[Derived from Ch. XIII of the 1975 Code (Ord.
Nos. 210 and 142)]
This article shall be known and may be cited
as the “Street Opening Ordinance of the Borough of Franklin.”
It shall be unlawful for any person to dig up,
break, excavate, tunnel, undermine or in any manner open any street,
alley, sidewalk or other public grounds or to make or cause to be
made any excavation in or under the surface thereof for any purpose,
or to place, deposit or leave upon any street, alley, sidewalk or
public grounds any earth or other excavated material obstructing or
tending to interfere with the free use thereof, without first obtaining
a permit therefor from the Borough Clerk as herein provided.
[Amended 6-12-2001 by Ord. No. 6-2001]
A.
Application. No permit shall be issued unless a completed application, on forms provided by the Borough Clerk, is submitted in triplicate along with the application fee provided for in Chapter 119 (the Borough's Fee Ordinance) to the Borough Clerk. The application shall be signed by or on behalf of the applicant or applicant's duly authorized agent. The application shall contain the following information:
(1)
Location of the area where the road is to be opened.
(2)
Name, address and phone number of the applicant.
(3)
Name, address and phone number of the person responsible
for excavation, including emergency contact number.
(4)
Length of proposed road opening in linear feet.
(5)
The purpose of the excavation.
(6)
Detailed plans describing the work to be performed.
(7)
The number of square feet or yards of road surface
to be opened.
(8)
The cubic content of the surface and subsurface to
be excavated.
(9)
The type of road surface to be opened.
(10)
The proposed date for commencement of work and the
estimated date of completion.
(11)
Such other information as the Borough may reasonably
require.
B.
Permit review and issuance. Upon receipt of the completed
applications the Borough Clerk shall forward a copy to the Borough's
Public Works Manager and a copy to the Borough Engineer. The Borough
Engineer shall prepare a written estimate setting forth the anticipated
costs of restoring the street, road or highway to its original condition
after the excavation has been completed. The Engineer's estimate shall
be forwarded to the Public Works Manager who shall review the application
and the Engineer's cost estimate. The Public Works Manager shall then
make a recommendation to the Borough Clerk as to the issuance of the
permit, including any additional conditions for the issuance of the
permit. The Borough Clerk shall then issue the permit, provided the
applicant has paid the application fee, the performance guarantee,
escrow fee and provided proof of insurance.
[Amended 6-12-2001 by Ord. No. 6-2001]
Permits for excavations in any street shall
be granted only upon the following conditions, and such other conditions
as may from time to time be hereafter adopted, to wit:
A.
Maximum width of excavation or obstruction. If any
construction or excavation or obstruction or occupancy shall extend
for the full width of the road, only 1/2 of the road shall be disturbed
or obstructed at one time, which half shall be backfilled or cleared
before the remaining 1/2 is excavated or obstructed in order that
the public travel over said road remain unimpeded and that it remain
open at all times.
B.
Additional work not covered in permit. No person to
whom a permit has been granted shall perform any of the work authorized
by such permit in any amount greater than that specified in the permit,
except that, upon approval by the Public Works Manager, additional
work may be performed under the provisions of the permit in such amount
as the Public Works Manager shall deem appropriate and necessary to
complete the work. Any deposit or bond posted in connection with the
permit shall be reviewed to insure that any such additional work is
covered and may be approved pursuant to this section.
C.
Expiration of permit; extensions. Work for which a
permit has been issued shall be completed within 30 days after the
issuance of the permit unless otherwise specified. If not so completed,
the permit shall be automatically terminated unless the permittee
applies to the Borough Clerk for an extension of time within which
to perform the work. If such an extension is granted, the original
permit shall remain in force for the period of time specified in the
extension. Permittee shall notify the Borough Police Department and
the Public Works Manager at least 24 hours prior to the initial commencement
of work.
D.
Hours of operation.
(2)
All street excavations and openings must be closed
and all obstructions removed from the Borough rights-of-way at all
other times. Exceptions are granted only in an emergency or when permission
is obtained in advance from the Borough Clerk or Public Works Manager.
If a street opening or excavation is left at any incomplete stage
for over 24 hours, it may be deemed contrary to the public interest
by the Borough.
E.
Nontransferable. Permits are not transferable from
one person to another, and the work shall not be made in any place
other than the location specifically designated in the permit.
F.
Liability insurance. Permittee shall provide the Borough
with an acceptable certificate of insurance indicating that the permittee
and the Borough are insured against claims for damages for personal
injury as well as against claims for property damage which may arise
from or out of the performance of the work, or that such performance
be by permittee, his subcontractor or anyone directly or indirectly
employed by him. Such insurance shall cover all manner of liability,
including but not limited to collapse, explosion, hazards and underground
work by equipment on the street, and shall include protection against
liability arising from completed operations. The amount of the liability
insurance for bodily injury in effect shall not be less than $1,000,000
for each person and for property damages not less than $500,000. A
public utility company may be relieved of the obligation of submitting
such a certificate if it submits satisfactory evidence that the company
and the Borough are insured or it has adequate provision for self-insurance
of itself and the Borough in accordance with the requirements of this
section. Public utilities may submit annually such evidence of insurance
coverage in lieu of individual submissions for each permit.
G.
Use of streets during work. Permits shall be granted
subject to the right of the Borough or any other person to lawfully
use the street for any purpose not inconsistent with the permit. The
Borough shall also have the right to require the persons using the
street to allow reasonable additional uses of said person's facilities
in order to avoid duplication of facilities and congestion of said
streets.
H.
Indemnification of Borough. All permits issued under
this article shall be subject to the following requirement: Any person
shall, as a condition of accepting any permit issued hereunder, save,
hold and keep harmless and indemnify the Borough, its officers, employees
and agents against any loss, damage, claim, demand or expense arising
out of any suit or claim for damage or injury alleging to have been
sustained as a result of any work performed under the permit.
[Amended 6-12-2001 by Ord. No. 6-2001]
A.
Performance guarantee.
(1)
No permit shall be issued until the applicant has
filed with the Borough Clerk a performance guaranty in an amount equal
to the Borough Engineer's estimate to insure that the surface of such
portion of the public way to be excavated, opened or tunneled shall
be restored to its original condition within the time set forth in
the application for permit.
(2)
In lieu of a bond, the applicant may deposit a certified
check with the Borough Clerk, payable to the Borough of Franklin,
in an amount equal to the Borough Engineer's estimate. In the event
the applicant fails to restore the surface of that portion of the
public way which has been excavated, opened or tunneled to its original
conditions within the time set forth in the application for the permit,
the Borough may use the guaranty to pay the cost of such restoration,
and any amount in excess of the cost shall be returned to the applicant.
In the event that the applicant does restore such surface to its original
conditions within the time set forth in the permit, the Borough shall
then return the full amount of the guaranty to the applicant. In the
event the guaranty is insufficient to perform the work, the applicant
shall be responsible for the additional amount required to complete
the restoration.
B.
Escrow fee. An escrow fee in the amount provided for in the Borough's Fee Ordinance, Chapter 119, shall be deposited with the Borough Clerk to cover the cost of the Borough's Engineer in inspecting the work performed under the permit. The applicant shall receive a copy of any invoices submitted to the Borough for the Engineer's fees, which shall be at the Engineer's customary rate for the services provided to the Borough. In the event the costs incurred by the Borough exceed the amount of the escrow, the applicant shall be responsible for such difference. Any dispute concerning the amount of the Engineer's fees shall be resolved directly between the Engineer and the applicant.
C.
Release by Borough Council. The guaranty shall remain
in full force and effect until released by resolution of the Borough
Council, upon recommendation of the Borough Engineer and the Public
Works Manager. The release shall be given upon satisfactory completion
of the restoration of the surface in accordance with the terms set
forth in this article and the permit.
A.
The Borough Engineer or such other officer as the
Borough shall appoint shall have full supervision over any road opening
to be made as provided for in this article. The applicant shall be
responsible for paying the costs incurred by the Borough for the Borough
Engineer's inspection or supervision of the project. Any work to be
performed under the permit shall be commenced within 10 days of the
date the permit is issued, and the work shall proceed with due diligence
to its completion.
B.
If the work for any reason does not commence within
the 10 days of the permit issuance, the permit shall be void and the
Borough shall return the performance guaranty and escrow, less any
costs and expenses incurred by the Borough, unless an extension of
time is granted by the Borough in writing. Any extension shall specify
the date to which the performance has been extended, and failure to
perform by the designated date shall result in the immediate termination
of the permit.
[Amended 6-12-2001 by Ord. No. 6-2001]
Where openings and excavations of streets, alleys,
sidewalks and other public grounds are required to be made by a public
utility company operating within the Borough, application for permits
for such work shall be made as herein provided except that in lieu
of performance guaranty, such public utility company shall file a
performance bond in such amount and upon such terms and conditions
as the Borough Council may approve and shall coordinate the work to
be performed with the corporation and under the supervision of the
Borough Engineer and the Department of Public Works.
The officer appointed by the Borough for such
purpose or the Borough Engineer, if no such officer is appointed,
shall inspect or cause to be inspected all openings, excavations and
tunnels being made in or under any public street, alley or other public
place in the Borough to see to the enforcement of the provisions of
this article. Notice shall be given to him at least 10 hours before
the work of refilling of any such tunnel or excavation commences.
The Borough may at any time revoke or annul
any permit or extension endorsed thereon for cause, or for not making
openings in accordance with the permit granted, or for failure or
neglect to pursue the work in accordance with such permit or by reason
of any condition which would, or the Borough fears might, prove to
be dangerous or injurious to any person or property, or the Borough
deems harmful to or not in the best interests of the Borough. Every
person receiving a permit or any extension thereof shall accept the
same subject to the foregoing provision, without any liability or
responsibility attaching to the Borough for any loss or damage that
might result by reason of such revocation.
It shall be unlawful to make any such opening,
excavation or tunnel in any way contrary to or at variance with the
terms of the application or permit therefor, and proper bracing shall
be maintained to prevent the collapse of adjoining ground, and no
portion of an excavation below the surface shall extend beyond the
opening at the surface. No injury shall be done to any pipes, cables
or conduits in the making of such excavations or tunnels, and notice
shall be given to the persons maintaining any such pipes, cables or
conduits, or to the Borough department or officer charged with the
care thereof, which shall or may be endangered or affected by the
making of any such excavation or tunnel before such pipes, cables
or conduits shall be disturbed. No unnecessary damage or injury shall
be done to any tree or shrub or the roots thereof. Where any tunnel
is constructed, upon completion of the work the tunnel shall be backfilled
with compacted sand; all pavement immediately after filling in such
manner as shall be authorized and required by the Borough. Permanent
pavement shall be restored not less than 30 nor more than 60 days
after the opening is made unless such time is extended by the Borough
officer appointed for such purpose or the Borough Engineer. Should
the applicant fail to do so, the deposit provided for herein or such
portion thereof as may be necessary shall be used to pay the cost
of consolidating the material used to refill the opening or to replace
the pavement or surface, and the balance, if any, shall be returned
to the applicant 12 months thereafter if the surface is then in good
condition, or as soon thereafter as the necessary repairs thereunder
are made upon presentation to the Borough of the original permit,
and the signing by the applicant of a receipt for the amount so returned.
In the event of any dispute with respect to the manner of performing
the work, the decision of the Borough Engineer is final.
The excavation and all piles of excavated material
or any materials used in the work shall be carefully guarded and lighted
by the person to whom the permit has been issued, who shall be liable
for all loss and damage caused by the prosecution of the work or failure
to properly guard or maintain the opening. Suitable warning barriers
shall be placed around all openings, and at twilight in the evening
sufficient lights shall be placed at the side to warn the public of
the operations being conducted, which lights shall be kept burning
through the night.
Nothing contained in this article shall be construed
as requiring the issuance of a permit for the performance of any opening
or excavating by the Borough or under a contract with the Borough
for the construction of sewers, drains or street improvements.
Any person which is a public utility, as defined
in N.J.S.A. 48:2-13, and which desires to obtain permits under this
article may file with the Borough Clerk a surety bond in such amount
as shall be fixed by the Mayor and Council. The bond shall be that
of a surety company authorized to transact business in New Jersey
and shall be satisfactory to the Borough Attorney in form and substance.
Such bond shall be conditioned upon compliance by such public utility
with the applicable provisions of this article with respect to each
street opening which shall be made by such public utility in the Borough,
and shall further provide that the obligation of such bond shall be
a continuing obligation to the full amount thereof with respect to
each such street opening. Whenever any public utility files such a
bond, it shall request the Borough Clerk, in writing, to issue a street
opening permit, and it shall be the duty of the Borough Clerk to issue
such permit. The amount of this bond may be increased by the Borough
Council, depending upon the number of street openings and the estimated
cost of restoring the streets.
[Amended 6-12-2001 by Ord. No. 6-2001]
Any person aggrieved by any action of the Public
Works Manager or Borough Engineer or any other Borough official in
the enforcement of this article shall have a right of appeal to the
Borough Council. The appeal shall be taken within 14 days after the
action complained of has occurred. Appeals shall be made in writing
to the Borough Council and shall set forth reasons 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.
As used in this article, the following terms
shall have the meanings indicated:
Shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
In the event that any new street is to be constructed
within the Borough, with a view of being accepted for use by the public,
the person (hereinafter referred to as the "developer") owning the
land upon which the street is to be constructed shall submit to the
Borough, before work is started, a comprehensive plan, prepared by
a licensed professional engineer or land surveyor of the State of
New Jersey, containing the information hereinafter set forth:
A.
Such map shall show the outline of the entire property
to be subdivided, the location and width of the proposed streets and
the location and width of existing connecting streets.
C.
A separate map showing plan and profiles of proposed
streets, the tentative location of necessary sanitary and storm sewers,
waterlines, curbs, catch basins, manholes and other utilities. The
horizontal scale of such map shall be one inch to 50 feet, and vertical
scale shall be one inch to five.
D.
Six copies of the profile map of street and drainage
to be submitted and cross sections if required by the Borough.
A.
The approval of any plan by the committee shall in
no way be considered as an acceptance of any street; nor shall such
approval obligate the Mayor and Council to maintain or exercise jurisdiction
over such street.
B.
Easements of a width sufficient to allow proper maintenance
shall be provided for the outletting of all drains, pipelines, etc.,
to streams, existing storm drains or other legal drainagecourses.
These easements shall be granted to the Borough by approved legal
procedures.
C.
All construction work shall be done under the supervision
of the Mayor and Council or such board or agency as Mayor and Council
shall designate by ordinance or resolution, and the developer shall
pay for the cost of inspection before acceptance.
D.
Sanitary sewers, drainage structures, water mains
and service lines shall all be installed prior to construction of
roadway pavements. Trenches which have been opened for that purpose
shall have been backfilled and thoroughly compacted.
E.
All materials and appurtenances, unless otherwise
specified herein, shall comply with the requirements set forth in
the current specifications of the Department of Transportation. Delivery
tickets for all materials used in the construction of roads shall
be turned over to a representative of the Mayor and Council for tabulation
and inspection. When, in the opinion of the Mayor and Council or such
board or agency as Mayor and Council shall designate by ordinance
or resolution, there is any question as to the quality of any material
used in the construction, such material shall be tested by an approved
testing laboratory at the expense of the developer.
F.
No street shall be approved which has a right-of-way
less than 50 feet in width.
A.
Subgrade in cuts. All topsoil shall be stripped from
the proposed roadbed for the entire width, and the subgrade then completed
shall conform to the line, grade and cross section shown on approved
plans. After the subgrade has been shaped, it shall be brought to
a firm unyielding surface by the rolling of the entire area. All soft
spongy material shall be removed from the area and replaced by broken
stone, gravel or acceptable earth. All loose rock or boulders shall
be removed or broken off six inches below the surface of the subgrade.
All stumps, logs or other material which may decompose shall be removed
in its entirety. Cuts shall be the full width of the right-of-way
slopes as shown on typical section as hereto annexed, with slope rights
where necessary.
B.
Subgrade in fills. Embankments shall be formed of
suitable material placed in successive layers of not more than 12
inches in depth for the full width of the cross section and shall
be compacted by distributing the necessary hauling uniformly over
the preceding layer and by rolling as directed above. No trees, stumps,
rubbish or other material which may decompose shall be permitted in
the fill. Fills shall be the full width of the right-of-way slopes
as shown on typical section, with slope rights where necessary.
C.
Drainage. Satisfactory provisions shall be made for
the removal of surface drainage from the streets as well as from the
abutting property, and in no case shall surface water be permitted
to run more than 1,000 feet along the street before reaching a watercourse
or inlet. The size, location and depth of storm sewers shall be approved
by the Borough Engineer.
D.
Curbs. When curbs shall be constructed on roads, all
curbs shall be set on arterial and collector streets with a minimum
distance of 32 feet between the inside faces of the curb and on minor
and marginal access streets shall be set with a minimum distance of
20 feet between the inside faces of the curb and the street shall
be paved from curb to curb. Concrete curb shall not be less than nine
inches wide at the bottom and not less than six inches wide at the
top and not less than 18 inches vertical measurement and top of curb
eight inches above pavement surface and so constructed that the back
face is vertical. Curb shall be made of portland cement concrete having
a compressive strength of not less than 2,500 pounds per square inch,
placed in rigid forms of lumber or metal set true to grade, and open
joints shall be provided at intervals of 10 feet.
E.
Width. The width of the pavement shall be as specified in Subsection D, constructed equidistant from the center line within a minimum fifty-foot right-of-way, having a parbolic surface with a ten-inch crown. The pavement shall be constructed on a prepared base as specified in Subsection A, with a ten-inch crown. The pavement shall be of Class A or B gravel, which gravel shall be in strict accordance with the New Jersey state highway standard specifications for the same.
F.
Depth. The depth of the pavement at the center line
shall be 12 inches and shall run from the twelve-inch depth to a depth
of ten inches at nine feet on either side of the center line, and
from the depth of ten inches, it shall run to a depth of eight inches
at the curbline; and all depths of the above pavement to be after
compaction.
The entire area of the pavement shall be brought
to a smooth parabolic surface, having a crown of ten inches. Immediately
thereafter the entire area of the pavement shall be treated with an
application of asphaltic oil Grade No. 1, at the rate of .05 gallon
per square yard and immediately covered with three-eighths-inch or
three-fourths-inch stone or gravel and rolled with a power roller
and opened to traffic. After the first application of the above has
had sufficient time to cure, the entire area of the pavement shall
be treated with an application of asphaltic oil, Grade R.C. 3 or 4,
at the rate of 0.3 to 0.5 gallon per yard and immediately covered
with three-eighths-inch to three-fourths-inch stone and rolled with
a power roller and opened to traffic. All materials, execution of
workmanship and manner of application for the above shall comply with
the Department of Transportation specifications.
[Amended 5-28-2002 by Ord. No. 10-2002; 6-9-2009 by Ord. No. 9-2009]
A.
Permit required.
(1)
No person, owner and/or contractor shall install a driveway or any
portion thereof without first obtaining a permit from the Borough.
(2)
No person, owner and/or contractor shall reconstruct, repair or resurface
(excluding adding stone to an existing unpaved driveway and application
of liquid sealers to an existing driveway) a driveway or portion thereof
on or within any Borough right-of-way in a manner that will increase
the area or intensity of use or change the use without first obtaining
a permit from the Borough.
B.
Application procedure.
(1)
Any person, owner and/or contractor shall, prior to obtaining a driveway
permit, file an application, on an application form supplied and approved
by the Borough, reflecting and showing the location of the driveway
relative to the premises and designate the course, grade, structure,
materials and drainage facilities, if any, involved in the construction
of the driveway.
(2)
The application shall be reviewed by the Department of Public Works
Supervisor and may be reviewed by the Borough Engineer. The Department
of Public Works Supervisor may consult with the Borough Engineer to
determine if the proposed method of constructing or making said connection,
as reflected on the application, is such that it will minimize the
adverse impact of stormwater runoff or surface drainage resulting
from said connection, not cause damage to the road to which the driveway
is to be connected and not create or increase hazardous driving conditions
for those persons using the road to which the driveway is to be connected.
If approved by the Department of Public Works Supervisor, the permit
will be issued.
(3)
If the plan is found deficient or if, in the opinion of the Department
of Public Works Supervisor or Borough Engineer, the plan could be
modified so as to minimize the adverse effect of stormwater runoff
or to lessen drainage to the public road to which the driveway is
to be connected or to lessen hazardous driving conditions on the road
to which the driveway is to be connected, the Department of Public
Works Supervisor or Borough Engineer shall, by written communication
to the owner, notify him or her of the changes to be made. The applicant
shall make such changes and return the revised plan to the Borough.
When such plan is in acceptable form, the Department of Public Works
Supervisor shall approve the plan and will issue or cause to be issued
the permit. If the applicant refuses to make such changes, the application
shall be deemed denied for the reasons set forth in the written communication,
and the date of the written communication shall be the date of the
denial of the application.
(4)
The applicant may appeal a denial of an application to a court of
competent jurisdiction.
(5)
Each driveway, whether serving the same premises or not, shall require
an individual permit.
C.
Expiration of permit. A permit issued under this section shall be
valid for 12 months from the date of issuance. The Department of Public
Works Supervisor may, at his or her discretion, grant one extension
of the permit for up to six months upon written application of the
person to whom the permit was issued prior to the expiration of the
permit. The application for extension must indicate good cause for
the failure to complete work within the twelve-month time period.
A permit shall not expire while a request for an extension is pending.
D.
Posting of permit. The permit granted under this section shall be
posted at the right-of-way line so as to be visible from the roadway.
The permit shall remain posted until final approval of the work has
been given.
E.
Design requirements.
(1)
Driveway grades for single-family residences shall not exceed 15%
at any point along their length. Driveway grades for other construction
shall not exceed 10% at any point along their length. In addition,
the driveway grade shall not exceed 8% for a distance of eight feet
from the curbline, and a vertical curve shall be provided between
the eight-percent grade and any increase in grade.
(2)
The sight distance for all driveways shall comply with the requirements
for state highways prescribed by the New Jersey Department of Transportation,
as same may be amended from time to time.
(3)
All driveways constructed or modified within a municipal street or
road right-of-way shall be constructed so as to be perpendicular to
the existing pavement or traveled way. Any curved or angular approach
of the driveway for aesthetic or topographical reasons shall be accomplished
outside of the municipal street or road right-of-way.
(4)
All driveways constructed or modified within municipal streets or
road rights-of-way shall have a minimum driving width of 10 feet with
a minimum radius of five feet on each side as they touch the municipal
paving or traveled way.
(5)
All driveways shall be constructed and maintained at all times in
such a manner as to prevent erosion of the soil from them and land
behind them. Silt must be prevented from running onto the municipal
street or road and/or filling up gutters, catch basins, inlets, drains
or culverts.
(6)
All driveways to be constructed or existing driveways to be modified
within an existing or future municipal street or road right-of-way
shall be constructed or modified in accordance with the following
minimum requirements:
(a)
All driveways shall be constructed or altered so as to slope
from the street or road right-of-way toward the edge of the existing
shoulder or traveled way in accordance with the following schedule:
[1]
For street or road right-of-way widths greater than 50 feet,
the driveway shall be constructed or modified so that at the point
of intersection of the street or road right-of-way line and the center
line of the driveway the finished grade of the driveway shall be no
more than six inches (this may vary with local conditions) higher
than the center-line elevation of the existing pavement or traveled
way.
[2]
For street or road right-of-way widths of 50 feet or less, the
driveway shall be constructed or modified so that at the point of
intersection of the street or road right-of-way line and the center
line of the driveway the finished grade of the driveway shall be no
more than three inches (this may vary with local conditions) higher
than the center-line elevation of the existing pavement or traveled
way.
(7)
All driveways shall be constructed so as not to concentrate, transport
or serve as a drainageway for stormwater runoff from roofs and/or
adjacent land surfaces to the road drainage system.
(8)
All driveways within the municipal street or road right-of-way shall
be constructed or altered in such a manner as not to interfere with
the drainage along the existing pavement or traveled way. Under no
circumstances shall the driveway be allowed to extend beyond the edge
of the existing pavement and traveled way, thereby creating a hump
or uneven driving surface on the pavement or traveled way.
(a)
The construction of a properly sized dish-type gutter will be
permitted, provided that the existing municipal water flow will not
be blocked, altered or changed in any manner unless otherwise approved
by the Borough Engineer.
(b)
The installation of suitable-size concrete pipes or culverts
will be required in the event that the existing flow line or ditch
cannot be crossed with a dish-type gutter. The size of the pipe or
culvert required shall be determined by the Borough Engineer. Where
the construction of any driveway involves the breaking of existing
curbing, the break in the curbing shall be restored at the borders
of the driveway.
(9)
All driveways constructed or altered within municipal streets or
road rights-of-way shall be constructed of the following materials:
(a)
Driveways entering unpaved roads: four inches compacted thickness
of quarry process Type 5A stone thoroughly rolled and compacted at
the specified width.
(c)
All materials shall comply with the New Jersey State Highway
Specifications for Road and Bridge Construction, 1961 Edition, and
all amendments and revisions thereto.
(10)
As part of the construction of all driveways, the owner shall
provide a bituminous paving extending for a minimum distance of 10
feet from the edge of the roadway to the owner's property. The paving
shall consist of a bituminous eight-inch stone base course and a two-and-one-half-inch
bituminous course or equal paving approved by the Borough.
(11)
The provisions of this article relating to driveways are intended
as a minimum standard for the protection of public health, safety
and welfare. If the literal compliance with any mandatory provision
of this article relating to driveways is shown by the applicant, to
the satisfaction of the Borough, to be unreasonable or to cause undue
hardship as it applies to a particular property or if the applicant
shows that an alternative proposal will allow for equal or better
results, the Borough may grant a waiver from such mandatory provisions
so that substantial justice may be done and the public interest secured
while permitting the reasonable utilization of the property. However,
the granting of a waiver shall not have the effect of making null
and void the intent and purpose of this article. In granting waivers,
the Borough may impose such conditions as will, in its judgment, secure
substantially the objectives of the standards and requirements of
this article.
(12)
By applying for and receiving a permit pursuant to this section,
the owner agrees to maintain any pipes and/or culverts in good condition
free of debris and siltation.
(13)
By applying for and receiving a permit pursuant to this section,
the owner agrees to relocate and/or replace the pipe if at some future
date the Borough improves or widens the public road requiring such
relocation and/or replacement.
F.
Fees and escrow. The application fee and escrow shall be as provided for in the amount established by the Borough's Fee Ordinance, Chapter 119, and shall be paid at the time the application is filed with the Borough. The escrow shall be used to cover the cost of the Borough's professionals, including the Borough Engineer, in reviewing any issues concerning the proposed construction.
G.
Liability. The grant of a permit under this section shall not constitute
a representation, guaranty or warranty of any kind by the Borough
or by any official or employee thereof of the practicability or safety
of the proposed driveway and shall create no liability upon the Borough
or its officials or employees.
H.
Construction.
(1)
All construction in any way incidental to the installation of the
driveway or for the repair of a driveway for which a permit is required
under this section shall be performed in strict conformance with the
approved plans. After the proposed driveway has been stoned in but
before the driveway has received final surfacing, the person to whom
the permit has been issued shall notify the Department of Public Works
Supervisor. The driveway shall not be final surfaced until the stoned-in
area has been inspected and approved by the Department of Public Works
Supervisor or his or her designated representative. In the event that
the owner and/or contractor fail to notify the Department of Public
Works Supervisor prior to placing the final surface, the Borough may
direct the owner and/or contractor to remove the final surface in
order that the inspection may be completed. Such removal shall be
at no expense to the Borough. After the driveway has received final
surfacing, the person to whom the permit has been issued shall notify
the Department of Public Works Supervisor.
(2)
The contractor shall utilize procedures and/or traffic control devices
as necessary for the maintenance and protection of traffic and pedestrians.
I.
Notice to correct improper installations. Any person who shall construct
a driveway or cause any such driveway to be opened onto or lead to
a road owned by or to be dedicated to Borough in violation of the
requirements of this section may be ordered by the Borough to remove
the improper work and replace the same in compliance with the provisions
of this section. Notice to remove and replace the improper work shall
be given to the person, firm or corporation by certified mail, return
receipt requested, which said notice shall require the person, firm
or corporation to correct the deficiencies within 14 days of receipt
of the notice of the violation. If the person, firm or corporation
shall fail or refuse to accept notice, then the Borough shall have
the right to send notice to the last owner of record by ordinary mail
advising said owner that he shall have 14 days within which time to
correct the violations. Upon noncompliance with the notice received
from the Borough, the Borough may do or cause the necessary repairs
to be done and levy the costs of such work on the owner and may cause
a lien to be filed of record against the property and collect the
same in any manner provided by law.
J.
Driveway or highway access permit. The provisions contained in this
section are in addition to any state or county requirements for access
to state or county roadways and, as such, an applicant shall be required
to comply with such state or county requirements, as appropriate.
Before the acceptance of any road or street
by the Borough, an affidavit shall be made by the developer certifying
that all the costs incurred in the construction have been paid.
