Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Peapack And Gladstone, NJ
Somerset County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (3) Index
[Ord. No. 527]
The purpose of this section is to regulate any disturbance of Borough roads and rights-of-way by any person, corporation, utility or agency to promote safety, public health, protection of private and public property, the convenience and general welfare of the public and the Borough of Peapack and Gladstone.
[Ord. No. 527]
As used in this section:
APPLICANT
Shall mean person, corporation, utility or agency intending to disturb the Borough right-of-way and/or operate utility lines within the right-of-way.
BOROUGH
Shall mean the Borough of Peapack and Gladstone.
COMPLETION OF WORK
Shall mean all work completed in accordance with the permit and Borough Ordinances as determined by the Borough or authorized representative of the Borough.
CONTRACTOR
Shall mean the person or firm constructing a part or all of the improvements. The applicant shall be considered a contractor if it participates in the execution of the work.
UTILITY LINES
Shall mean electric, gas, sewer, water or other utility mains or service connections owned by franchised utility companies or private interests.
[Ord. No. 527]
No disturbance of Borough rights-of-way, including, but not limited to, pavements, drainage facilities, curbs, sidewalks and shoulder/grass areas, shall be made unless a road opening permit is obtained from the Borough.
Applications and permits shall be issued by the Borough Clerk.
[Ord. No. 527]
Proposed installations or modifications approved by way of formal submission to the Borough Planning Board, and covered by a developer's agreement, do not require a permit. The prohibition of street openings within three years of regrading or acceptance of a new road set forth in Subsection 15-1.6b, and the Design and Construction Standards, Subsection 15-2.16 still apply.
Adjustment and modification of overhead utility lines do not require a permit, unless poles or other structures are to be relocated or added.
Any work by others under contract with the Borough, by Borough forces or by the Sewer Utility does not require a permit.
Repairs in connection with the one-year guarantee required by this section require a permit, but fees will be waived by the Borough.
Emergency work by electric, water, sewer or other franchised utilities to repair limited and localized damage does not require a permit. However, the other provisions of this section shall apply.
[Ord. No. 527]
a. 
A sketch, site plan or project plan as applicable shall be submitted showing the following:
1. 
Key map showing project location.
2. 
Centerline of road, right-of-way lines, edges of pavement, curbs, drainage, facilities, swales, intersection(s), driveway(s), hydrant(s), utility pole(s), known underground facilities and other features relevant to the design and construction of the project within fifty (50') feet of the proposed improvements.
3. 
Details of the proposed installations or alterations including plan and profile views.
4. 
Technical specifications.
b. 
Insurance certificates as required by this section.
c. 
Performance bond or deposit as required by this section.
d. 
Permit fee required by this section.
e. 
Completed application form signed and dated by the applicant.
f. 
Estimate of the value of the restoration work within Borough right-of-way, including trench backfill, pavement replacement, curb and sidewalk replacement, lawn restoration and any other work related to Borough property.
[Ord. No. 527; Ord. No. 850; Ord. No. 940-10 § 1; Ord. No. 1024-2016]
a. 
Upon filing of a complete application, required documentation, bonds and fees to the satisfaction of the Borough, the application shall be accepted for review. The application shall be reviewed by the Construction Official and/or Borough Engineer or other person designated by the Council. A determination shall be made within fourteen (14) days following submission of a completed application.
Major projects or other projects, referred to the Borough Engineer or other Borough consultants, will require an extension of time for processing of the application at the discretion of the Borough.
b. 
No permit shall be issued to open the pavement of any road which has been constructed or reconstructed for a period of five (5) years from the date of completion of said construction except in the event of an emergency; and no permit shall be issued to open the pavement of any road which has been resurfaced for a period of three (3) years from the date of completion of said work except in the event of an emergency.
[Ord. No. 1024-2016]
c. 
Any person or entity including a public utility, which is denied a street opening permit may appeal the denial to the Mayor and Council. The provisions of paragraph b. notwithstanding the Mayor and Council may grant a street opening permit in emergent situations for the purposes of public health, safety and welfare, or if the denial thereof creates a documented hardship for a private person or entity, however, temporary delay in the development of property alone shall not constitute such a hardship.
d. 
All sidewalk opening permits shall be conditioned on the applicant returning the sidewalk to the same condition it was in prior to the opening, including using materials of the same type, quality, and color as the original sidewalk, and restoring and reseeding any grass or plantings disturbed by the sidewalk opening. All work shall be performed in a workmanlike manner to the satisfaction of the Borough Engineer.
[Ord. No. 527]
The applicant shall take out and maintain, at his own expense, during the life of this Contract such Public Liability and Property Damage Insurance as shall protect him, the Borough and the Engineer, and their employees, officers and agents and any subcontractor performing any work, including blasting, trucking and teaming, from claims for damages for personal injury, including accidental death, as well as from claims for property damages which may arise from his operations, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows:
a. 
Public Liability Insurance. An amount not less than five hundred thousand ($500,000.00) dollars for injuries including accidental death to any one person, and in an aggregate amount of one million ($1,000,000.00) dollars for one accident involving more than one person.
b. 
Property Damage Insurance. An amount not less than one hundred thousand ($100,000.00) dollars for damages on account of any one accident and in the amount not less than two hundred fifty thousand ($250,000.00) dollars for damages on account of all accidents.
c. 
Automobile Liability Insurance. An amount not less than five hundred thousand ($500,000.00) dollars for injuries, including accidental death, to any one person and subject to the same limit for each person in an amount not less than one million ($1,000,000.00) dollars on account of one (1) accident.
[Ord. No. 527]
The applicant shall pay, indemnify and save harmless the Borough, its employees, agents, or servants from all suits, actions, demands, claims, losses, damages, expenses, and/or costs of every kind and description to which the Borough may be subjected or put by reason of injury, including death, to persons or property, resulting from the manner or method employed by the applicant, his employees, agents, or servants, or subcontractors or from any neglect or default of the applicant, his employees, agents, or servants, or subcontractors, and whether such suits, actions, demands, claims, losses, damages, expenses, and/or costs be against, sustained, or suffered by the Borough, its employees, agents, or servants, or be against, sustained, or suffered by other corporations and persons to whom the Borough, its employees, agents, or servants, may become liable therefor.
[Ord. No. 527]
The issuance of a permit under this section will require the payment of the owner of one hundred ($100.00) dollars.
Permit applications referred by the Borough to the Borough Engineer will require additional fees based upon the current per diem engineering hourly rates for the Borough. In the case of major projects, the Borough may require the posting of an escrow for the compensation of the Borough Engineer.
[Ord. No. 527]
The applicant shall furnish, with the application for the Road Opening Permit, a deposit or performance bond in the amount of one hundred (100%) percent of the value of public improvements or alterations within the public right-of-way, but not less than five hundred ($500.00) dollars. The bond or deposit shall be released when the work described in the permit is completed.
[Ord. No. 527]
The applicant shall guarantee all public right-of-way improvements and alterations to the Borough of Peapack and Gladstone for a period of one (1) year from the date of completion, and shall make all needed repairs on the work during the one (1)-year guarantee period. The applicant shall post a maintenance bond for the period of the same amount as the performance bond or deposit. If defects are not corrected or show continued occurrence, an extension of the bond will be required for another year at the discretion of the Borough.
[Ord. No. 527]
Upon completion of the work, the applicant shall periodically inspect and continuously maintain in proper working order its utility lines without danger to the public or damage to other properties.
[Ord. No. 527]
Where the strict application of this section would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the applicant, the Borough Council, upon an application or appeal relating to such property, may grant a waiver of the design and construction standard from such strict application of this section so as to relieve such difficulties or hardship, provided, however, that no waiver or other relief may be granted hereunder which would create any substantial public danger or substantial public inconvenience. No variance or other relief may be granted under the terms of this section unless such waiver or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of this section.
Waiver from particular design standards must be requested in writing at the time of application.
When a waiver is requested, the usual time to process the application will be extended at the discretion of the Borough. The Borough Council may seek the assistance of the Borough Engineer or other consultants prior to acting on the waiver.
[Ord. No. 527]
Any person or persons, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
In addition to the above, the person, firm or corporation may be subject to all costs relating to the restoration of the disturbed area to its original state.
[Ord. No. 527]
a. 
These specifications shall apply to all work related to the reconstruction, altering or improvement of Borough facilities within the public right-of-way.
b. 
Specifications for materials and methods of construction shall be New Jersey Department of Transportation (NJDOT) Standard Specifications for Road and Bridge Construction and shall apply for items of work not described herein.
c. 
Pavement Cutting. Pavement shall be saw-cut and removed at least one (1') foot from the edge of the required excavation.
d. 
Excavation. Excavated materials shall be temporarily stockpiled using side areas as much as possible. Trenches shall not remain open overnight or on idle days except in emergencies and in such cases shall be protected with barricades, lights and adequate metal plates securely anchored where vehicular or pedestrian traffic must be maintained.
Material shall be stockpiled so as to not divert stormwater with resulting damage to public or private property.
e. 
Backfill. All trenches in Borough roadways shall be backfilled completely with quarry process stone.
f. 
Paving. Trenches shall be restored with five (5") inches of stabilized base and two (2") inches of FABC top, placed flush with the existing adjacent pavement. Methods of construction shall be in accordance with NJDOT specifications.
g. 
Curb and Sidewalks. Curb shall be minimum six (6") inches face and eighteen (18") inches high and constructed of concrete, belgian block or granite as determined by the Borough. Sidewalks shall be concrete and shall not be narrower than three (3') feet and have a minimum thickness of four (4") inches. Methods and materials shall be in accordance with NJDOT specifications.
h. 
Grading and Restoration of Side Areas. Regrading and restoration of areas behind the curb or otherwise remote from the travelled way shall result in topography and surface cover equal to or better than that encountered before construction.
i. 
Drainage. All work performed in connection with the road opening shall be done in such a fashion as to maintain or improve existing drainage patterns.
j. 
Erosion and Sedimentation Control. The site shall be maintained at all times so as to control erosion and siltation of soil. In controlling sedimentation and erosion, the applicant shall be guided by the New Jersey Standards for Soil Erosion and Sedimentation Control, and the Somerset-Union Soil Conservation District Regulations.
k. 
Coordination. The contractor and applicant shall coordinate their activities with all parties affected by the proposed alterations or improvements, including, but not limited to, utilities, Borough departments and property owners. The contractor shall have utilities locate their lines, and test pits, if necessary, shall be excavated.
l. 
Changes in the Work. The applicant must obtain approval from the Borough for any changes in the work affecting Borough improvements within the right-of-way.
m. 
Maintenance and Protection of Traffic. The contractor shall proceed with the work in such a manner as to maintain traffic. Police, fire and emergency equipment must be able to pass and service all areas at all times. Fire hydrants on or adjacent to the work shall be kept accessible for fire apparatus and no material or obstruction shall be placed within ten (10') feet of any such hydrant. Detours or temporary closings shall be arranged with the Borough Police Department in advance of the work.
The contractor shall erect and maintain barricades, danger signals, and warning signs at work sites, closed roads, intersections and other places of danger to traffic or to completed work. Each barricade shall be provided with flashing signals not more than five (5') feet apart and not less than three (3) signals shall be used. Obstructions such as stored materials, equipment and excavations, shall be marked with not less than two (2) flashing signals which shall be visible to traffic and shall be placed not less than two (2') feet above the adjacent roadway carrying traffic. The signals shall be lighted from sunset to sunrise.
The contractor shall provide sufficient watchmen and directors of traffic and shall take all necessary precautions for the proper protection of the work and the safety of the public. The contractor shall erect direction or detour signs as directed by the Police Department.
n. 
Project Schedule. A schedule indicating the phases of the work and the date of commencement and completion shall be supplied. The schedule shall be updated when changes are anticipated through the course of the work.
[Ord. No. 529]
The purpose of this section is to regulate driveway locations, access, design, construction and maintenance to promote safety, public health, convenience and general welfare of the public and the Borough.
[Ord. No. 529]
As used in this section.
BOROUGH
Shall mean the Borough of Peapack and Gladstone.
CONTRACTOR
Shall mean the person or firm constructing a part or all of the improvements. The owner shall be considered a contractor if it participates in the execution of the work.
CURBLINE
Shall mean face of exiting curb along frontage of the owner.
DRIVEWAY
Shall mean private lane connected to a Borough road for the purpose of providing motor vehicle access to and within private property.
GUTTERLINE
Shall mean edge of shoulder or pavement furthest from the centerline of the Borough street and along the frontage of the owner.
OWNER
Shall mean owner of property served by proposed driveway improvements.
PROJECT
Shall mean all work completed in accordance with the permit and Borough Ordinance as determined by the Borough or authorized representative of the Borough.
[Ord. No. 529]
No driveway or lot entrance connected to public right-of-way may be constructed or altered unless the owner obtains a driveway permit from the Borough.
Applications and permits shall be issued by the Construction Official.
[Ord. No. 529]
Proposed driveways approved by way of formal submission to the Borough Planning Board do not require a permit. However, the Design and Construction Standards, subsection 15-2.16, still apply with regard to driveway design and construction.
Minor repairs of existing driveways within Borough rights-of-way do not require a permit. Minor repairs are defined as sealcoating and bituminous concrete overlays of one (1") inch thickness or less. Work within paved portions of the traveled way or on the shoulder of Borough roads requires a permit.
Repairs or other driveway alterations completely within private property do not require a driveway permit, unless such modifications will indirectly affect the Borough right-of-way.
Repairs in connection with the one (1)-year guarantee required by this section do not require a permit, however, notice in writing is required prior to commencement of this work.
[Ord. No. 529]
The maximum number of driveways permitted from a lot to any road shall be limited as follows, except under conditions where the safety and/or convenience of the general motoring public is impaired. Such conditions shall be determined and specified by the Borough Zoning Officer/Construction Official upon receipt of advice of the Borough Engineer.
Length of Lot Frontage
(in feet)
Maximum Permitted Number of Driveways
Minimum Spacing
150 or less
One driveway
— —
More than 150'
Two driveways
50'
[Ord. No. 529]
a. 
A sketch or site plan shall be submitted showing the following:
1. 
Centerline of road, property line, gutterline and direction of gutter flow.
2. 
Driveway locations, width and proposed route along the entire length of the driveway and intersection with Borough road. Locations of edge of pavement, gutters, curblines, catch basins, hydrants, manholes, utility poles, other driveways and additional features important to driveway design within fifty (50') feet of either edge of the proposed driveway.
3. 
On any driveway, where existing lot grades exceed eight (8%) percent, a profile of the driveway showing existing and proposed centerline grades and elevations for its entire length shall be required.
4. 
The type of storm drainage to be constructed along the driveway and at the driveway intersection with the Borough road, such as, dish-type gutter, pipe or other means. Size of pipe or gutters, grades, elevations, typical cross-sections, construction details, and any other information deemed necessary by the Borough for the proper review of the installation shall also be shown.
b. 
Insurance certificates, as required by this section.
c. 
Performance bond or deposit, as required by this section.
d. 
Permit fee, as required by this section.
e. 
Completed application form, signed and dated by the owner.
f. 
Cost estimate of work within right-of-way.
g. 
Request for waiver of any particular design or construction standard and reason for waiver request.
h. 
Any other information deemed by the Borough or its authorized representative to be necessary for review of the application shall be completely and clearly shown.
[Ord. No. 529]
Upon filing of a complete application, required documentation, bonds and fees to the satisfaction of the Borough, the application shall be accepted for review. The application shall be reviewed by the Construction Official and if necessary by the Borough Engineer. If the application is of such a nature that it is referred to the Borough Engineer, additional fees will be required to review the application.
A determination shall be made within fourteen (14) days following submission of a completed application.
[Ord. No. 529]
The applicant shall take out and maintain, at his own expense, during the life of this Contract such Public Liability and Property Damage Insurance as shall protect him, the Borough and the Engineer, and their employees, officers and agents and any subcontractor performing any work, including blasting, trucking and teaming, from claims for damages for personal injury, including accidental death, as well as from claims for property damages which may arise from his operations, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows:
a. 
Public Liability Insurance. An amount not less than five hundred thousand ($500,000.00) dollars for injuries including accidental death to any one person, and in an aggregate amount of one million ($1,000,000.00) dollars for one (1) accident involving more than one (1) person.
b. 
Property Damage Insurance. An amount not less than one hundred thousand ($100,000.00) dollars for damages on account of any one (1) accident and in the amount not less than two hundred fifty thousand ($250,000.00) dollars for damages on account of all accidents.
c. 
Automobile Liability Insurance. An amount not less than five hundred thousand ($500,000.00) dollars for injuries, including accidental death, to any one (1) person and subject to the same limit for each person in an amount not less than one million ($1,000,000.00) dollars on account of one (1) accident.
[Ord. No. 529]
The applicant shall pay, indemnify and save harmless the Borough, its employees, agents, or servants from all suits, actions, demands, claims, losses, damages, expenses, and/or costs of every kind and description to which the Borough may be subjected or put by reason of injury, including death, to persons or property, resulting from the manner or method employed by the applicant, his employees, agents, or servants, or subcontractors or from any neglect or default of the applicant, his employees, agents, or servants, or subcontractors, and whether such suits, actions, demands, claims, losses, damages, expenses, and/or costs be against, sustained, or suffered by the Borough, its employees, agents, or servants, or be against, sustained or suffered by other corporations and persons to whom the Borough, its employees, agents, or servants, may become liable therefor.
[Ord. No. 529]
The issuance of a driveway permit will require the payment by the owner of fifty ($50.00) dollars.
Permit applications referred by the Borough to the Borough Engineer will require an additional fee based upon the current per diem engineering hourly rates for the Borough.
[Ord. No. 529]
The applicant shall furnish, with the application for the driveway permit, a deposit or performance bond in the amount of ten (10%) percent of the value of the improvements within the public right-of-way but not less than two hundred ($200.00) dollars. The bond or deposit shall be released when the work described in the permit is completed.
[Ord. No. 529]
The applicant shall guarantee all right-of-way improvements to the Borough for a period of one (1) year from the date of completion, and shall make all needed repairs on the work during the one (1)-year guarantee period.
[Ord. No. 529]
The owner shall assume the responsibility for routine maintenance of improvements constructed under the permit. Such activities shall include, but are not limited to, mowing, landscape maintenance, cleaning of gutters, culverts and drainageways. The improvements shall be maintained so their intended function is not impeded.
[Ord. No. 529]
Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary or exceptional situation or condition of such piece of property, the strict application of this section would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the owner of such property, the Borough Council, upon an application or appeal relating to such property, may grant a waiver of the design and construction standard from such strict application of this section so as to relieve such difficulties or hardship, provided, however, that no waiver or other relief may be granted hereunder which would create any substantial public danger or substantial public inconvenience. No variance or other relief may be granted under the terms of this section unless such waiver or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of this section.
Waiver from particular design standards must be requested in writing by the owner at the time of application.
When a waiver is requested, the usual time to process the application will be extended at the discretion of the Borough. The Borough Council may seek the assistance of the Borough Engineer or other consultants prior to acting on the waiver.
[Ord. No. 529]
Any person or persons, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
In addition to the above, the person, firm or corporation may be subject to all costs relating to the restoration of the disturbed area to its original state.
[Ord. No. 529]
a. 
Site Distance Required. Any driveway shall be designed in profile, grading and location to permit the minimum clear site distance of ten (10') feet for every mile per hour of the posted speed limit, measured in each direction along the intersecting road. The measurement shall be from the driver's seat of a vehicle standing on that portion of the exit driveway with the front of the vehicle a minimum of ten (10') feet behind the curbline or the edge of the shoulder of the intersecting road and a height of eye of 3.75 feet and top of object 4.0 feet above the road pavement.
b. 
Grades. To assure access of vehicles, grading shall be designed and constructed to prevent dragging of the vehicle undercarriage. The maximum change in grades shall be no more than seven (7%) percent. Abrupt changes in grades of not greater than five (5%) percent shall be maintained within the right-of-way. Outside the right-of-way the maximum grade for unpaved driveways shall be eight (8%) percent and fifteen (15%) percent if the driveway is paved.
c. 
Angle of Approach. All driveways constructed shall intersect, to the extent possible, perpendicular to the existing road pavement or traveled way. Any curved or angular approach of the driveway for aesthetic or topographical reasons shall be accomplished outside of the road right-of-way.
d. 
Width of Driveways.
At Curb of Gutterline
Elsewhere
Minimum 13 feet
10 feet
Maximum 25 feet
24 feet
e. 
Turnaround. A turnaround shall be included in the design of all proposed driveways if the total length of the driveway is greater than one hundred (100') feet.
f. 
Erosion. All driveways shall be constructed and maintained at all times in such a manner as to prevent erosion of soil. Water and silt shall be prevented from washing onto roads and obstructing road gutters, catch basins, ditches or pipe drains.
g. 
Ditches and Drainage. All driveways shall be constructed so as not to interfere with the drainage along the existing road pavement or travelled way. Under no circumstances shall the driveway be allowed to extend beyond the edge of the existing curb or gutter line at an elevation creating a hump or uneven driving surface on the pavement or travelled way or shoulder.
h. 
Water Flow. The construction of a properly sized dish-type gutter will be permitted, provided that the existing water flow will not be blocked, altered or changed in any manner. Diversion of stormwater on adjacent properties or to the right-of-way is prohibited.
i. 
Culverts or Piping Required. The installation of a suitable sized reinforced concrete pipe or culvert will be required in the event that the existing flow line or ditch cannot be crossed with a shallow dish-type gutter. The size of the pipe or culvert required shall carry stormwater flows expected and be of sufficient strength to support the heaviest vehicle permitted on the Borough road.
j. 
Intersecting Roads. Where a site from which a proposed driveway exits occupies a corner of two (2) intersecting roads, no driveway entrance or exit shall be located within twenty-five (25') feet of the point of tangency of the existing curb or gutterline radius.
k. 
Prohibited Locations. No entrance or exit driveway shall be located within ten (10') feet of another driveway on another property.
l. 
Utility Installations. No driveway shall be located so as to interfere with existing utility installations. Arrangements to move utility installations are the responsibility of the owner. Utilities shall be contacted by the owner, if any work is proposed, that will interfere or otherwise affect the installations.
m. 
Pavement. All driveways within the Borough shall be paved within twenty-five (25') feet of the gutter or curbline. Driveways shall have a minimum base course of three (3") inches of bituminous stabilized base pavement and compacted and a minimum surface course of two (2") inches (compacted thickness) of fine aggregate bituminous concrete Type I-5. All materials shall comply with New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, 1989 Edition, and all amendments and revisions thereto.
n. 
Design and construction of all improvements shall conform to the New Jersey State Department of Transportation Standard Specifications for Road and Bridge Construction, 1989 Edition, unless specifically modified by provisions of this section.
o. 
The Design and Construction Standards of the Road Opening Ordinance as applicable shall apply to all work done under the Driveway Permit.
p. 
Permanent reflectors or guide posts may be required at ends of drainage pipes or culverts, if within the right-of-way.
q. 
Driveways shall be designed so as to prevent the washing of mud, gravel, leaves or other debris into the right-of-way.
r. 
If work will require driveway relocation or alteration such that a length of depressed curb or no curb will occur for which there is no driveway, this section of curb shall be constructed or reconstructed to match the existing adjacent installations. Abandoned pavements within the right-of-way shall be removed.
s. 
Bare areas shall be seeded and mulched or sodded and sufficient erosion protection measures taken to prevent washing of soil and debris into public catch basins.
[1]
Editor's Note: Former Section 15-3, Removal of Snow from Sidewalks, previously codified herein and containing portions of Ordinance Nos. 378 and 692 was repealed in its entirety by Ordinance No. 717.
[Ord. No. 274 § 1]
As used in this section.
BOROUGH
Shall mean the Borough of Peapack and Gladstone in the County of Somerset in the State of New Jersey.
ENGINEER
Shall mean the Borough Engineer of the Borough of Peapack and Gladstone.
STANDARD SPECIFICATIONS
Shall mean Standard Specifications for Road and Bridge Construction of the New Jersey State Highway Department dated 1989 and revisions thereof.
[Ord. No. 274 § 2]
No road, street or highway to be hereafter improved or constructed by any subdivider, corporation, individual or other entity shall be accepted for maintenance by the Borough unless plans and specifications prepared in compliance with the requirements hereinafter set forth are approved by the Engineer and such road, street or highway is thereafter improved or constructed in accordance with such plans and specifications and the requirements hereinafter set forth.
[Ord. No. 274 § 3]
a. 
Prior to the construction of any road within the Borough, plans shall be submitted for review to the Engineer.
b. 
Plans shall be on standard twenty-four by thirty-six (24" x 36") inch sheets. They shall be prepared by a licensed Professional Engineer of the State of New Jersey. The horizontal scale shall be not less than one (1") inch equals fifty (50') feet. The plans shall show a plan view at the top of the sheet and its corresponding profile directly below it. Plans shall show existing features, grades and all trees over twelve (12") inches in diameter within the right-of-way. Plans shall show fifty (50') foot stations, complete curve data of the centerline, and all proposed pavement and structures within the right-of-way.
c. 
Profiles shall show existing elevation and proposed elevation for each fifty (50') foot station.
d. 
Plans shall include cross sections at each fifty (50') foot station drawn to a scale of one (1") inch equals five (5') feet showing the entire right-of-way and graded width.
e. 
All elevations shall be based on NGVD 1929.
f. 
Soil test borings may be required to be incorporated into the plans at the discretion of the Engineer or the Borough Council.
g. 
Detail sheets shall be made part of the plans showing each contemplated structure and typical sections in accordance with the Standard Specifications.
h. 
Each roadway intersection shall be shown to a one (1") inch equals twenty (20') feet scale, including profiles along each gutter line for a distance of at least one hundred (100') feet from the intersection.
i. 
Plans shall include complete drainage calculations for each inlet, section of pipe and gutter flow.
j. 
Plans and profiles shall be shown for each easement including, but not limited to, sanitary sewer, drainage, storm sewer, road, walkway, waterline, gas line and power line easements.
k. 
Plans shall also include plans and profiles for each driveway entrance to the proposed road, if requested by the Engineer.
l. 
A copy of the plans and Standard Specifications shall be kept on the job site at all times.
m. 
Approval of the plans by the Borough shall not be construed as acceptance of the road by the Borough.
[Ord. 274 § 5]
a. 
Clearing and Grubbing.
1. 
The right-of-way shall be cleared of brush, trees, stumps, topsoil and debris, except those trees as noted on the plans, which will remain. Trees within the right-of-way which are to remain shall be marked and protected with a four (4') foot high red painted snow fence around the tree, held in place with rigid posts at a radius of ten (10') feet for each foot of diameter of the tree. No excavation will be permitted within this radius without written approval of the Engineer.
2. 
Topsoil shall be stockpiled at the locations as shown on the plans. No topsoil shall be removed from the site but shall be utilized along the right-of-way.
b. 
Excavation and Embankment.
1. 
Excavation and embankment shall be accomplished in accordance with the Standard Specifications.
2. 
All embankments over three (3') feet thick shall be allowed to settle over one (1) winter season before the construction of any pavement or structures, unless otherwise directed by Engineer.
c. 
Subbase. A four (4") inch thick lift of composted quarry process stone shall be placed on the subgrade.
d. 
Slope Protections. Slope protection shall be in accordance with the Standard Specifications.
e. 
Subgrade. Preparations of the subgrade shall be in accordance with the Standard Specifications.
f. 
Base Course. The base course shall consist of a four (4") inch lift of Bituminous-Stabilized base mix, I-2 and shall be placed and compacted in accordance with the Standard Specifications.
g. 
Surface Course. The surface course shall be two (2") inches of Bituminous Concrete Type FABC-1 and shall be placed and compacted in accordance with the Standard Specifications.
[Ord. No. 274 § 9]
a. 
General. All drainage structures shall be designed by the "Rational Method" using rainfall intensities and volumes from the twenty-five (25) year storm event.
b. 
Underdrains. All underdrains shall be constructed of perforated PVC or polyethelene pipe and in accordance with the Standard Specifications.
c. 
Storm Drains. All storm drains shall be constructed of reinforced concrete pipe.
d. 
Manholes, Inlets and Catch Basins. All manholes, inlets and catch basins shall be pre-cast concrete structures. Inlets shall be provided at each intersection and at a maximum of four hundred (400') feet between structures, or as approved by the Engineer.
e. 
Headwalls. Headwalls shall be pre-cast or cast-in-place concrete.
[[1]Added 12-17-2019 by Ord. No. 1085-2019]
a. 
The Borough desires to protect itself from expenses resulting from responses to incidents involving hazardous materials. The Borough has determined that adopting such an ordinance is in the best interests of the public health, safety and welfare of the Borough.
b. 
The following terms are defined as follows:
APPROPRIATE OFFICIAL
The Chief of Police, the Fire Chief, the OEM Coordinator or the Department of Public Works Superintendent, as the case may be.
HAZARDOUS MATERIALS
Any materials classified as hazardous by any federal, state, or local law, regulation, or authority, and shall include, but not be limited to, any chemical that is combustible liquid, flammable gas, radioactive material, explosive, flammable, poison, organic peroxide, oxidizer, pyrophoric, unstable reactive, or water reactive or any other material that can cause serious disease or injury to humans, property or the environment.
INCIDENT
Actual or threatened release of a hazardous material, including hazardous waste, which poses an imminent threat to the environment and/or to the health, safety or welfare of the population and requires emergency response, incident assessment, control, containment and abatement of the immediate hazard.
RECOVERABLE EXPENSES
In connection with an incident, all actual costs or expenses incurred by the Borough, including, but not limited to, each of the following:
1. 
Charges for each Fire Department vehicle, including, but not limited to, pumpers, ladder trucks, tankers, rescue squads, brush units, command units and other vehicles. Hourly rates for these charges shall be established by resolution of the Borough Council.
2. 
Replacement costs for equipment that is contaminated or damaged beyond reuse or repair (such as turn-out gear or self-contained breathing apparatus).
3. 
Expenses of decontaminating and cleaning equipment.
4. 
Technical consulting services specifically required as a result of the incident, including, but not limited to, technical experts or specialists not otherwise available to the Borough.
5. 
Laboratory costs of analyzing samples taken during the incident.
6. 
Costs of cleanup, storage or disposal of the released hazardous material.
7. 
Unreimbursed medical and hospital expenses incurred as a result of the incident.
8. 
Legal, engineering, accounting, billing, collection and other administrative expenses incurred as a result of the incident, including, but not limited to, efforts to recover expenses pursuant to this section.
RELEASE
The accidental or intentional, sudden or gradual spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, containers and receptacles containing a hazardous material), whether such release occurs from a fixed facility or while the materials are being transported.
RESPONSIBLE PARTY
In connection with an incident, any individual or entity that participated in, or whose actions or inactions were a proximate cause of, an incident, and any individual or entity that is an owner, tenant, occupant or holder of any interest in real estate, buildings, equipment or other real or personal property onto which or from which hazardous materials were released.
c. 
Recovery of expenses. All responsible parties in connection with an incident shall be responsible to the Borough for the recoverable expenses relating to an incident. This responsibility shall be in addition to any other penalties, obligations, or remedies provided by law. The liability of responsible parties under this section shall be strict, joint and several, and without regard to fault.
d. 
Billing and collection procedures. After the conclusion of a hazardous materials incident or periodically prior to the conclusion of the incident, the appropriate official (or an agent of) shall submit an itemized list of all known recoverable expenses to the Borough Administrator, who shall prepare and send an invoice to all responsible parties for payment. The Borough Administrator's invoice shall demand full payment within 30 days after receipt of the invoice. Any additional expenses that become known to the Borough after mailing the first invoice shall be billed in the same manner to the responsible parties. Any amounts unpaid after 30 days after the due date will bear a late charge of 1% per month, or fraction of a month, or the highest legal limit of interest permitted by law, whichever is less.
e. 
Appeal process. Any responsible party may appeal the amounts listed in an invoice to the Borough Council. The appeal shall be filed in writing, delivered to the Borough Administrator not later than 15 days after the date the Borough Administrator invoices the responsible parties. The Borough shall give the appealing parties an opportunity to present evidence in support of their position. The appealing parties shall bear the burden of proof. After receiving all evidence deemed relevant by the Borough Council, the Borough Council shall make a decision on whether the expenses are properly recoverable under this section. An appeal to the Borough Council will not postpone or delay the applicable time periods for payment of any invoice issued under this section and will not toll the accrual of interest thereon. The Borough Council shall use reasonable efforts to make a decision no later than 30 days after hearing the appeal.
f. 
Violations; other remedies. A violation of this section shall be a municipal civil infraction. The Borough may pursue any other remedy or may institute any other appropriate action or proceeding to collect charges imposed under this section. The recovery of expenses imposed under this section does not relieve or limit liability of any person under any other local ordinance or state or federal law, rule or regulation.
[1]
Editor's Note: Former Section 15-6, Design and Layout of Streets, previously codified herein and containing portions of Ordinance No. 526, was repealed in its entirety by Ordinance No. 751. See separate volume entitled "Land Development Ordinance Borough of Peapack and Gladstone" for street design and layout regulations.