[Ord. No. 6-27-78 § 2; Ord. No. O-05-06]
No person shall throw, put, place or cause to be thrown, put
or placed, into, upon or within any public street or public place
within the Borough any article or material whatsoever whereby the
safe, free and unobstructed use of the same by the public may be anyway
impeded or interfered with, or shall put, deposit or leave any paper,
advertising matter, circulars, rubbish, refuse or other material in
or upon any of the public streets or public places within the Borough
provided, however, that cans or other suitable receptacles containing
garbage or refuse may be placed upon such portion of the public right
of way of any street in such manner as not to obstruct pedestrian
or vehicular traffic and provided further that such cans or receptacles
may be placed upon that portion of the right-of-way designated therefor
only upon days or evenings prior to the days when the Borough Sanitation
Department collects garbage and trash in that area and that such cans
and receptacles shall be removed completely from the public right-of-way
within six hours after garbage and trash collection is made. Refuse
and recycling containers shall be no larger than forty-five gallon
containers. Any container that does not conform to the provisions
of this section shall not be utilized. The collector shall have the
authority to refuse collection for failure to comply herewith.
[Ord. No. 6-27-78 § 3]
No person in the performance of his customary work shall encumber
or obstruct any public street or public place within the Borough with
any article or material whatsoever unless such encumbrance or obstruction
is authorized by a written permit issued by the Borough Clerk as hereinafter
provided.
[Ord. No. O-06-2016]
a.
It shall be unlawful for any person, partnership, business, corporation, public utility, authority or any other entity to cut into, excavate, open, tunnel, undermine, occupy, deposit materials or disturb in any manner, any of the streets, roads, sidewalks, curbs, public easements or any portion of the right-of-way of the Borough for any purpose without first making written application to the Borough Clerk and obtaining a permit from the Borough Clerk consistent with the requirements of this section. Before the issuance of the permit, the applicant shall have filed with the Clerk a restoration/reconstruction bond or guaranty for performance approved by the Borough Engineer as to the amount and the Borough Attorney as to the form of same, signed by the applicant and guarantor and conditioned upon compliance with this section. The bond shall ensure the restoration of any disturbed area in accordance with Subsection 20-2.7 of these regulations.
[Ord. No. O-06-2016]
a.
Applicant shall submit a written application for the issuance of
such permit to the Borough Clerk, signed by the person making the
application or by a duly authorized agent, and containing the following
information:
1.
Name, address and telephone number, and e-mail of the person or entity
for whom the work is to be performed.
2.
Location of the work area, including a map or sketch for projects
of 200 square feet or less.
3.
Plans prepared by a licensed professional engineer in the State of
New Jersey showing existing roadway elevations, existing utilities,
proposed utilities, profiles, cross sections, proposed roadway grades,
and construction details.
4.
A written outline or plan describing the work to be performed including
a description of proposed materials, chosen utility locations, any
anticipated conflicts, impacts to residents or businesses and need
for the opening.
5.
Number of square feet of surface to be opened for non-linear openings
and total length of openings for linear projects.
6.
Cubic content of material to be excavated.
7.
Type of surface to be removed or disturbed.
8.
Cubic content of material to be borrowed or imported.
9.
Approximate date and time of commencement and estimated date of completion
with an agreement by the applicant to refill or resurface the opening
or excavation so that the street surface shall be restored to the
same condition, or better, in which it was before.
10.
The types of proposed traffic control devices and procedures to be
utilized for the project, which devices and procedures shall be in
conformity with the guidelines set forth in the Manual of Uniform
Traffic Control Devices, current edition, hereinafter called the "MUTCD."
The names and telephone numbers of at least two persons responsible
on a twenty-four-hour call basis to handle emergency repairs for the
contractor.
11.
Proof that all applicable local, County, regional, State and Federal
approvals/permits required to perform the work have been received.
b.
The Borough Engineer shall review the application for a Road Opening
Permit and make a determination of completeness within 30 days of
submission. An application will be deemed complete when the information
required by this section, inclusive of the nonrefundable permit application
fee, have been received by the Borough and approved for administrative
completeness by the Borough Engineer. In the event an application
is deemed incomplete, the permit will be considered denied. If resubmitted
within 90 days, all previously paid fees will be credited. In no case
shall a permit be issued without compliance with this section.
c.
Within 30 days of the Borough Engineer's determination that the application
is complete, the Borough Engineer shall review submitted materials
for technical compliance with these regulations and shall advise the
Borough Clerk, who will issue a permit with conditions deemed to be
reasonably necessary to carry out the purposes of this section, (i.e.
a conditional permit subject to submission of further documents specifically
required by this section) or decline to issue a permit consistent
with the requirements of this section.
[Ord. No. O-06-2016]
An applicant shall furnish to the Borough proof, in writing
to the Borough Clerk, that the applicant has in force, and will maintain
in force during the performance of the proposed permit activities,
liability insurance, naming the Borough of Monmouth Beach, its agents,
employees and servants, as an additional insured. The insurance provided
shall be in an amount not less than $300,000 for any one person, and
$1,000,000 for any one accident, and shall include property damage
insurance of not less than $100,000, duly issued by an insurance company
authorized to do business in this State. All insurance shall provide
that written notice of cancellation must be given to the Borough at
least 30 days prior to effective cancellation date.
[Ord. No. O-06-2016]
a.
For each road opening permit, the applicant shall pay to the Clerk
an application fee as follows:
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Application Fee Schedule
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|---|---|---|---|
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Type of Opening
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Required Application Fee
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Minor Openings (up to 200 S.F.)
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$250
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Major Linear Openings (Length/Width > 3.0)
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$250 plus
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•
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$5 L.F. for the first 500 feet
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•
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$4 L.F. for the next 500 feet
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•
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$3 L.F. for the next 500 feet
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•
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$2 L.F. for the next 1,500 feet
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•
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$1 L.F. for all additional length
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Major Non-Linear Openings (Length/Width < 3.0)
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$250 plus
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•
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$3 S.F. for the first 300 S.F.
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•
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$2 S.F. for the next 200 S.F.
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•
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$1 S.F. for all additional area
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b.
For each road opening permit, the applicant shall pay to the Clerk
an inspection fee as follows:
|
Inspection Fee Schedule
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|---|---|---|---|
|
Type of Opening
|
Required Application Fee
| ||
|
Minor Openings (up to 200 S.F.)
|
$300
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|
Major Linear Openings (Length/Width > 3.0)
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$300 plus
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|
•
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$8 L.F. for the first 1,000 feet
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|
•
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$5 L.F. for all additional length
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Major Non-Linear Openings (Length/Width < 3.0)
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$300 plus
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•
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$5 S.F. for the first 500 S.F.
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|
•
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$3 S.F. for all additional area
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c.
_____
1.
For road opening permits of 200 square feet or less, the applicant
must furnish to the Borough a cash deposit or surety bond (restoration)
to guarantee that the opening made by the applicant will be properly
restored. The bond amount shall be $20 per square foot. A minimum
performance guarantee of $500 shall be required.
2.
In the case of openings more than 200 square feet, the applicant must furnish to the Borough a cash deposit or surety bond (restoration bond) to guarantee that the opening made by the applicant will be properly restored as required by Subsection 20-2.7. The amount of the restoration/reconstruction bond shall be calculated by the Borough Engineer consistent with the same procedure as outlined in N.J.S.A. 40:55D-1 et seq. for posting of performance bonds.
3.
In addition, for road openings of more than 200 square feet, upon
completion of the work in a satisfactory manner, the restoration/reconstruction
bond or cash deposit shall be released in return for a maintenance
bond or cash guarantee that the road, street, or highway over the
same will remain in good condition for two years after the closing
by the applicant. The minimum amount of each maintenance bond shall
be 25% of the amount of the cash or surety bond, but shall not be
less than $500.
4.
In lieu of a performance bond per job, any utility regulated by the BPU or any contractor expecting to request multiple permits per year, may post a blanket performance guarantee in the minimum sum of $10,000 with the Borough on an annual basis. Ninety percent may be by surety pursuant to Subsection 20-2.1 and this section and 10% by cash or certified check. In the event the Borough Engineer determines that the cost of proper restoration of the area disturbed and pavement surface will exceed the amount of the blanket performance guarantee, an additional performance guarantee for that particular job, in an amount to be determined by the Borough Engineer, shall be posted by the permittee prior to the issuance of any permit(s).
[Ord. No. O-06-2016]
If an applicant fails to restore any street, highway or road
to its original condition as required by this section, the Borough
shall provide applicant with notice and reasonable opportunity to
cure. In the event an applicant refuses to cure, the Borough may perform
the restoration work on its own and proceed against the applicant,
person, corporation or entities or others to recover any damages or
costs of monies, including attorneys fees, the Borough may have lost
or sustained or incurred and further, at its option, the Borough may
file suit or take action to pursue its remedies according to law or
equity and take action on the bond and guaranties that may be filed
with the Borough Clerk as herein provided.
[Ord. No. O-06-2016]
Any person excavating, opening, or in any manner using any of
the streets of the Borough for any purpose whatsoever under a permit
herein shall place upon same and any earth, dirt, building material,
appliances or equipment in the area immediately proximate as well
as upon the excavation or opening suitable and sufficient signs, lights
and warnings that shall be kept and maintained during the time of
such excavation or occupation or use of the streets as covered by
this section and as set forth aforesaid in accordance with the MUTCD
(Manual on Uniform Traffic Control Devices), latest edition. Same
shall be the sole responsibility of the applicant and its successors
or assigns and failure to comply may result in forfeiture of the guaranty
posted in the discretion of the Borough Committee and further the
Borough or public entities or law enforcement authority seeking damages,
fines or penalties with respect to same under this or other regulations
or laws.
[Ord. No. O-06-2016; amended 6-23-2020 by Ord. No. O-06-20]
Unless authorized by the Department of Public Works, all excavations
shall require milling and restoration of the excavation work area
extending from curb to curb, or edge of pavement to edge of pavement,
to encompass the entire road width.
a.
Once the excavation work area has been properly saw cut and the backfill
tamped and compacted, the permittee shall install no less than six
inches of hot mix asphalt (HMA) material base course to the trench
surface. If the distance from the edge of the excavation work area
to the existing curb is less than two feet, the permittee shall be
required to excavate to the curb and evenly install six inches of
hot mix asphalt (HMA) material base course in the entire area.
b.
The partially restored pavement shall be allowed to settle for no
less than 90 days and no more than 180 days. If at any time during
the settlement period the trench becomes unacceptable as determined
by the Director of Public Works or Traffic Safety Officer, the permittee
shall be notified of the condition requiring repair, and such repair
shall be performed by the permittee within 24 hours of such notification
by the Director of Public Works or Traffic Safety Officer. If the
repair is not made in the time specified, the Borough may make the
repair, and any cost thereof will be charged against the permittee's
cash repair deposit and/or maintenance bond. At the end of the period
of time of settlement required by the Department of Public Works,
an inspection shall be performed by the Department.
c.
At the time set forth in Subsection b above, the permittee shall
be required to mill the excavation work area surface as specified
and install no less than two inches of hot mix asphalt (HMA) material
surface course. The permittee shall also be required to provide a
tack coat on all existing bituminous and concrete surfaces and a hot-poured,
rubber asphalt joint sealer (per Section 914 of NJDOT Standard Specifications
for Roads and Bridges 2017). As an alternative to the provisions in
this subsection, but only if the Director of Public Works deems it
acceptable, the permittee may utilize infrared treatment as the final
restoration of the pavement.
d.
Unless otherwise authorized by the Department of Public Works, all
excavations shall require milling and restoration of the excavation
work area extending from the curb to WRB (or edge of pavement) of
the road. If the excavation work area will be within 200 feet or more
of a previous excavation made within one year (by the same permittee
along the same side of the road), the permittee shall be required
to mill and restore curb to curb.
e.
The pavement restoration shall extend 10 feet past the limits of
the trench excavation in each direction.
f.
If the excavation extends beyond a curbline of any intersecting street,
the restoration shall extend through the entire intersection to the
opposite curbline.
g.
The permittee shall be required to satisfactorily replace any facilities,
including, but not limited to, curb, pavement, sidewalk, line striping,
etc., that are affected by the excavation and restoration work, at
the permittee's expense. Such work shall be performed according
to Borough standards.
h.
Traffic striping shall be replaced in kind.
a.
When the final pavement restoration is approved, as required in § 20-2.7.1 above, the Department of Public Works shall notify the Borough Clerk, in writing, that he/she may release the cash repair deposit or performance guarantee posted by the permittee at the onset of the project, subject to the retainage requested hereinbelow. Such release shall be subject to the permittee agreeing to maintain the restored excavation work area for a period of two years from the date of final approval of the work and posting a maintenance bond to guarantee the same. The permittee shall also agree to satisfactorily repair any adjacent structures, including, but not limited to, curb, pavement and sidewalk, that are damaged as a result of any excavation work area settlement during this period of time. In furtherance of these agreements, the Borough Clerk shall retain as a cash retainage 50% of the cash repair deposit and/or performance guaranty during the two-year maintenance period.
b.
If an inspection reveals that the restored excavation work area beocmes
unaceptable, the Department of Public Works shall notify the permittee
that he must repair the area in accordance with the aforementioned
procedure within 30 days from the date of notification or sooner if
safety on public conveyances in involved. If the permitteee fails
to repair the trench within this time, the Department of Public Works
shall notify the Borough Clerk, and he/she shall allow the Borough
to utilize the permittee's cash retainage and maintenance bond
to pay for the cost of repairing the excavation work area. If the
restoration costs exceeds the maintenance bond, the permittee shall
be liable for said additional costs.
c.
Upon termination of the two-year maintenance period, any remaining
portion of said maintenance bond that has not been expended shall
be returned to the permittee without interest.
d.
The permittee may be required to place a temporary surface over opening
made in paved traffic lanes. Except when the permanent replacement
pavement is to be replaced before the opening of the cut to traffic,
the fill above the bottom of the existing pavement shall be tamped
into place, properly graded and topped with a minimum of two inches
of bituminous patch material which is suitable to maintain the opening
in good condition until permanent restoration can be made. The crown
of the temporary restoration shall not exceed one inch above the adjoining
pavement. The permittee shall exercise special care in making such
temporary restorations and must maintain such restorations in safe
travelling condition until such time as permanent restorations are
made. If, in the judgment of the Director of Public Works, it is not
expedient to replace the pavement over any cut or excavation made
in the street upon completion of the work allowed under such permit
by reason of the looseness of the earth or weather conditions or any
other reason, he may direct the permittee to lay a temporary pavement
of steel plate or other suitable material designated by him over such
cut or excavation, to remain until such time as the repair of the
original pavement may be properly made.
e.
Acceptance or approval of any excavation work by the Department of
Public Works shall not prevent the Borough from asserting a claim
against the permittee and his or its surety under the surety bond
required hereunder fro incomplete or defective work if discovered
within 24 months from the completion of the excavation work. The presence
of a representative of the Department of Public Works or the Borough
Engineer during the performance of any excavation work shall not relieve
the permittee of its responsibilities hereunder.
f.
The applicant and its agent shall completely backfill the excavation
and replace as great a portion as possible of the material excavated,
compacting it by flushing, tamping or other suitable means, and supply
additional material where there is a deficiency. Whenever the Borough
Engineer shall deem the material unsatisfactory for backfill, the
applicant shall backfill the trench with sand, or other acceptable
material compressed as required, and shall remove all excess material
from the premises. If tamping alone is employed, the material shall
be placed in layers not exceeding six inches in thickness, moistened
as directed, and each layer adequately tamped until thoroughly compacted.
g.
As the excavation work progresses, all streets shall be thoroughly
cleaned of all rubbish, excess earth, rock and other debris resulting
from such work. All cleanup operations at the location of such excavation
shall be accomplished at the expense of the applicant and shall be
completed to the satisfaction of the Superintendent of Public Works
at the end of each working day. From time to time, as may be ordered
by the Superintendent of Public Works, and in any event immediately
after completion of the work, the applicant shall, at its own expense,
clean up and remove all refuse and unused materials of any kind resulting
from the work, and upon failure to do so within 24 hours after having
been notified to do so by the Superintendent of Public Works, the
work may be done by the Superintendent of Public Works and the cost
thereof charged to the applicant. The applicant shall also be liable
for the cost thereof under the surety provided hereunder.
h.
In the case of an opening or trench in the earth shoulder, the applicant
shall restore the top four inches of the trench or opening with material
capable of supporting the growth of grass and shall fertilize and
seed the surface with grass seed in accordance with NJDOT and SESC
specifications using a seed mixture approved by the Borough Engineer.
i.
Whenever an opening is made in a pavement that has a concrete base,
the pavement shall be cut out 18 inches wider than the width of the
trench; that is to say, nine inches wider on each side thereof and
the edge of the old concrete shall be beveled so as to make the concrete
four inches wider at the top than at the bottom. The new concrete
pavement or foundation shall be made three inches thicker than the
original concrete and shall be reinforced with three-eighths-inch
round reinforcing steel rods spaced six inches on center or equivalent
thereof.
j.
All pavement openings for which any permit is granted shall be backfilled
and plated at the end of each working day and replaced by the applicant
by a temporary pavement of a hot mix asphalt, mix HMA 12.5M64 at a
minimum at the end of each work week. Temporary pavement thickness
shall be a minimum of three inches. Permanent pavement is to be restored
by the applicant no less than 30 days nor more than 90 days after
completion of the project, unless this time is extended by the Borough
Engineer, depending on road and weather conditions.
k.
The applicant shall be responsible to replace any traffic markings
in accordance with current NJDOT specifications and in accordance
with the current MUTCD. Temporary pavement markings shall be required
as part of temporary pavement installation in accordance with current
NJDOT specifications.
l.
No person shall open a roadway for a greater distance than 500 feet
per work zone at one time without written approval from the Borough.
m.
Traverse openings involving the full width of the highway shall be
for no longer than one day and such openings shall be in a manner
that results in only 1/2 of the roadway being excavated at any one
time and with adequate provision for the use of the street by the
traveling public and appropriate warnings and signing in accordance
with the MUTCD, latest edition, unless a detour plan has been approved.
n.
In the event of a snow or ice storm, the applicant will be required
to take whatever steps the Superintendent of Public Works deem necessary
to secure the traveled way for snow removal operations. When the contractor
is advised that snow removal operations will commence on a day or
time certain, all work on the shoulders and traveled way shall stop
and they shall be cleared of all dirt, etc., and then backfilled so
as not to interfere with Borough snow operations until the weather
permits resumption of work.
p.
The applicant shall maintain safe crossings for two lanes of traffic
at all intersections where possible, and safe crossings for pedestrians
and bicyclists at intervals not more than 300 feet.
q.
No work may commence before mark-out by the appropriate agencies.
Right-of-way or property monuments and/or markers, traffic control
devices and other public entity-maintained devices in the right-of-way
shall not be removed or disturbed unless permission to do so is first
obtained in writing by the Borough Engineer and property owner as
applicable.
r.
No person shall divert or pump service or other waters onto or across
the Borough roads or do any act upon property abutting Borough that
will cause damage or create an unsafe condition.
s.
The applicant shall not interfere with any existing utility without
the consent of the utility owner and shall provide proof of such consent
prior to construction in the area of the existing utility. The applicant
shall not be authorized to use Borough rights-of-way or Borough-owned
lands for storage without the written consent of the Borough. Additional
bonding may be required to protect areas authorized for staging and
storage of materials.
[Ord. No. O-06-2016]
a.
The excavation and all piles of excavated materials or any material
used in the work to be performed in the opening for which a permit
is issued shall be carefully guarded and lighted by the applicant,
who shall be liable for damages caused in the prosecution of the work
or failure to properly guard or maintain the same.
b.
Traffic directors and/or Police Officers shall be provided by the
applicant or traffic control is required by the Chief of Police or
his designee. The applicant shall pay all costs associated with the
use of Monmouth Beach Police personnel, if they are required, or the
required traffic directors.
c.
The Borough Council hereby finds and declares that problems of traffic
control occur when traffic must be moved through or around road or
street construction, maintenance operations and utility work above
or below ground which requires blocking the roadway and obstructions
are or can become dangerous when not properly controlled. In order
to better promote the public health, safety, peace and welfare, it
is necessary to establish controls and regulations directed to the
safe and expeditious movement of traffic through construction and
maintenance zones and to provide safety for the work forces performing
these operations.
d.
The Borough of Monmouth Beach in the County of Monmouth, State of
New Jersey, does hereby adopt the current manual on Uniform Traffic
Control Devices, latest Edition, hereafter known as "MUTCD," except
as hereby supplemented and amended, as it controls and regulates whenever
construction, maintenance operations or utility work obstructs the
normal flow of traffic. Any person, contractor or utility who fails
to comply with the provisions of MUTCD while performing such work
is in violation of this section.
e.
Preconstruction meetings. It shall be the responsibility of the person,
contractor or in the case of a public utility as required under the
Public Utility Agreement, Section 16:25-9.2, wishing to conduct work
on, under or above the roadway to contact the Chief of Police and/or
his Traffic Bureau designee, hereafter referred to as the "Monmouth
Beach Police Department," in order to arrange a preconstruction meeting
and to submit a copy of the construction/permit plans, as well as
plans for the safe movement of traffic, during such period of construction
of work. Any person, contractor or utility who fails to comply with
this section prior to the start of such work or whose traffic control
plan(s) are not approved by the Monmouth Beach Police Department is
in violation of this section.
f.
Emergency contact phone numbers. The person, contractor or utility
shall provide the Monmouth Beach Police Department with at least two
emergency contact phone numbers to be called in case of emergency
problems at the construction or maintenance site prior to the start
of any work. If for any reason emergency contacts cannot be reached
or if the emergency contact person does not respond to a call from
the Police Department to correct a hazardous condition, the Borough
may respond to correct such hazardous condition. The reasonable fees
for such emergency services by the Borough shall be charged to the
person, contractor or utility responsible for such condition.
g.
Safety specifications.
1.
All work shall be done in such a manner as to cause a minimum of
interference with traffic. There shall be no construction, maintenance
operations or utility work on any roadway in the Borough before the
hours of 7:00 a.m. or after 9:00 p.m. This time limit may be adjusted
to permit work prior to 7:00 a.m. or after 9:00 p.m. by the Monmouth
Beach Police Department.
2.
All excavations shall be kept properly barricaded at all times and
during the hours of darkness shall be provided with proper warning
lights and/or barrels and/or devices required by the Monmouth Beach
Police Department. This regulation shall not excuse the permittee
from taking any other precaution reasonably necessary for the protection
of persons or property.
h.
Road closings and/or traffic detours shall not be permitted unless
approved by the Monmouth Beach Police Department. A 24-hour minimum
advance notice is required.
i.
Uniformed traffic control officers, or traffic directors, approved
by Monmouth Beach Police Department, shall be posted at all construction
or maintenance sites when determined by the Police Department that
the same is necessary to provide for the safe and expeditious movement
of traffic.
j.
The Monmouth Beach Police Department shall have the authority to
order work stopped, including the removal of equipment and vehicles,
stored material within the street right-of-way, backfilling of open
excavations and/or related work, in order to abate any nuisance and/or
safety hazard or for any violation of this section.
k.
Traffic control devices and materials.
1.
The contractor shall present to the Monmouth Beach Police Department
Traffic Safety Officer all traffic control devices and materials necessary
to execute proper maintenance and protection of traffic operations
for the project. The number and type of traffic control devices deemed
necessary shall also be reviewed by the Police Department Traffic
Safety Officer. The contractor shall have all traffic control devices
and materials present for examination at least five working days prior
to the start of work.
2.
All traffic control devices supplied for municipal capital projects
are to be in good condition, acceptable to the Monmouth Beach Police
Department. Traffic devices damaged under the work contract as a result
of carelessness or mishandling by the contractor, i.e. running over
cones or barrels with their equipment or splashing tar on traffic
control devices, etc., shall be replaced by the contractor within
two working days.
3.
The Monmouth Beach Police Department reserves the right to reject
any traffic control device which in its sole opinion does not satisfy
the criteria of MUTCD specifications, is damaged or otherwise incapable
of providing the function for which it was intended. The contractor
shall replace the deficient traffic control devices and all materials
within two working days of notification by the Police Department Traffic
Safety Officer. Upon completion of a municipal contract project, all
traffic control devices and materials become the property of the Borough
of Monmouth Beach.
[Ord. No. O-06-2016]
a.
The applicant, in accepting a permit under this section, shall be
deemed to have agreed to be liable for, and to indemnify and save
harmless the Borough from and against, any and all loss or costs or
damages incurred by reason of any damage to any property, injury to
any person or any loss of life resulting from its negligence or the
negligence of its agents, employees, or subcontractors in undertaking
or performing the work covered by the permit, or in failing to properly
guard or maintain the opening or excavated material, equipment, or
materials to be incorporated in the work.
b.
No permit will be approved for openings scheduled during the period
from Memorial Day through Labor Day, except in cases of emergency.
The Borough Engineer may issue a permit during the above time period
upon an affirmative showing by the applicant that the scope of work
and weather will allow the work to be completed in a manner consistent
with the intent of these regulations, or when deemed necessary by
the Borough Committee.
c.
Construction equipment shall not be positioned or stored on any street
or right- of-way after working hours unless approved by the Superintendent
of Public Works and Borough Engineer.
d.
Applicant shall provide a traffic control plan that complies with
the current edition of the MUTCD.
e.
Applicant shall notify the Monmouth Beach Borough Office of Emergency
Management and Borough Clerk 48-hours prior to any work and shall
provide updates to the work schedule as applicable.
f.
Construction shall only be permitted between the hours 7:00 a.m.
and 9:00 p.m. Monday through Friday inclusive, or as may be extended
or expanded by the Monmouth Beach Borough Governing Body.
[Ord. No. O-06-2016]
a.
No permit shall be issued by the Borough Clerk to any person which
would allow an excavation or opening in a street surface which was
paved or improved less than five years prior to the date of the application
with exception to the following:
1.
The applicant can clearly demonstrate that public health or safety
requires that the proposed work be permitted.
2.
An emergency condition exists.
3.
Major projects, as defined by this section shall be permitted subject
to the entire roadway being resurfaced within the project limits in
accordance with this section.
|
Applicant may make a request for a waiver of the permit moratorium
of this section in writing to the Mayor and Committee which waiver
may be granted by the Mayor and Committee in their sole discretion.
|
b.
No permit shall issue for projects which do not directly service
and/or benefit the residence, businesses or properties immediately
adjacent to the proposed improvement if such proposed improvement
is proposed on the following roadway types, as defined by the New
Jersey Residential Site Improvement Standards (N.J.A.C. 5:21):
[Ord. No. O-06-2016]
In case of the sudden break or bursting or damage of any gas
or water main or pipes or underground utilities or any public utility
damage whatsoever where immediate repair is necessary in order to
protect the public health, safety and welfare and to prevent the discontinuance
of essential public services, it shall not be necessary to obtain
a permit pursuant to the procedures herein set forth before beginning
such repair, provided, however, the permit shall be applied for and
obtained within three days after the occurrence of such emergency
and this section shall not be construed to exempt any person, corporation
or entity repairing the pipes, conduits or utilities or any public
utilities whatsoever from any provision of this section requiring
a permit for excavation and road openings or from any other provisions
of this section and compliance with all filings as required with the
Borough Clerk and Engineer.
[Ord. No. O-06-2016]
Nothing contained in this article shall be construed as requiring
the issuance of a permit for the performance of any opening or excavation
by the Borough or its employees.
[Ord. No. O-06-2016]
Any person violating any of the provisions of this section,
in addition to any other remedy at law or equity, shall be liable,
upon conviction, to the maximum penalty permitted by law. The penalties
set forth herein are subject to being imposed upon any persons, corporation,
entities, and/or others violating any provisions of this section and
the Court shall have the ability to impose each penalty set forth
or impose one of them or any combination of them or all of them, all
in the discretion of the Court.
[Ord. No. O-06-2016]
The Borough may, at any time, revoke or annul any permit, or
extension endorsed thereon for cause, or for performing work not in
accordance with the permit granted, or for failure or neglect to pursue
the work in accordance with such permit, or for any conditions which
might prove to be dangerous or injurious to any person or interests
of the Borough as an additional but not exclusive remedy. Every person
or entity receiving a permit, or any extension thereof, shall accept
the same subject to the foregoing provisions and conditions, without
any liability or responsibility attaching to the Borough for any loss
or damage that might result by reason of such revocation.
[Ord. No. O-06-2016]
The applicant shall indemnify and save harmless the Borough,
its officers, professionals, agents and employees from any loss, injury
or damage resulting from any negligence or fault of the applicant,
its agents, servants or employees or contractors in connection with
the performance of any of the work covered by the permit. The terms
and provisions of this article shall be deemed a covenant by such
applicant to so indemnify and save harmless the Borough of Monmouth
Beach.
[Ord. No. 6-27-78 § 1]
Before commencing the work of constructing or reconstructing
curbs, paving gutters or laying sidewalks, the lines or grades for
the same shall first be obtained from the Borough Engineer.
