[1972 Code § 89A-1; Ord. No. 1359]
The owner, occupant or tenant of premises abutting or bordering
upon any street in the Borough shall remove snow and ice from the
abutting sidewalks of such streets in order to create a two foot path
or, in the case of ice which may be so frozen as to make removal impracticable,
shall cause the same to be thoroughly covered with sand, salt or other
suitable abrasive within 16 daylight hours after the same shall fall
or be formed thereon. In the case the building is occupied by more
than one family or business unit, then the tenant or occupant of the
first floor or story thereof is required to remove all snow and ice
from such portion of the sidewalks or, in the case of ice which it
is impracticable to remove, shall cover the same with sand, salt or
other suitable abrasive within 16 daylight hours after the same shall
be formed or fall thereon.
[1972 Code § 89A-2; Ord. No. 1359]
No owner, tenant or occupant of any premises abutting on any
street shall throw, place or deposit any snow or ice into or upon
any street in the Borough. It is the intent and purpose of this provision
to prohibit all persons from throwing, casting, placing or depositing
snow and ice which accumulates within the private property belonging
to such persons upon the sidewalks or streets of the Borough.
[1]
Editor’s Note: Prior ordinance history includes portions
of 1972 Code §§ 93-1 — 93-6 and Ordinance Nos. 1242,
1320, 1377, 1440, 1445, 1478 and 1716-97.
[Ord. No. 1985-06 § 2;
amended 3-18-2019 by Ord. No. 2278-19]
a.
No person, business, corporation or other entity (from now on called
"person") shall dig up, break, tunnel, undermine, disturb or in any
manner excavate any municipal street, road, right-of-way, or public
easement, or make or cause to be made any excavation in or under the
aforementioned areas for any purpose or place, or deposit, or leave
in any of the aforementioned areas any earth or other excavated material
obstructing or interfering with the free use of same unless such person
shall first have obtained an excavation permit therefor from the Municipal
Clerk. Openings may be made without the necessity of filing a written
application and obtaining an excavation permit only in emergencies,
such as a broken or frozen water main, gas leak or other happening
which would endanger public life, health and safety; provided, however,
that notice thereof shall be immediately given verbally to the Superintendent
of Public Works or Police Department and written application in accordance
with this chapter shall be made within 48 hours.
b.
No permit will be issued for an opening in excess of 10 square yards
in area, except for emergency openings or openings required by law,
during the period from the 1st day of December to the 15th day of
March.
[Ord. No. 1985-06 § 2; Ord. No. 2180-15; amended 3-18-2019 by Ord. No. 2278-19]
No excavation permit under this section shall be issued until
the person seeking such permit shall have first done the following:
a.
Made a written application for the issuance of such permit submitted
to the Municipal 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 of the person for whom the work
is to be performed.
2.
Name, address and telephone number of the person performing the work.
3.
Location of the work area, including a map or sketch.
4.
An outline or plan describing the work to be performed.
5.
Number of square feet of surface to be opened.
6.
Cubic yard content of material to be excavated.
7.
Type of surface to be removed or disturbed.
8.
Cubic yard content of material to be burrowed.
9.
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 the proposed work.
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 (the "Manual").
11.
The names and telephone numbers of at least two persons responsible
on a twenty-four-hour-call basis to handle emergency repairs for the
applicant.
12.
Plans to accompany application: The application shall be accompanied
by plans showing the extent of the proposed excavation work, the dimensions
and elevations of both the existing ground prior to the excavation
and of the proposed excavated surfaces, the location of the excavation
work, preconstruction color photographs of the excavation area and
surrounding area submitted electronically or by hard copy and such
other information as may be prescribed by the Borough Engineer, including
the complete plan, profile and details of any proposed curb, sidewalk,
pavements or other proposed improvements.
b.
A nonrefundable permit application fee shall be paid to the Borough of Manasquan prior to the issuance of any permit. In no case shall a permit be issued until the required fees and deposits have been paid. The fee schedule for the nonrefundable permit application fee is established in Schedule A as stated in Chapter 16, Fees.
c.
The applicant must furnish to the municipality a cash or surety bond of $3,500 minimum and not to exceed $8,000 to guarantee that the opening or trench made by the permittee will be closed properly. The amount of the cash deposit or surety bond is established in Schedule B as stated in Chapter 16, Fees. Upon completion of the work in a satisfactory manner, the bond or cash surety will 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 at least one year after the closing by the permittee. The minimum amount of each maintenance bond shall be $2,500. A utility company may, in lieu of giving a separate maintenance bond on each project, annually, once in January of each year, give the municipality such a bond for $10,000; provided that when the total square footage of openings or trenches made by the utility company reached 5,000 square feet, such utility company may give either an additional bond or deposit cash security in an amount equivalent to $3 per square foot of additional openings or trenches it desires to make in that calendar year.
The failure to carry out all required work and properly close
the area of the road opening shall require the forfeiture of any cash
or surety bond guaranteeing the work, or alternatively, require the
surety company to complete all required work in an acceptable manner;
provided, however, the cash or surety bond shall not limit the amount
of damages incurred by the municipality. The municipality reserves
the right to pursue additional claims against the permittee for all
damages in excess of the amount of the cash and/or surety bond.
[Amended 10-21-2019 by Ord. No. 2298-19]
d.
Deliver to the municipality satisfactory proof of insurance in the
minimum amount of $1,000,000 per person, and $3,000,000 per occurrence,
insuring the permittee and the municipality against liability for
injury or loss sustained by any person or persons as a result of the
acts of commission or omission of the permittee, or any servants,
agents or employees of the permittee.
[Ord. No. 1985-06 § 2;
amended 3-18-2019 by Ord. No. 2278-19]
a.
In the case of all openings larger than 16 square feet and four feet
deep, the application is subject to review by the Superintendent of
Public Works as to whether or not a permit should be issued. If it
is recommended by the Superintendent of Public Works that a permit
be issued, the Municipal Clerk shall issue the permit and forward
all monies collected to the Municipal Treasurer for deposit. If the
permit is denied, then the municipality shall retain the application
fee and notify the applicant in writing not later than five days after
the action denying the application.
b.
Except in emergent conditions, the permittee shall give a minimum
of 48 hours' notice of the proposed opening and/or excavation to all
persons owning property abutting on the street about to be opened
or excavated. Notice shall be given by personal service or by regular
mail upon all persons entitled to such service.
c.
All openings, excavations, backfilling or grading shall be done by
the person to whom the permit is issued. Such person shall give at
least 72 hours' written notice to the Superintendent of Public Works
prior to the commencement of any work.
d.
The area of the road opening shall be left in a broom clean condition.
e.
All work shall be performed and completed 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 Chief of Police. Street and/or traffic lanes approved for closure
to traffic must be closed and then reopened at the times specified
in the application, with no deviations permitted. The Police Department
shall be informed in writing of all street closings at least 24 hours
in advance, except where the work is of an emergency nature, in which
case notice shall be given to the Police Department when work commences.
f.
Construction work will be permitted only between 8:00 a.m. and 6:00
p.m., Monday through Saturday. The Mayor and Council, Municipal Engineer
and Superintendent of Public Works must approve emergency situations
or work required beyond permitted time.
g.
The Municipal Clerk shall provide each permittee with a suitable
placard plainly written or printed in letters at least one inch high
with the following notice: "Borough of Manasquan, Permit No. __________,
Expires _____." In the first blank space, there shall be inserted
the number of the permit and after the word "Expires" shall be stated
the date when the permit expires. It shall be the duty of any permittee
to keep the placard posted in a conspicuous place at the site of the
excavation work. If shall be unlawful for any person to exhibit such
placard at or about an excavation not covered by the permit, or to
misrepresent the number or date of expiration of the permit.
[Ord. No. 1985-06 § 2;
amended 3-18-2019 by Ord. No. 2278-19]
When the municipality shall improve or pave any street, the
Municipal Clerk (or designee) shall give notice by regular mail to
all persons owning property abutting on the street about to be paved
or improved, and to all public utilities and authorities operating
in the municipality. All such persons, utilities, and authorities
shall make all connections as well as any repairs thereto which would
necessitate excavation or disturbance of the street, within 45 days
from the provision of such notice. The time may be extended if permission
is requested in writing and approved by the Mayor and Council (or
designee).
[Ord. No. 1985-06 § 2;
amended 3-18-2019 by Ord. No. 2278-19]
a.
No permit shall be issued 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, unless the applicant
can clearly demonstrate that public health or safety requires that
the proposed work be permitted or unless an emergency condition exists.
For streets that have been resurfaced or reconstructed within five
years of the date of the street opening, the seams of the surface
pavement repair shall be blended with the existing pavement surface
utilizing an infrared pavement restoration process.
b.
In such cases, the applicant shall make the request for a waiver
of the permit moratorium in writing to the attention of the Superintendent
of Public Works (or designee).
[Ord. No. 1985-06 § 2;
amended 3-18-2019 by Ord. No. 2278-19]
a.
Whenever an opening is made in a paved road, the surface pavement
shall be cut with a pavement cutter no wider than one foot outside
of the proposed excavation. Where paved sidewalks and gutters or curbing
are to be crossed, they shall in no case be removed, but the work
shall be done by tunneling beneath them. The work shall be so conducted
as to not interfere with the water, sewer or gas mains or any connections
with any building or structure until permission of the proper authorities
shall have been obtained. All rock within five feet of any water,
sewer or gas main or other pipe, which may be damaged thereby, shall
be removed without blasting. No excavation that will result in damaged
trees or shrubbery shall be made without the approval of the Superintendent
of Public Works.
b.
In the event of a snow or ice storm, the permittee will be required
to take whatever steps the Superintendent of Public Works (or designee)
deems necessary to secure the traveled way for snow removal operations.
At the first sign of precipitation, 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 snow removal operations
until the weather permits resumption of work.
c.
The permittee shall maintain the trench and regrade the subgrade
as required until final paving is installed. In case the work has
not been completed before the day of expiration as shown in the permit
and the permittee has not requested an extension of time, the Superintendent
of Public Works may, if deemed to be advisable and necessary, take
steps to backfill the trench and replace a permanent pavement over
the opening for which the permit has been issued, and if any extension
of time beyond said date is needed for the completion of work, a new
application must be filed if required by the Superintendent of Public
Works (or designee).
d.
The restoration of the opening or trench shall be maintained for
one year after completion.
e.
In the event that the proposed excavation or opening is to extend
across the entire width of a public street, no more than 1/2 of the
traveled road surface shall be opened at any one time and such half
shall be backfilled before the other half is opened. No excavation
within and/or immediately adjacent to roadways available to traffic
shall remain open after the hour of 6:00 p.m. nor over any weekend
or holiday, unless special permission has been granted by the Superintendent
of Public Works.
f.
All excavations shall be 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
precaution reasonably necessary for the protection of persons or property.
If the Chief of Police (or designee) determines the work site is not
properly barricaded or provided with warning lights, the permittee
shall correct this condition within four hours of receiving such verbal
communication.
g.
The excavation of all piles of excavated material or any stored material
to be used in the work to be performed shall be carefully marked with
barriers complete with appropriate warning devices that shall conform
to the Manual. The permittee shall take appropriate measures to assure
that, during the performance of the excavation work, traffic conditions
shall be maintained at all times so as to minimize inconvenience to
the public and to the occupants of the adjoining property, and to
assure the passage of emergency vehicles including first aid, fire
and police. If the Chief of Police (or designee) determines the work
site is not properly marked with barriers and appropriate warning
devices, the permittee shall correct this condition within four hours
of receiving such verbal communication.
h.
During the hours of actual operation, construction, excavation or
other work at the site, the permittee shall maintain and have in attendance
at least one flagman, or a uniformed police officer if deemed necessary
by the Chief of Police for the safety of the general public, who shall
be responsible for the flow of traffic to assure safe passage of vehicles
in both directions and to avoid traffic hazards during the use of
heavy equipment. When traffic conditions permit, the Chief of Police
(or designee) may by written approval permit the closing of municipal
streets to all traffic for a period of time prescribed by the Chief,
if in the Chief's opinion it is necessary. Such written approval shall
require that the permittee give notification to all public agencies,
first aid and fire companies, and to the general public. The written
approval shall not be valid until such notice is given. Warning signs
shall be placed far enough in advance of the street opening and cones
or other approved devices shall be placed to channel traffic, in accordance
with the instructions of the Chief of Police (or designee).
i.
The permittee shall maintain safe crossings for two lanes of traffic
at all intersections where possible, and safe crossings for pedestrians
at intervals not more than 300 feet.
j.
No work may commence before markout 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 Superintendent of Public Works.
k.
No person shall divert or pump surface or other waters onto or across
municipal roads or do any act upon property abutting municipal roads
resulting in the flow or spill of water from the property across the
municipal roads. No dewatering equipment, well, points, or piping
shall occupy the traveled portions of roadways unless specifically
approved and adequately protected to the satisfaction of the Superintendent
of Public Works.
l.
Effluent from dewatering systems shall be discharged in such a manner
that erodible soils are not adversely affected. All silt and sediments
being carried in the dewatering effluent must be intercepted prior
to effluent discharge into any drainage system through use of a sedimentation
basin designed to allow retention of discharge for sufficient time
to render such waters free of suspended silt and sediments. The use
of screening devices in lieu of a sedimentation basin must receive
specific approval and be employed only for minor flows.
m.
The permittee shall not interfere with any existing utility without
the written consent of the utility owner. If it becomes necessary
to relocate an existing utility, this shall be done by the owner.
No utility owned by the municipality shall be moved to accommodate
the permittee unless the cost of such work be borne by the permittee.
The cost of moving a privately owned utility shall be similarly borne
by the permittee unless it makes other arrangements with the person
or persons owning the utility. The permittee shall support and protect,
by methods approved by the Superintendent of Public Works or Municipal
Engineer, all pipes, conduits, poles, wires and other apparatus which
may be in any way affected by the excavation work, and do everything
necessary to support, sustain and protect them under, over, along
and across the work. The permittee shall secure approval of method
of support and protection from the owner of the utility in case any
of the pipes, conduits, poles, wires or apparatus should be damaged,
and for this purpose pipe coating or other encasement of devices are
to be considered as part of a substructure, the permittee shall promptly
notify the owner thereof. All damaged utilities shall be repaired
by the agency or person owning them and the expense of such repairs
shall be charged to the permittee. It is the intent of this subsection
that the permittee shall assume all liability for damage to utilities
and any resulting damage to or injury to anyone because of such utility
damage and such assumption of liability of a contractual obligation
of the permittee. The only exception will be such instances where
damage is exclusively due to the negligence of the owning utility.
The municipality shall not be made a party to any action because of
this section.
[Ord. No. 1985-06 § 2;
amended 3-18-2019 by Ord. No. 2278-19]
a.
All material excavated from trenches and piled adjacent to the trench
or in any street shall be piled and maintained in such manner as not
to endanger those working in the trench, pedestrians or users of the
streets, and so that as little inconvenience as possible is caused
to those using streets and adjoining property. Where the confines
of the area being excavated are too narrow to permit the piling of
excavated material beside the trench, the Superintendent of Public
Works or Municipal Engineer shall have the authority to require that
the permittee haul the excavated material to a storage site and then
rehaul it to the trench site at the time of backfilling. It shall
be the permittee's responsibility to secure the necessary permission
and make all necessary arrangements for all required storage sites.
If material requires disposal, the permittee shall dispose of all
excavated materials at an approved location for this purpose. In its
application, the permittee shall also describe in detail the location
where any and all excavated materials shall be disposed of and provide
written documentation that the proposed location for disposal is an
approved location for this purpose. If said location is a landfill,
the permittee shall provide proof that said landfill is registered
and licensed to accept such material.
b.
All material excavated shall be laid compactly along the side of
the trench and kept trimmed so as to cause as little inconvenience
as reasonably possible to vehicular and pedestrian traffic, or as
specified by the Superintendent of Public Works or Municipal Engineer.
Whenever necessary, in order to expedite the flow of traffic or to
abate the dirt or dust nuisance, toe boards or bins may be required
by the Superintendent of Public Works or Municipal Engineer to prevent
the spreading of dirt into traffic lanes. Further, no person shall
place any material on or along any municipal road, gutter, or shoulder
resulting in any stoppage of drainage along the road or roads or place
material in a manner to cause it to drain into the stormwater management
system.
c.
Any and all material excavated and stored or piled at or near any
intersection, driveway or other access roads or alleys shall be so
stored and piled as to provide an adequate line of site for those
persons entering and exiting the intersections, alleys or driveways,
which line of sight shall provide a minimum of 150-foot visibility.
d.
The permittee shall completely backfill the excavation as much 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 Superintendent of Public Works or Municipal
Engineer shall deem the material unsatisfactory for backfill, the
permittee 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.
e.
Where excavations are made in tunnels beneath concrete pavement or
beneath a pavement having a concrete base, the tunnel shall be backfilled
with rammed concrete composed of one part of cement, two parts of
sand, and five parts of broken stone or washed gravel, or another
approved material, tamped into place so that the cavity is completely
filled.
f.
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 permittee and shall be
completed to the satisfaction of the Superintendent of Public Works.
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 permittee 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 permittee. The permittee shall also be liable for the cost thereof
under the surety provided hereunder.
g.
The methods of construction for excavation and backfill shall be
in accordance with Division 200 of the New Jersey Department of Transportation
(NJDOT) Standard Specifications for Road and Bridge Construction,
latest edition, and such other provisions as are included herein and
as may be added in the special conditions. No road opening or excavation
of a cross trench shall extend beyond the center line of the road
before being backfilled, compacted and the surface of the roadway
temporarily restored.
[Ord. No. 1985-06 § 2;
amended 3-18-2019 by Ord. No. 2278-19]
a.
Requirements to restore surface. The permittee shall restore the
surface of all the streets, driveways, sidewalks, aprons, grassed
or other right-of-way areas broken into or damaged as a result of
the excavation work to its original condition in accordance with the
specifications of the Superintendent of Public Works or the Municipal
Engineer.
b.
Criteria for repairs.
1.
Within grassed areas, the top four inches of the trench and any other
areas damaged during construction shall be backfilled with topsoil
as defined in Division 800 of the NJDOT Standard Specifications for
Road and Bridge Construction, latest edition. Then, all of the newly
placed topsoil shall be fertilized and seeded per these specifications.
2.
Within the limits of gravel areas or any other nondecorative gravel
surface, the top of the trench shall be backfilled with eight inches
of dense graded aggregate (DGA) base course as defined in Division
300 of the NJDOT Standard Specifications.
3.
Within asphalt roadways, all trenches shall be brought up to 12 inches
below the surface as required in the backfilling sections listed previously.
The remaining void shall be backfilled with a temporary repair of
six inches of DGA base course as defined in Division 300 of the NJDOT
Standard Specifications and six inches of hot mix asphalt (HMA) 19M64
base course as defined in Division 400 of the NJDOT Standard Specifications.
(a)
The temporary pavement shall remain in place for a period of
at least three months and no longer than four months to allow for
residual settlement to take place. During this time, the permittee
shall assure maintenance of the pavement surface. Manholes, valve
boxes or other physical utility obstructions shall have feathered
approaches not to exceed a 5% slope where necessary and temporary
pavement striping shall be restored by the permittee for adequate
traffic control.
(b)
The final asphalt paving will depend on the size of the trench:
(1)
Where 20% or more of the existing surface width and/or a distance
parallel or longitudinal to the roadway center line of 25 feet or
more has been disturbed, the permittee shall mill the entire pavement
surface from edge to edge or curb to curb and the full length of the
trench plus five feet each side at a minimum depth of two inches.
All milling and disposal of millings shall be done in accordance with
Division 400 of the NJDOT Standard Specifications. The permittee shall
clean and sweep the milled surface and apply tack coat in preparation
for immediate paving. The area will then be paved with two inches
of HMA 9.5M64 surface course in accordance with Division 400 of the
NJDOT Standard Specifications. The Borough will require that the terminal
ends of the paving be keyed and cut vertical to provide a smooth transition
to the existing asphalt surface. Feathering will not be allowed.
(2)
Where less than 20% of the existing surface and a distance parallel
or longitudinal to the roadway center line of less than 25 feet has
been disturbed, the permittee shall sawcut the existing surface course
two inches deep at a location 12 inches beyond the trench surface,
and remove the existing pavement to the same depth. Pavement removal
shall be done by milling or another method as approved by the Superintendent
of Public Works or the Municipal Engineer. The permittee shall clean
and sweep the milled surface and apply tack coat in preparation for
immediate paving. The area will then be paved with two inches of HMA9.5M64
surface course in accordance with Division 400 of the NJDOT Standard
Specifications. The Borough will require that the terminal ends of
the paving be keyed and cut vertical to provide a smooth transition
to the existing asphalt surface. Feathering will not be allowed.
4.
Within limits of portland cement concrete roadways, all trench openings
shall be backfilled and compacted as previously required, a satisfactory
foundation prepared, the reinforcement restored and the concrete pavement
equal in thickness to that in place in the roadway replaced with concrete
as determined in Division 400 of the NJDOT Standard Specifications.
5.
Within sidewalk areas, all trench openings shall be backfilled and
compacted as previously required, and finished with a concrete sidewalk,
four inches thick and at least four feet wide with compressive strength
of not less than 4,000 psi after 28 days. The sidewalk shall be broom
finished with striations perpendicular to walking traffic. Troweled
joints shall be installed not less than every four feet (or distance
equal to the sidewalk width) and bituminous joints installed every
20 feet. At points of vehicular crossings, the sidewalk shall be increased
to six inches thick and one row of welded wire fabric (six-inch-by-six-inch
pattern, W2.1:x2.1 gauge) shall be added at the mid-depth of the concrete.
6.
Road openings and/or trenches involving unusual or special conditions
including attachment to bridges shall be restored in accordance with
and pursuant to the direction of the Superintendent of Public Works
or the Municipal Engineer.
c.
Temporary surface restoration in traffic lanes. The permittee may
be required to place a temporary surface over openings 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 paving slab shall be tamped into place, and this
fill shall be topped with a minimum of at least two inches of bituminous
mixture 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. The
asphalt which is used shall be in accordance with the specifications
of the Superintendent of Public Works or the Municipal Engineer. If,
in the judgement of the Superintendent of Public Works or the Municipal
Engineer, 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, he may direct the permittee to lay a temporary pavement
of steel plate or other suitable material designated by him over the
cut or excavation to remain until such time as the repair of the original
pavement may be properly made.
d.
Permanent street restoration. Permanent restoration of the street
may be made by the permittee in strict accordance with the specifications
prescribed by the Superintendent of Public Works or the Municipal
Engineer to restore the street to its original and proper condition,
or as near as may be. When, in the opinion of the Superintendent of
Public Works or the Municipal Engineer, the full width overlay will
present a hazardous condition and jeopardize the health, safety and
welfare of the general public, the Superintendent of Public Works
or the Municipal Engineer shall direct the permittee the method of
restoration of the roadway surface.
[Ord. No. 1985-06 § 2]
The Municipality 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 Municipality. Every person 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 Municipality for any loss or damage that might result by reason
of such revocation.
[Ord. No. 1985-06 § 2]
Nothing contained in this section shall be construed as requiring
the issuance of a permit for the performance of any opening or excavation
by the Municipality.
[Ord. No. 1985-06 § 2]
Any person, firm or corporation that shall be convicted of a violation of a provision of this section shall, upon conviction whereof by any court authorized by law to hear and determine the matter, be liable to the penalty stated in Chapter 1, Section 1-5. Each day that such violation exists shall constitute a separate offense.
Nothing in this section shall be construed by any permittee
or other person to absolve any permittee or its employees, agents
or contractors of any responsibility for any damage done to any person
or property in opening or digging a trench in any public road, street,
or highway.
[Ord. No. 1985 § 2]
The permittee shall indemnify and save harmless the Municipality,
its officers, agents and employees from any loss, injury or damage
resulting from any negligence or fault of the permittee, 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 section shall be deemed a covenant by such permittee to so
indemnify and save harmless the Municipality.
[Ord. No. 1985-06 § 2]
In the event that any sentence, subsection or clause of this
section shall be declared illegal or unconstitutional by a court of
competent jurisdiction, this declaration shall not in any manner prejudice
the enforcement of the remaining provisions hereof as long as same
permits the enforcement of the spirit and intent of this section.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 1709-96 and 1852-01.
[Ord. No. 1896-02 § 3]
Prior to construction, alteration or removal of any sidewalk,
driveway apron or curb or any part thereof within a public right-of-way,
a property owner shall obtain a permit to be issued by the Zoning
Officer.
[Ord. No. 1896-02 § 3]
Application for a permit to construct, alter or remove any sidewalk,
driveway apron or curb or any part thereof within a public right-of-way
shall be made to the Zoning Officer. The application, on form to be
provided by the Zoning Officer, shall contain the following information:
a.
Name and address of applicant;
b.
Name and address of person performing the proposed work;
c.
Location, by tax map block and lot and street address, of the property
where the work is to be performed;
d.
Estimated cost of the work;
e.
Detailed drawing showing: the exact location of the proposed work
in relation to the nearest street intersection; the proposed width
and relationship to the grade of the street and adjacent properties;
and, in the case of a driveway apron, its slope or pitch;
f.
Other information required by the Zoning Officer in order to determine
that the work is performed in accordance with this section.
[Ord. No. 1896-02 § 3; Ord. No. 1996-07 § 3; Ord. No. 2180-15]
A fee as stated in Chapter 16, Fees, shall be submitted with the application for a permit.
[Ord. No. 1896-02 § 3]
A permit is not required for the following:
[Ord. No. 1896-02 § 3]
a.
All materials and work shall be in accordance with specifications
on file in the office of the Zoning Officer.
b.
Any sidewalk, driveway apron or curb which is removed shall be promptly
replaced in accordance with municipal specifications.
c.
No concrete sidewalk, driveway apron or curb shall be replaced or
covered with asphalt.
d.
Whenever a curb cut or driveway depression is required, the entire
section or sections of curb or curb and driveway depression shall
be removed and replaced. Breaking and capping of curbing is prohibited.
e.
Any new or reconstructed curb shall be 18 inches high. The base shall
be eight inches wide, the top shall be six inches wide, and the face
shall be six inches above the street or gutter adjacent to the curb.
If, in the opinion of the Zoning Officer, the existing street profile
does not allow conformance with these specifications, the Zoning Officer
may provide alternate specifications.
f.
Curbs shall be constructed with concrete; provided however, slate
or Belgian block may be utilized if the adjoining curb is constructed
of the same material.
g.
Any new or reconstructed sidewalk or driveway apron shall be constructed
with concrete. Existing sidewalks or driveway aprons composed of slate,
brick or other similar materials may be replaced with such identical
materials.
[Ord. No. 1896-02 § 3]
An applicant shall notify the Zoning Officer at least 24 hours
prior to pouring or laying any sidewalk, driveway apron or curb so
that arrangements may be made for inspection and testing.
[Ord. No. 1896-02 § 3]
The Code Enforcement Official shall conduct inspections and
determine if existing sidewalks, driveway aprons or curbs are in need
of repair or replacement. The Code Enforcement Official shall make
recommendations concerning this work based on the standards contained
in this section.
a.
A written notice shall be sent to a property owner explaining the
work to be undertaken. The notice shall require that the work be performed
within 60 days of the date of the notice;
b.
Written notice shall be mailed, postage prepaid, to the property
owner's last known post office address;
c.
If the property owner's post office address cannot be ascertained,
a notice shall be published once a week for two consecutive weeks
in an official newspaper of the Municipality.
[Ord. No. 1896-02 § 3]
Where the Municipality is unable to locate a property owner
or the property owner fails to complete the required work, the Municipality
may undertake all necessary work.
[Ord. No. 1896-02 § 3]
Upon the completion of the work, the Code Enforcement Official
shall certify the cost of the work to the Governing Body. The Governing
Body shall adopt a resolution confirming the cost of the work, which
shall become a lien upon the property on or adjacent to where the
work was performed. The amount of this lien shall be collected in
the manner provided by law for the collection of assessments and shall
bear interest at the same rate. Additionally, the Municipality may
institute litigation to recover the amount of the lien against the
property owner.
[Ord. No. 1896-02 § 3]
a.
Construction and Replacement. The Zoning Officer shall have jurisdiction
relating to the construction and replacement of sidewalks, driveway
aprons and curbs.
b.
Repair and Maintenance. The Code Enforcement Official shall have
the jurisdiction relating to the repair and maintenance of sidewalks,
driveway aprons and curbs.
[1]
Editor's Note: Former Subsection 20-3.11, Assessment
Cost Formula for the Construction or Reconstruction of Sidewalks,
Driveway Aprons or Curbs Undertaken by the Municipality as a Local
Improvement Project, Ord. No. 2005-07 § 9, was repealed
6-17-2019 by Ord. No. 2292-19.
[1972 Code § 94-5; Ord. No. 1634-94; Ord. No. 1776-98 § 2; Ord. No. 1852-01 § 4; Ord. No. 2174-15; Ord.
No. 2208-2016; Ord. No. 2227-2017; amended 9-21-2020 by Ord. No. 2311-20]
a.
A driveway exclusive of curb return radii shall not exceed 12 feet
in width at the curbline; provided, however, if a property contains
a two-car garage facing a street, the driveway exclusive of curb return
radii shall not exceed 20 feet in width at the curbline.
1.
Notwithstanding the above provision, an existing driveway exclusive
of curb return radii may be replaced or reconstructed for its existing
width; provided, however, no repaired or reconstructed driveway exclusive
of curb return radii shall exceed 20 feet in width at the curbline.
b.
A curb return radius from a driveway at its entrance to a public
street shall be a minimum of five feet.
c.
The width of a driveway exclusive of curb return radii shall not
exceed 20 feet.
d.
A maximum of one curb cut is permitted for each building lot.
e.
The outer edge of the driveway must be set back at least one foot
from the side property line.
f.
In the R-1 and R-2 Zones a driveway may be expanded to the width
of the two-car garage provided that the maximum width of the driveway
at the property line does not exceed 20 feet.
[1972 Code § 94-6; Ord. No. 1634-94 § 1]
The following regulation shall apply in all zone districts:
at the intersection of two streets, a curb cut shall be set back not
less than 25 feet from the intersection of the two curbs. A minimum
separation of 50 feet shall be maintained between curb cuts serving
the same property.
[1972 Code § 94-7; Ord. No. 1671-95; Ord. No. 1852-01 § 5]
A property owner may appeal for a waiver of the provisions or regulations under subsections 20-4.1 and 20-4.2 within 15 days of receipt of the issuance of a notice of violation of these regulations or the denial of an application for a permit to authorize construction of a curb, curb cut, apron and/or driveway. A written appeal shall be filed with the Code Enforcement Officer and set forth specifically: (1) a statement of the requirements of the regulation from which the appeal is made; (2) a statement of the manner by which strict compliance with the regulations would result in undue hardship; (3) a statement of the nature and extent of the undue hardship; and (4) a statement of feasible alternatives to the requirements of the regulation.
The written appeal of the property owner shall be considered
by the Code Enforcement Official, Zoning Officer and at least two
members of the Law and Ordinance Committee. The reviewing authority
shall review and decide any appeal filed with it within 30 days after
the filing of the appeal. The failure of the reviewing authority to
decide the appeal within the period prescribed shall constitute an
affirmance of the decision of the Code Enforcement Official. Waivers
may be granted for reasons of hardship related to physical conditions
such as inability to gain access to a rear yard area; prohibition
of on-street parking; existence of multiple units exceeding the allowable
driveway capacity; existence of common driveways and other similar
conditions. Financial ability to comply with these regulations shall
not be considered when determining if a hardship exists.
[1]
Editor's Note: Former Section 20-5, Standards for Construction and Maintenance of Sidewalks, Driveway Aprons and Curbs, previously codified herein and containing portions of Ordinance No. 1769-98 was repealed in its entirety by Ordinance No. 1896-02. See Section 20-3 for construction and maintenance of sidewalks, driveway aprons and curbs.
[Ord. No. 1810-2000 § 1]
a.
An application shall be made to the Zoning Officer prior to the installation
or construction of any improvement on real property having an impervious
surface.
Impervious surface shall mean nonpermeable surfaces, including
but not limited to, buildings, parking areas, driveways, service areas,
streets, walkways, patios, pools and plazas. With reference to walkways,
patios and plazas, the materials utilized in the construction of such
areas may be determined to be permeable based upon commonly accepted
construction standards. All required parking areas which are permitted
to remain unimproved and all gravel areas and landscape areas shall
be considered as impervious surfaces if they are lined with weed-inhibiting
impervious plastic or other impervious material.
b.
If the Zoning Officer determines the application complies with the provisions of Chapter 35, Zoning, of the Municipal Code and other applicable laws, the Zoning Officer shall issue a zoning permit to the applicant. The applicant may then request that the Construction Official issue a construction permit.
All existing impervious surfaces may be repaired or replaced by other impervious surfaces notwithstanding that the total amount of impervious surface exceeds maximum coverage requirements; provided however, the existing impervious surfaces in excess of ordinance requirements cannot be further expanded without application to the Planning Board for relief of the provisions of Chapter 35, Zoning.
Nothing contained in this section shall exempt any property
from CAFRA requirements or review, nor shall any approval or relief
granted by the Zoning Officer or the Planning Board violate CAFRA
requirements.
c.
If the Zoning Officer determines that the application does not conform with the provisions of Chapter 35, Zoning, or other applicable laws, the Zoning Officer shall issue a written denial of the application and inform the applicant of the procedure to apply to the Planning Board for relief of the provisions of Chapter 35, Zoning.
[Ord. No. 1810-2000 § 1; Ord. No. 2057-09 § 10]
A plot plan shall be submitted to the Zoning Officer prior to
the commencement of construction or installation of any improvement
on real property having an impervious surface. The plot plan shall
show all existing and proposed buildings, structures and improvements
having an impervious surface on the real property. If a plot plan
is not available, a fully dimensioned sketch of the property showing
the size, square footage coverage and location of all existing and
proposed buildings, structures and improvements having an impervious
surface on the real property may be provided to the Zoning Officer
for review. The sketch shall be signed by the property owner certifying
to its accuracy, and shall be signed by the Zoning Officer following
review of the accuracy of the sketch. After a written determination
is made by the Zoning Officer that the proposed improvements having
an impervious surface conform with applicable zoning requirements,
the Zoning Officer shall issue a zoning permit to the applicant. The
applicant may then request the Construction Official issue a construction
permit. The applicant must also submit an affidavit certifying that
the plot plan/survey or sketch is accurate.
[Ord. No. 1810-2000 § 1]
A grading plan prepared by a licensed engineer shall be submitted
for the construction of any new improvement having an impervious surface
on real property in excess of 500 square feet. The plan must demonstrate
that surface water does not spill onto neighboring properties and
that the proposed grade elevation will not negatively impact neighboring
properties. The grading plan shall be subject to review and approval
of the Construction Official and Municipal Engineer.
[Ord. No. 1810-2000 § 2]
Any person, firm, entity or corporation violating any of the
provisions of this section shall, upon conviction hereof, be subject
to a fine not to exceed $1,000 or imprisonment for a term not to exceed
90 days, or both, at the discretion of the court having jurisdiction
in this matter. The court shall have the discretion to impose a term
of community service in lieu of imprisonment. Each day that a violation
continues shall be deemed a separate offense.
[Ord. No. 1809-2000 § 1]
No person shall install or construct or cause to be installed
or constructed any impervious improvement between an existing curb
and the border of private property abutting the right-of-way of a
public street. In the absence of a curb, no person shall install or
construct or cause to be installed or constructed any impervious improvement
between the edge of a street and the border of private property abutting
the right-of-way of a public street.
Impervious improvement shall mean any improvement having a nonpermeable
surface or any area covered by weed-inhibiting plastic or other material.
[Ord. No. 1809-2000 § 2; Ord. No. 1851-01 § 1]
Notwithstanding the prohibition established in subsection 20-7.1 above, sidewalks, driveway aprons and curbs may be installed in the right-of-way of a public street by a property owner who obtains a permit under the provisions of Ordinance No. 1769-98, (Section 20-5 of the Municipal Code). A pervious area shall be maintained between the sidewalk and curb unless the existing alignment with adjacent curbs and sidewalks precludes the establishment of the pervious area. The width of the pervious area shall be the same or coincidental with adjoining curbs and sidewalks. No trees shall be planted within a pervious area between a curb and sidewalk unless such planting is approved by the Manasquan Shade Tree Commission.
[Ord. No. 1809-2000 § 3]
Any person, firm, entity or corporation violating any of the
provisions of this section shall, upon conviction hereof, be subject
to a fine not to exceed $1,000 or imprisonment for a term not to exceed
90 days, or both, at the discretion of the court having jurisdiction
in this matter. The court shall have the discretion to impose a term
of community service in lieu of imprisonment. Each day that a violation
continues shall be deemed a separate offense.
