construction.

Nothing herein shall be construed to affect any curbs or such streets now in good repair and constructed at said grade or slope and substantially in accordance with this article and the specifications as set forth by the Borough Engineer.

§ 195-7 Property owner noncompliance; assessment against property.

Upon failure of the owner or owners of lands fronting or bordering on the subject street to construct, recurb, improve, repair or install curbs within 30 days after service of notice pursuant to the provisions of N.J.S.A. 40:65-1 et seq., and the acts amendatory thereof and supplemental thereto, the said improvement shall be done by the Borough or under its direction pursuant to the statutes aforesaid and the cost assessed against the lands affected.

§ 195-8 Violations and penalties.

[Amended 1-12-1987 by Ord. No. 329]
Each and every person, firm or corporation violating any provision of this article shall, upon conviction thereof, be subject to such penalties as set forth in Chapter 1, General Provisions, Article III.
[Adopted 7-11-1983 by Ord. No. 275]

§ 195-9 Permit required; emergency repairs.

A. 
It shall be unlawful, except in case of emergency as set forth in Subsection B hereunder, for any person, firm, corporation or public utility to engage in any of the following activities unless such person shall first have obtained a permit therefor from the designated representative of the Borough of Buena:
(1) 
To dig up, excavate, tunnel, displace, undermine or in any manner break up any paved street, sidewalk, curb, gutter or other public property in any of the streets or other public grounds of the Borough of Buena.
(2) 
To make or cause to be made any excavation in or under the surface of any street for any purpose.
(3) 
To place, deposit or leave upon any street any earth or other excavated material, obstructing or tending to interfere with the free use of the street.
(4) 
To perform any other operation on any street which in any way interferes with or disturbs the surface of such street.
B. 
In the event that any pipe, conduit, main or other utility installation in or under any street, sidewalk, curb, gutter, public way or other public area shall break or otherwise be in such condition as to seriously endanger persons or property, the owner of such pipe, conduit, main or other utility installation shall immediately remedy such trouble and shall immediately take all such necessary steps to make the location in question safe and secure. The owner shall not, however, begin making any permanent repair to the street, sidewalk, curb, gutter or other public way or public area until such owner shall have secured a permit as hereinafter provided. Such permit shall be applied for within five days after the break or other serious problem has been discovered, and the necessary permanent repairs to the street, curb, gutter, sidewalk or other public way or area shall be made as directed by this article, or, if not described herein, then as prescribed by the Engineer of the Borough of Buena and shall be completed as soon as practicable after receipt of the permit.

§ 195-10 Application; required data.

A written application for the issuance of an excavation permit shall be submitted to the Clerk of the Borough of Buena. The application shall state the name and address of the applicant, the locations and dimensions of the excavation, the purpose of the excavation, the anticipated date of commencement, completion and restoration of the excavation and such other data as may reasonably be required by the Borough of Buena on an application form to be provided. The Borough may also require the submission of a plan or drawing to be attached to the application, drawn by a professional engineer of the State of New Jersey, drawn to a scale sufficient to show clearly the proposed work to be performed, including the location thereof. Any such plan or drawing shall show profiles and all utilities within 25 feet of the proposed work. Utility companies may use a nonlicensed engineer who is an employee of the company, provided that his work is acceptable to the Borough Engineer.

§ 195-11 Special permits; responsibility of applicant to contact utilities.

Any person, firm, corporation, association or public utility applying for an excavation permit shall be solely responsible for obtaining a separate permit in accordance with the requirements of N.J.S.A. 2A:170-69.4 et seq.[1] when the proposed excavation is located within 200 feet of a gas pipeline, and all excavation permits issued by the Borough of Buena are subject to the issuance of such separate permit. An applicant for a permit is further responsible for contacting all other local utilities, including but not limited to the Borough of Buena Municipal Utilities Authority, to determine whether any property or line of the utility is located in the vicinity of the proposed excavation site, and, if so, the applicant shall be obligated to comply with any statutes or regulations pertaining to same.
[1]:
Editor's Note: N.J.S.A. 2A:170-55 to 2A:170-69.4 was repealed by L.1978, c. 95, effective 9-1-1979.

§ 195-12 Permit issuance; right of appeal; revocation.

A. 
Upon application and payment of the fees and deposits as required by this article, the Clerk of the Borough of Buena may, in his discretion, issue an excavation permit to permit the excavation or opening of the surface of any Borough street or road or to permit the excavation of any sidewalk area, curb, gutter or other public area or public grounds. The permit shall state the name of the applicant, the nature and purpose of the excavation or opening, the location of the opening and the number of days for which the permit shall remain in force.
B. 
In the event that the Clerk of the Borough of Buena refuses to issue any permit to any person, firm, corporation, association or public utility applying for same, such applicant shall have the right to appeal the refusal to the Mayor and Council of the Borough of Buena, which shall review the application and circumstances surrounding the application and which shall, upon majority vote, decide whether the permit in question should be issued.
C. 
Any permit issued by this article may be revoked by the Mayor and Council of the Borough of Buena at any time prior to the termination date of the permit if such revocation is necessary for the public health, safety or welfare.
D. 
No permit shall be issued to allow the excavation or opening of the surface of any Borough street or road which has been reconstructed, overlayed or resurfaced, for a period of five years from the completion date of such reconstruction, overlay or resurfacing except in the following circumstances:
[Added 8-7-1989 by Ord. No. 365]
(1) 
The excavation or opening is required by an emergency as defined in § 195-9B of this article.
(2) 
A lot which existed prior to the reconstruction, overlay or resurfacing was not connected to a water or sewer lateral prior to such reconstruction, resurfacing or repaving, in which event a road opening permit may only be granted upon good cause shown and approval by a two-thirds vote of the entire Council of the Borough of Buena.

§ 195-13 Time limitations for commencement, notice of commencement and completion.

A. 
Excavation permits issued under this article shall become null and void unless work is commenced within 90 days after the issuance of said permit, unless an extension of time is granted by the Clerk of the Borough of Buena.
B. 
Where road openings or excavations are to be made, the applicant shall give a forty-eight-hour notice to the Engineer of the Borough of Buena or to his duly authorized representative prior to the commencement of any road opening or excavation, except in case of emergency as provided in § 195-9B of this article.
[Amended 8-7-1989 by Ord. No. 365]
C. 
All road openings and excavations shall be backfilled immediately, and road restoration shall be made in accordance with the terms and conditions of this article within two weeks after backfilling has been completed.

§ 195-14 Road closings; notification of Police Department and Engineer required.

No street, road or other public way in the Borough of Buena shall be closed to traffic unless the Borough Police Department and the Borough Engineer have been notified. Thereafter, rerouting or detouring of traffic shall only be done in conjunction with instructions from the Police Department of the Borough of Buena.

§ 195-15 Permit fees.

A. 
Except as hereinafter set forth, a permit fee shall be charged by the Clerk of the Borough of Buena for the issuance of an excavation permit, which fee shall be in addition to all other fees for permits issued relative to any proposed construction work. A permit fee shall be determined as follows:
(1) 
Size of trench opening.
[Amended 8-7-1989 by Ord. No. 365]
(a) 
Up to 20 linear feet: $50.
(b) 
In excess of 20 linear feet: $50 plus $0.25 per linear foot for every linear foot in excess of 20, to a maximum of $500.
(2) 
Curb and gutter replacements.
[Amended 8-7-1989 by Ord. No. 365]
(a) 
Zero to 100 linear feet: $50.
(b) 
Over 100 linear feet: $50 plus $0.25 per linear foot for every linear foot in excess of 100.
(3) 
Direct burial cables.
[Amended 8-7-1989 by Ord. No. 365]
(a) 
Up to 1,000 linear feet: $150.
(b) 
Over 1,000 linear feet: $150 plus $20 for every 1,000 linear feet thereafter.
(c) 
The fee set forth in this section for direct burial cables applies to cables with a maximum width of six inches. For cables of greater width, trench fees shall apply.
B. 
Any individual or corporate property owner in the Borough of Buena seeking to install or replace a sidewalk or curb. where the installation or replacement does not contemplate further excavation for the repair or laying of a pipe or cable, and where such installation or replacement is limited to the municipal right-of-way adjacent to the property of the individual or corporate property owner, shall be exempt from the payment of any fee, but shall be required to comply with all of the remaining terms and conditions of this article and to obtain a permit as hereinabove set forth.

§ 195-16 Performance and maintenance bonds; exemptions.

A. 
No permit shall be issued hereunder prior to the submission to the Borough of Buena of a performance bond in the amount of $30 per lineal foot of excavation to guarantee that the road, curb, gutter or other opening or excavation for which a permit is sought will be properly closed and that the road, street, curb or gutter shall be satisfactorily reconstructed. In lieu of a performance bond, the applicant may submit a certified check or irrevocable letter of credit in an amount equal to that which a bond would guarantee with the application.
[Amended 8-7-1989 by Ord. No. 365]
B. 
No performance bond shall be released prior to the submission of a maintenance bond in the amount of $20 per lineal foot of excavation. The maintenance bond shall guarantee that the road, curb sidewalk, gutter or other public way as reconstructed will remain in good condition for five years after final inspection and acceptance by the Borough Engineer. As an alternative to the purchase of a maintenance bond, a certified check or irrevocable letter of credit in the same amount may be provided with the application.
[Amended 8-7-1989 by Ord. No. 365]
C. 
Any utility company seeking to excavate any roadway, curb, gutter or other public way in the Borough of Buena may, in lieu of giving a separate maintenance and performance bond for each project, annually post a performance bond or a corporate bond in the amount of $10,000; provided, however, that when road opening or trench work to be performed in the Borough exceeds the amount of the bond posted, an additional bond or check shall be required.
[Amended 8-7-1989 by Ord. No. 365]
D. 
All checks or bonds provided under this article shall be submitted to the Clerk of the Borough of Buena and payable to the Borough of Buena.
E. 
Any individual or corporate property owner who obtains a permit for the purposes described in § 195-15B of this article shall be exempt from this requirement of this § 195-16 with regard to the posting of performance and maintenance guaranties, except that this exemption shall only be applicable to an individual or corporate property owner seeking to install or replace curbs or sidewalks for one designated lot. A developer of a property who is required by the Zoning or Planning Board of the Borough of Buena to install sidewalks or curbs as a part of a site plan or minor or major subdivision approval shall be required to post such performance and maintenance guaranties as are required by the Zoning or Planning Board or by applicable Borough ordinances, notwithstanding the exemption set forth in this subsection.

§ 195-17 Use of continuous trench.

If more than three individual holes are required within a length of 20 feet, a single trench must be used rather than individual holes. In no case will more than three individual holes be permitted within a length of 20 feet.

§ 195-18 Rerouting and detouring traffic.

A. 
A person or company obtaining an excavation permit under this article shall take appropriate measures to assure that during the performance of the excavation work traffic conditions shall not be adversely affected, or shall remain as nearly normal as practicable, in order to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The Engineer of the Borough of Buena, in conjunction with the Police Department of the Borough of Buena, may permit the closing of streets to all traffic for a period of time determined by them if, in their opinion, such closure is necessary. In the event that a question of safety is involved, the opinion of the Police Department regarding the necessity of closure shall prevail. The holder of the excavation permit shall keep all road and street openings guarded at all times, and no opening of a street, road, sidewalk or other public way or area shall be larger than is reasonably necessary. The holder of the permit shall route and control traffic, including its own vehicles, in accordance with the directions of the Police Department of the Borough of Buena. Before any highway is closed or restricted to traffic, the person or company holding the permit shall receive approval of the Borough Engineer and the Police Department. Upon the completion of construction, the holder of a permit shall notify the Borough Engineer and the Police Department before traffic is moved back to its normal flow so that any necessary adjustments in road conditions or rerouting may be made.
B. 
Where flagmen are deemed necessary by the Borough Engineer, they shall be furnished by the holder of the permit at its own expense. In cases where a detour is necessary and no existing highway is available for the purpose of the detour, the holder of the permit shall construct all detours at its own expense and in conformity with the specifications of the Borough Engineer.

§ 195-19 Safety precautions.

The following measures shall be taken to ensure the safety and protection of the traveling public:
A. 
All openings must be backfilled immediately and restoration with temporary patch shall be applied so as to permit passage along the roadway.
B. 
In the event that it becomes necessary to leave an excavation open or unfinished overnight or for an extended period, the holder of the permit shall place barricades at the site, exhibiting the name of the permit holder and a phone number where a representative of that company can be reached at all times. The permit holder shall also notify the Borough Police Department of the condition of the unfinished excavation and furnish said Police Department with the name of the permit holder and the phone number where a representative can be reached. Flame torches or flashers shall be used in such cases, with a minimum of four at the construction site or along the right-of-way, or such additional number as may be required by the Borough Engineer.
C. 
After the placement of temporary patch on a work area which has been backfilled, the permit holder shall maintain the temporary patch in a passable condition until final paving is installed.
D. 
The holder of a permit shall erect and maintain suitable timber barriers to confine earth from trenches or other excavation in order to minimize the encroachment of such material upon the highway.
E. 
The holder of a permit shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of steel plates or of plank, timbers and blocking of adequate size to accommodate vehicular traffic safely. Timber decking shall be not less than four inches thick and shall be securely fastened. Pedestrian crossings, if of timber, shall consist of planking three inches thick, 12 inches wide, and of adequate length, together with necessary blocking. The walk shall be not less than three feet in width and shall be provided with a railing as required by the Borough Engineer.
F. 
All permit holders shall contact the New Jersey Utility Opening Service at 1-800-272-1000 and obtain clearances before beginning excavations.

§ 195-20 Specifications for restoration and inspection; noncompliance.

A. 
All trenches or openings of any kind in any roadway shall be sawcut in a line equal to the widest portion of the proposed opening so that the final paving will be in a straight line at all sides and not jagged or stepped. Backfill material shall be clean and free from all rocks and pieces of pavement. Trenches in road openings shall be backfilled in layers not to exceed six inches in depth and all backfill shall be tamped with a vibratory compactor. Existing backfilled material shall be capable of obtaining 95% compaction, or new material shall be brought in so that 95% compaction is obtained. In the event of shortage, additional clean backfill materials shall be used to bring the excavation back to acceptable grade. The final restoration shall be consistent with either of the following methods: 12 inches of quarry blend and four inches of stabilized base plus two inches of FABC wearing course to match the existing surface of the road being restored or eight inches of stabilized base, plus two inches of FABC wearing course to match the existing surface of the road being restored. Regardless of the method of restoration chosen pursuant to this subsection, the wearing course shall extend a minimum of two feet beyond all sides of the opening. On roads presently paved with oil and stone, a variable wedge of stabilized base Mix 2 shall be placed to give a new crown with a 2% slope, and the entire disturbed roadway shall be resurfaced with two inches of FABC Mix 5.
[Amended 8-7-1989 by Ord. No. 365]
B. 
All openings of any road, sidewalk or other public way shall be backfilled immediately or as soon as practical after the work necessitating the excavation has been completed. Thereafter, on all public roadways a temporary patch shall be installed above the backfill in order to permit the area in question to stabilize sufficiently before the application of permanent paving as above described. Unless otherwise ordered by the Borough Engineer, permanent paving shall not be applied until at least eight weeks after the completion of backfilling and the application of the temporary patch.
[Amended 8-7-1989 by Ord. No. 365]
C. 
After backfill, the trench or other road opening shall be inspected by the Borough Engineer, who will determine the extent of resurfacing necessary in accordance with the requirements set forth in this article. In the event that a roadway has been resurfaced by the Borough of Buena during the previous five years, the Borough Engineer shall require full width restoration.
D. 
Whenever required by the Borough Engineer, pipes for making opposite side hookups shall be driven or bored under the paved portion of the road or street without disturbing the surface.
E. 
Road openings and/or trenches involving unusual or special conditions shall be restored in accordance with and pursuant to the direction of the Borough Engineer.
F. 
Upon the final closing of every road opening for which a permit is required under this article, the holder of a permit shall request a final inspection by the Borough Engineer. If the work has been completed in a satisfactory manner, a certificate of completion shall be sent by the Borough Engineer to the Clerk of the Borough of Buena who shall return the performance guaranty posted by the holder of the permit upon receipt of the required maintenance guaranty. At the time of such inspection, the holder of the permit shall also pay to the Treasurer of the Borough of Buena an inspection fee of $40 per hour, which sum shall be paid by the Borough to the Borough Engineer upon submission of an appropriate voucher. This inspection fee may be changed from time to time by resolution of the Council of the Borough of Buena without formal amendment to this article.
[Amended 8-7-1989 by Ord. No. 365]
G. 
In any case where the holder of a permit has not complied with the provisions of this article regarding restoration of a street and the obtaining of approval of same by the Borough Engineer, the Council of the Borough of Buena may cause the work to be done and the cost to be deducted from the performance guaranty posted by the holder of the permit after due notice.

§ 195-21 Liability of Borough.

As a condition to the issuance of a road opening permit under this article, each applicant shall hold the Borough of Buena harmless from any and all claims of any nature arising out of the construction, road, street or other work covered by said permit, and the Borough of Buena shall not assume any liability in connection therewith. In the event that any suit or claim is made against the Borough of Buena for any reason arising out of work undertaken pursuant to a street opening permit, the applicant or holder of the permit shall indemnify the Borough of Buena for any costs or damages which it is called upon to expend in connection with any such claim. Any final judgment rendered against the Borough of Buena requiring it to pay for such damage shall be conclusive upon the holder of the permit, and such holder shall be liable for all costs incurred by the Borough of Buena in connection with such suit.

§ 195-22 Insurance requirements.

A. 
As an additional condition to the issuance of a permit, the applicant for a permit shall deliver to the Clerk of the Borough of Buena a certificate of insurance in a sum of not less than $1,000,000 combined single limit. Where applicable, the applicant or holder of a permit shall demonstrate that the explosion, collapse and underground exclusion has been removed from its insurance policy. No certificate of insurance issued under this article will permit the cancellation of said insurance without giving the Borough of Buena at least 10 days' written notice thereof.
B. 
This insurance requirement shall not be applicable to persons exempt from payment under § 195-15B of this article.

§ 195-23 Interference with safety precautions prohibited.

No person shall tear down, displace or remove any barricade, guardrail or fence placed along the site of any opening or excavation made pursuant to a permit issued under this article, or extinguish or remove any light or warning sign thereon or any other safety device or warning placed on or near any obstruction on any street or public place, unless such person is acting under the authority of the Department of Roads of the Borough of Buena or with the consent and authority of the person superintending the excavation work and material thereby protected.

§ 195-24 Mixing cement over paved surfaces prohibited.

No lime, cement, water, concrete or other materials shall be mixed directly upon any paved surface of any street or public place. A watertight box shall be employed for the mixing of any wetted material over any such paved surface.

§ 195-25 Removal of obstruction to work required.

The owner, driver or operator of any truck, automobile or other vehicle parked or standing in any street or other public place in such a manner as to obstruct the progress of work being undertaken pursuant to a permit issued under this article, or so as to impede the flow of traffic past any construction work, material or equipment used in such construction, shall, upon verbal or written notice given by the Police Department, Mayor, member of the Road Department or other duly authorized representative of the governing body of the Borough of Buena, immediately remove such automobile, truck or other vehicle to another location to remove the obstruction or impediment as above set forth. Any person refusing to comply with such verbal or written notice shall be in violation of this article and shall be subject to the penalties set forth herein.

§ 195-26 Supplemental rules and regulations.

In addition to the provisions of this article, the Mayor and Council of the Borough of Buena or the Road Department of the Borough of Buena may adopt such rules and regulations supplementing this article dealing with fees and the safety of persons and property as may be reasonable and necessary for the proper administration of the provisions hereof.

§ 195-27 Violations and penalties.

[Amended 1-12-1987 by Ord. No. 329]
Any person, firm, corporation, association or public utility who shall violate any condition or provision of this article shall be subject to such penalties as set forth in Chapter 1, General Provisions, Article III, and each day in which a violation occurs shall be considered a separate offense.