[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]
a.
No person shall make an excavation in or tunnel under any street
without first obtaining a permit from the Municipal Clerk.
b.
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.
c.
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:
a.
The name and address of the applicant.
b.
The name of the street where the opening is to be made and the street
number, if any, of the abutting property.
c.
The Borough Tax Map block and lot number of the property for the
benefit of which the opening is to be made.
d.
The nature of the surface in which the opening is to be made.
e.
The character and purpose of the work proposed.
f.
The time when the work is to be commenced and completed.
g.
Each application shall be accompanied by a set of plans in quadruplicate
showing the exact location and dimension of all openings.
h.
The name and address of the workman or contractor who shall perform
the work.
i.
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:
a.
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.
b.
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.
c.
The Borough Administrator may, upon application by the permittee,
extend the time limit during which the permit shall be valid.
d.
All refuse and material shall be removed within forty-eight (48)
hours.
e.
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.
f.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one (1) part cement to ten (10) parts
sand.
g.
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.
h.
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]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
Upon prior approval of the appropriate Borough official, subgrade
stone may be replaced with an equivalent thickness of stabilized base
material.
g.
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.
h.
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.
i.
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]
a.
Transferability. A permit shall apply only to the person to whom
it is issued and shall not be transferable.
b.
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.
c.
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.
d.
Revocation of Permit.
1.
The Borough Administrator or the Borough Engineer may revoke a permit
for any of the following reasons:
(a)
Violation of any provision of this section or any other applicable
rule, regulation, law or ordinance.
(b)
Violation of any condition of the permit issued.
(c)
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.
2.
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.
e.
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.
[1]
Editor's Note: See also "Residential Site Improvement
Standards" (RSIS) N.J.A.C. 5:21 et seq.
[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:
a.
Collector streets or feeder streets, as defined in Chapter 32, Land Subdivision, shall have a minimum width of twenty-eight (28) feet.
b.
Arterial roads shall be in conformance with the requirements of the
State or County applicable to the roads.
c.
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]
a.
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.
b.
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.
c.
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]
a.
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.
b.
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.
c.
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.
d.
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]
a.
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.
b.
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.
