[1973 Code § 75-1]
As used in this section:
- Shall mean any road, highway, public way, public alley, easement or other right-of-way accepted and maintained by the Borough as a public street, as well as any State or County road or highway over which the Borough has acquired jurisdiction by agreement.
[1973 Code § 75-2]
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the Municipal Clerk.
A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for permit is made simultaneously with the commencement of the work or as soon thereafter as is practical. The permit, when issued, shall be retroactive to the date on which the work was begun.
The Municipal Clerk may issue permits to other public bodies without fee.
[1973 Code § 75-3]
The Municipal Clerk is authorized to refuse the issuance of any permit if such refusal is in the interest of public safety, convenience or health. In the event that a permit shall be refused by the Municipal Clerk, an appeal may be taken to the Borough Council. The Council, after hearing the applicant and the Municipal Clerk and other evidence as may be produced, may either direct the issuance of the permit or sustain the refusal of the Municipal Clerk.
[1973 Code § 75-4; New]
Application for a permit shall be made to the Borough Administrator through the Municipal Clerk and shall contain the following information:
The name and address of the applicant.
The name of the street where the opening is to be made and the street number, if any, of the abutting property.
The Borough Tax Map block and lot number of the property for the benefit of which the opening is to be made.
The nature of the surface in which the opening is to be made.
The character and purpose of the work proposed.
The time when the work is to be commenced and completed.
Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimension of all openings.
The name and address of the workman or contractor who shall perform the work.
A statement that the applicant agrees to replace, at his own cost and expense, the street, curb, gutter and sidewalk in the same state and condition in all things as they were at the time of the commencement of the work within forty-eight (48) hours of the commencement of the same.
[1973 Code § 75-5; New]
Permits shall be issued under the authority of the Borough Administrator and in accordance with the provisions of this section. The Borough Administrator shall determine the initial time limit during which the permit shall be valid.
[1973 Code § 75-6]
Each permit shall take the identity and address of the applicant, the name of the street and the location where the excavation or tunnel is to be made, the dimensions of the opening and the period during which the permit shall be valid. The original of each permit shall remain on file with the Municipal Clerk.
[1973 Code § 75-7]
An applicant shall be charged a fee of one hundred ($100.00) dollars for each permit, which must be paid when application is made.
[1973 Code § 75-8]
No permit shall be issued until the applicant has filed a bond in an amount determined to be sufficient by the Borough Engineer. The Engineer may waive the requirements of this section in the case of a public utility upon the presentation of satisfactory proof that it is capable of meeting any claims against it up to the amount of the bond which would otherwise be required. The bond shall be in cash or acceptable equivalent approved by the Borough Attorney if the amount determined for the required work is less than one thousand ($1,000.00) dollars. Any amount in excess of nine hundred ninety-nine dollars and ninety-nine ($999.99) cents may be covered by a surety bond in a form approved by the Borough Attorney. If the total amount determined by the Borough Engineer exceeds five thousand ($5,000.00) dollars, then the additional five (5%) percent of such amount must be in cash or acceptable equivalent (e.g., on an estimate of ten thousand ($10,000.00) dollars, the requirements would be a surety bond of ten thousand ($10,000.00) dollars and, in addition, five hundred ($500.00) dollars in cash or equivalent).
[1973 Code § 75-9]
No permit will be issued until the applicant has furnished the Municipal Clerk with satisfactory proof that he is insured against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors done in the course of the work to be performed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the policy of insurance shall be one hundred thousand ($100,000.00) dollars for injury to any one (1) person, three hundred thousand ($300,000.00) dollars for injuries to more than one (1) person in the same accident and an aggregate of one hundred thousand ($100,000.00) dollars for property damage for a single incident. The Municipal Clerk may waive the requirements of this section in the case of a public utility upon the presentation of satisfactory proof that it is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required.
[1973 Code § 75-10; New]
All permits issued under this section shall be subject to the following rules and regulations:
All excavations shall be kept properly barricaded at all times and during the hours of darkness shall be provided with proper warning lights. This regulation shall not excuse the permittee from taking any other precautions reasonably necessary for the protection of persons or property.
All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the Borough Administrator and the Police Department. The Borough Administrator and Police Department providing police services for the Borough shall be informed of all street closings at least twenty-four (24) hours in advance, except where the work is of an emergency nature, when notice shall be given to the Police Department providing services and the Borough Administrator when work commences.
The Borough Administrator may, upon application by the permittee, extend the time limit during which the permit shall be valid.
All refuse and material shall be removed within forty-eight (48) hours.
All excavations shall be completely backfilled by the permittee and shall be compacted by tamping or other suitable means in a manner prescribed by the Borough Engineer or the Borough Administrator. Where the Borough Engineer or the Borough Administrator determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with sand, soft coal, cinders or other suitable material, which shall be placed in layers not exceeding six (6) inches in depth and thoroughly compacted in the manner prescribed by the Borough Engineer or the Borough Administrator. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Borough Engineer or the Borough Administrator determines that any backfilled excavation has settled or caved in, he shall so notify the permittee, who shall promptly continue backfilling until the Borough Engineer or the Borough Administrator determines that the settlement is complete.
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one (1) part cement to ten (10) parts sand.
If blasting is required to be done in the course of any excavation, it shall be done in strict compliance with all applicable State laws and regulations.
If the work is not completed within the time specified in the permit or any extension granted by the Borough Engineer or the Borough Administrator or is not performed in accordance with the regulations set forth in this section, then the Borough may complete the work itself and restore the surface of the street. The cost of completing the work and restoring the street shall be charged to the permittee and may be deducted from his deposit or recovered by an action in any court of competent jurisdiction.
[1973 Code § 75-11; Ord. No. 2015-1]
For openings of less than one hundred (100) square feet in surface area, the upper seven and one-half (7 1/2) inches of trench shall be filled by the applicant with graded one and one-half (1 1/2) inch stone equal to the applicable and current State Specification(s), with stone dust, compacted by five-ton roller. After twenty-four (24) hours of traffic, or other period as stipulated by the appropriate Borough official, the edges of the trench shall be saw cut parallel to the street center line and six (6) inches outside the widest trench limits, after which the upper three and one-half (3 1/2) inches of stone shall be removed and final pavement shall be constructed. After thirty (30) calendar days, and after six (6) months, the applicant shall place fine aggregate bituminous concrete in depressed areas to form a smooth, even street surface.
For openings of greater than one hundred (100) square feet in surface area, the upper seven and one-half (7 1/2) inches of trench shall be filled by the applicant with five (5) inches of graded one and one-half (1 1/2) inch stone equal to the applicable and current State Specification(s), with stone dust, and one and one-half (1 1/2) inches of stabilized base material equal to the applicable and current State Specification(s), compacted by a ten-ton roller. The surface shall be maintained by the applicant for not less than thirty (30) calendar days and, at the discretion of the appropriate Borough official, to a maximum of ninety (90) calendar days, such that maximum surface depression is one (1) inch. Thereafter, the edges of the trench shall be saw cut parallel to the street center line and six (6) inches outside the widest trench limits, after which the upper three and one-half (3 1/2) inches of material shall be removed, and final pavement shall be constructed. After six (6) months, the applicant shall place fine aggregate bituminous concrete in depressed areas to form a smooth, even, street surface.
For emergency openings from November 15 through March 31, the procedure shall be the same as for openings greater than one hundred (100) square feet, except that temporary paving material may be approved cold patching compound, if hot material is not available.
Final pavement in all cases shall be four (4) inches of graded one and one-half (1 1/2) inch stone, equal to the applicable and current State Specification(s), with stone dust, two (2) inches of stabilized base material equal to the applicable and current State Specification(s), one and one-half (1 1/2) inches of fine aggregate bituminous concrete equal to the applicable and current State Specification(s), feathered over a twelve (12) inch width of tack coat, to meet adjacent surfaces. All thickness shall be as measured after compaction by a ten-ton roller.
Where a trench exceeds one hundred (100) feet in length, a one and one-half (1 1/2) inch surface course shall be placed from curb to curb on all streets. Where a trench exceeds six (6) feet in width, or is skewed to street center line or is connected to spur trenches, a one and one-half (1 1/2) inch surface course shall be placed from curb to curb. In all cases the surface shall be cleaned and tack coat placed before application of surface course, which shall be feathered toward each curb.
Upon prior approval of the appropriate Borough official, subgrade stone may be replaced with an equivalent thickness of stabilized base material.
If it is found during trench excavation that the roadway section is thicker than that stipulated within this subsection, the existing thicker pavement section shall be constructed.
All roadway restoration work shall be performed to maintain current drainage patterns. In addition, unless authorized by the Borough, roadway surface grade elevations shall not change. If milling is necessary to satisfy these requirements, milling shall be performed in accordance with current State/NJDOT regulations and specifications and in accordance with the requirements as stipulated by the Borough and its professionals.
Under all and any circumstances, the roadway restoration shall be performed to the satisfaction of the Borough and its professionals.
[1973 Code § 75-12; New]
Transferability. A permit shall apply only to the person to whom it is issued and shall not be transferable.
Commencement of Work. Work under a permit shall commence within forty-five (45) days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate unless extended, in writing by the Borough Administrator or Borough Engineer.
Possession of Permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the Borough Engineer or the Borough Administrator, must be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the Borough or to any Police Officer providing services for the Borough.
Revocation of Permit.
The Borough Administrator or the Borough Engineer may revoke a permit for any of the following reasons:
Violation of any provision of this section or any other applicable rule, regulation, law or ordinance.
Violation of any condition of the permit issued.
Carrying on work under the permit in a manner which endangers life or property or which creates any condition which is unhealthy, unsanitary or declared by any provision of this section to constitute a nuisance.
The procedure for revoking a permit shall be the same as that set forth for the revocation of licenses, except that the initial hearing shall be before the Borough Administrator or Borough Engineer, with a right of appeal to the Borough Council, and the Borough Administrator or the Borough Engineer may provide in his decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.
Modification of Permit Conditions. In a special case, the Borough Council may, by resolution, impose special conditions to which the issuance of the permit may be subject or may decide that any provision of this section shall not apply or shall be altered.
[1973 Code § 75-13]
No person shall lay out, open, grade or pave any public street, avenue or other public thoroughfare nor construct therein any curbs, gutters, sidewalks, storm drains or any other improvements except in accordance with the Standard Specifications, Regulations and Conditions Relating to Improvement Work in Public Streets heretofore adopted by resolution of the Council or as the same may be supplemented or amended by further resolutions of the Council.
[1973 Code § 75-14]
All pavements, curbs, sidewalks, storm drains and other street improvements shall be designed and laid out and supervised by the Borough Engineer in accordance with the specifications, regulations and conditions now in effect or as they may be supplemented or amended by further resolutions of the Council.
[1973 Code § 75-15]
A copy of the Standard Specifications, Regulations and Conditions Relating to Improvement Work in Public Streets, with any supplements and amendments thereto, shall be kept on file in the Municipal Clerk's office for examination, inspection and use during the regular hours of business by any person interested therein.
[1973 Code § 75-16]
All engineering, inspection and legal fees shall be on a uniform basis and shall be those fixed and set forth by the Borough Council by resolution duly adopted.
[1973 Code § 75-17]
All required gas mains, water mains, storm drains, underdrains or other underground facilities shall be installed prior to the construction of any pavement.
[1973 Code § 75-18]
Width of pavement for various types of streets or roadways shall be as follows:
Collector streets or feeder streets, as defined in Chapter 32, Land Subdivision, shall have a minimum width of twenty-eight (28) feet.
Arterial roads shall be in conformance with the requirements of the State or County applicable to the roads.
The minimum width of pavement for all types of streets or roadways shall be eighteen (18) feet. In determining the nature or type of street under the above classification, the decision of the Borough Council shall be final.
[1973 Code § 75-19]
All cul-de-sacs shall have a minimum radius of fifty (50) feet, with the paved area of the circle to twenty-four (24) feet wide, including curb, with an outside paved radius of forty (40) feet, together with a concrete curb on the inner and outer circumference of the cul-de-sac.
The inner or center area of the cul-de-sac shall be subgraded to within eight (8) inches of the top of the concrete curb and the remaining depth of eight (8) inches filled with a good quality, fibrous topsoil, firmly rolled for compaction, to bring the grade to the top of the concrete curb as set forth above.
The entire area of the cul-de-sac, with the exception of the paved area, shall be seeded with a good turf seed, for either a sunny or shady location, under the direction of the Borough Engineer.
[1973 Code § 75-20]
The space between the curb and property line on all streets shall have the brush removed, and this space shall be properly graded. Trees shall be removed where the cut or fill will either kill the trees or make them dangerous. The Borough Engineer shall designate such trees which are not to be removed.
[1973 Code § 75-21]
All streets hereafter constructed in the Borough shall have concrete curbs installed in accordance with standard specifications approved by the Borough Engineer, which specifications shall also be approved by the Borough Council. The Borough Engineer may include the specifications provisions requiring the addition of coloring matter to the mix of the concrete specified and such other matters which he shall feel are necessary and proper.
[1973 Code § 65-1]
Pursuant to the provisions of N.J.S.A. 40:67-1j, in order to assist the general public and public authorities to more easily identify and locate residences and principal structures within the Borough, both for emergency purposes and the general welfare and convenience of the public, the display of numbers identifying such residences and structures shall henceforth be required within the Borough.
[1973 Code § 65-2]
All lots, buildings and structures in the Borough shall be numbered in accordance with the plan on file with the Municipal Clerk. There shall be one (1) number to approximately every two hundred (200) feet of frontage.
[1973 Code § 65-3]
The Borough Administrator shall keep a chart showing the proper street number of every lot in the Borough, which shall be open to inspection by anyone interested.
[1973 Code § 65-4]
The owner, occupant or agent of an owner or occupant shall place or cause to be displayed upon each house or building controlled by him the number or numbers assigned to the lot upon which it is located on the map of the Borough Administrator.
The numbers used shall be Arabic, not less than three (3) inches in height, and should be made of durable and clearly visible material; the numbers shall be legible and maintained in good order at all times. Roman numerals or script may supplement this requirement but shall not be a substitute for compliance.
The numbers shall be conspicuously placed either on the United States mailbox, provided that they are located on the two (2) sides of the box, perpendicular to the roadway, or on a post not higher than six (6) feet located within ten (10) feet from the street line.
All numbers posted pursuant to this section shall be of reflective material or of sufficient visual contrast to the background material to be easily discernible at night with the aid of an emergency vehicle spotlight.
[1973 Code § 65-5]
Whenever any house, building or structure shall be erected or located in the Borough, and in order to preserve the continuity and uniformity of numbers of this houses, buildings or structures, it shall be the duty of the owner to ascertain the correct number or numbers as designated by the map of the Borough Administrator for this property and to immediately fasten the number or numbers so assigned upon the building as provided by this section.
Any person having a number different than that officially assigned shall be deemed to be in violation of this section.
[1973 Code § 65-6]
This section shall be enforced by the Construction Official, who is empowered to order, in writing, the remedying of any condition found to exist in violation of any provision of this section. The owner or agent of a building or premises, if a violation of any of the provisions of this section shall have been committed or shall exist, or the lessee or tenant of any part of the buildings or premises in which such violations shall have been committed or shall exist or the agent, architect, builder, contractor or any other person who shall commit, take part or assist in any violation or who shall maintain any building or premises in which any violation of this section shall exist or the persons so violating the same who refuse to correct the violations within one (1) month after written notice has been mailed to them shall, for each and every violation of the provisions of this section, be subject to a maximum fine of not more than one hundred ($100.00) dollars and a minimum fine of one ($1.00) dollar for each day of violation, plus costs. Each and every day that such a violation continues after said notice, as hereinabove prescribed, shall be considered a separate and specific violation of this section.