[Derived from Ch. XI, Secs. 11-1 and 11-4,
of the 1978 Code]
Unless otherwise provided by ordinance, any
street constructed within the Borough shall conform to the standards
and specifications set out in this article.
A.
Three-fifths of the entire width of the street shall
be roadway, to be available for use by vehicles.
B.
Unless a different location is authorized by the Borough
Engineer and/or Director of Public Works, the roadway shall be in
the center of the street.
C.
There shall be curbs on each edge of the roadway and
a sidewalk on each side of the street.
D.
Such street shall be open, graded and finished as
hereinafter provided.
E.
The location, layout and design of such street shall
be approved by the Planning Board.
The side line of all streets (and the center
line where required by the Borough Engineer and/or Director of Public
Works) shall be marked by monuments at the beginning and end and at
all angles, curves and points of intersection, with each such monument
to conform to the following requirements:
A.
The monument shall be not less than 36 inches in length,
not less than five inches square at the top and not less than six
inches square at the bottom;
B.
The point of the monument shall be marked on a copper,
brass or stainless steel rod embedded in the monument; and
C.
The monument shall be set in concrete under the supervision
of the Borough Engineer or Director of Public Works.
No person shall remove, deface or change the
horizontal or vertical location of, or otherwise disturb, any monument
erected for the purpose of designating the boundary or grade of any
street, public place or private property or any point established
with horizontal or vertical controls.
The roadway area of the street shall be paved
for its entire width from curb to curb, such paving to be not less
than nine inches thick (two-inch bituminous concrete wearing surface
course, three-inch bituminous concrete intermediate course and four-inch
stabilized base) and to conform to specifications on file in the office
of the Director of Public Works.
A.
No street, highway or public way shall be improved
by any person, firm or corporation until permission shall have been
granted by resolution of the Borough Council upon formal application
in writing as herein provided, accompanied by three complete sets
of plans, maps, profiles and specifications for the project. It shall
be within the discretion of the Borough Council to refuse permission
to improve any street, highway or public way unless the same is proposed
to be fully improved by grading, the construction of sanitary sewer
mains and laterals, storm sewers and catch basins, gas and water mains
and laterals, curbs, sidewalks and pavement therein.
B.
The plans, maps, profiles and specifications shall
be referred to the Borough Engineer and Director of Public Works,
who shall submit their reports and recommendations to the Borough
Council before approval is granted. All construction work shall be
done under the general supervision of the Borough Engineer, and the
applicant shall agree to pay his supervision and inspection fees.
C.
In the construction of new streets, the applicant
shall, as a part of the improvement, install and pay for street name
signs at such places as may be designated by the Borough Engineer
and/or Director of Public Works and shall likewise plant shade trees
in the sidewalk area one foot inside of the street line.
D.
The maps, plans and specifications shall indicate
surface contours of the surrounding land and shall make proper provision
for the drainage and runoff of rainfall and surface waters from such
lands and streets, indicating the place where the same will be eventually
deposited or discharged. No permit shall be issued for the improvement
of any street unless and until adequate provisions are indicated on
the map or plans for the proper drainage thereof and disposition of
surface water therefrom.
The applicant shall, prior to the issuance of
a permit, enter into an agreement with the Borough, prepared by the
Borough Attorney, setting forth the applicant's entire undertaking
in connection with the improvement. All legal charges in connection
with the preparation of the agreement and the approval of the bond
shall be paid by the applicant. The provisions of the agreement shall
be substantially as follows:
A.
That the applicant shall agree to construct the required
improvements in the street or streets.
B.
That the applicant shall furnish a bond of a surety
company authorized to do business in the State of New Jersey in an
amount determined by the Mayor and Council, based on the recommendation
of the Borough Engineer and/or Director of Public Works, and approved
by the Borough Attorney, to insure the installation of the improvements
and the performance of the agreement.
C.
That all work shall be done in competent and workmanlike
manner within a specified period of time.
D.
That the applicant shall agree to comply with the
ordinances of the Borough of Fort Lee and the laws of the State of
New Jersey in the performance of the work and also shall agree to
insure against liability for injury or death by accident to third
parties and/or to his employees employed upon the work herein provided
for as required by the laws of the State of New Jersey.
E.
That the applicant shall agree to maintain the improvement
for a period of one year after completion and acceptance thereof by
the Borough and to repair or rectify all defects, sinking, wear and
tear, washouts or any other condition detrimental to such streets
during that period.
F.
That no speed bumps or vertical barrier be installed.
G.
That the applicant where deemed necessary shall submit
for approval a detour plan, including all signage in compliance with
uniform traffic control devices. Said detour plan shall be reviewed
and approved by the Chief of Police. When said detour plan is implemented
the applicant shall provide and install all traffic control devices.
No street shall be deemed accepted by the Borough
until it has been completely and fully improved as provided for herein
and accepted by ordinance.
A.
Whenever the owner or owners of lands within the Borough
shall lay out any street, road, avenue or other public place on said
land, the owner or owners of more than 1/2 of the linear feet fronting
on said street, road, avenue or other public place or part thereof
may petition the Borough Council to accept such street, roadway, avenue
or public place as the public highway.
B.
Such petition shall be accompanied by a map showing
the width and length of the street, road, avenue or other public place,
with the names of the owners and frontage owned by them respectively
marked thereon, and such map shall also show the grades of said street
or the rise or descent marked thereon every 50 feet for the entire
length of such street, road, avenue or public place.
C.
The map covering the plan of the street or streets
to be accepted shall be submitted on imperial tracing cloth or reproducible
Mylar, and the scale thereon shall be one inch to equal 100 feet.
The profile shall also be submitted in imperial tracing cloth or reproducible
Mylar.
D.
The Borough Engineer and Director of Public Works
shall make a final inspection of completed streets immediately upon
being notified by the developer of their completion and report their
findings in writing to the Mayor and Council.
E.
The street or roadway shall be open to the motoring
public without restriction.
F.
The approval of the construction shall be by resolution
of the Mayor and Council.
G.
After approval as above set forth the developer shall
deposit with the Borough an amount sufficient to defray the costs
of drawing, publishing and recording of the ordinance accepting the
street or improvement.
H.
The Mayor and Council shall, upon being satisfied
that all of the prerequisites herein provided have been met, introduce
an acceptance ordinance.
I.
The passage of an acceptance ordinance shall not in
any way be deemed to release the developer from any of the provisions
of his contract or from the obligations of his bonds.
The provisions of this article shall not apply
to any general improvement work undertaken by the Borough itself.
[Amended 5-23-2002 by Ord. No. 2002-20; 3-23-2006 by Ord. No. 2006-16]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
to exceed $2,000 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
