Borough of Farmingdale, NJ
Monmouth County
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Table of Contents
Table of Contents
[Editor's Note: For regulations regarding obstructions and nuisances on sidewalks and curbs and litter on sidewalks, see Chapter 3, subsection 3-1.5.]
[Ord. No. 128 § 1]
No person, company, firm or corporation shall remove, excavate, dig or in any way disturb the surface of any street for any purpose without first obtaining a written permit for so doing by the Borough Clerk.
[Ord. No. 128 § 2; New]
Permit forms shall be obtained from the Borough Clerk and shall contain a clear and definite description of the location together with the approximate size of the opening to be made. The application shall be accompanied by a sketch which will clearly show the location of the proposed opening, together with application fee of $200. All fee applications shall be approved by the Borough Engineer before a permit is issued.
[Ord. No. 128 § 3]
The work on any opening to be made under the permit provided for in this section shall be commenced within 10 days from the date of the permit and the work prosecuted with due diligence until its completion. If for any reason the work is not commenced within the period of 10 days, the permit shall be void unless within such period of 10 days the applicant shall present the permit to the Borough Clerk, who shall thereupon either return the deposit or extend the time for the beginning of the work for another period of 10 days by endorsement of the permit.
[Ord. No. 128 § 4]
The applicant shall pay the Borough Clerk before any permit is granted the sum of $75 for each and every proposed opening of not more than 100 square feet in area. An additional payment of $15 will be required for each additional area of 100 square feet or fraction thereof. This amount shall be retained by the Borough as compensation for engineering services under this section. In addition to this payment the applicant shall be required to post a bond or deposit a check of $1,000 to the Borough Clerk for each 100 square feet or portion thereof to insure the proper restoration of the road surface. The applicant shall completely backfill the area, tamp and resurface the street for approval by the Department of Public Works. After approval by the Department of Public Works, the deposit may be returned to the applicant. If the excavation or opening is of unusual length, the cost shall be increased at the recommendations of the Borough Engineer.
[Ord. No. 128 § 5]
In case of an emergency, an emergency permit may be issued by the Borough Clerk or the Police after which an application for a permit, as hereinbefore required, shall be made to the Borough Clerk, within 48 hours after the work has been commenced.
[Ord. No. 128 § 6; Ord. No. 03-04]
The permittee shall immediately backfill the opening with excavated material if such material is suitable, in layers not exceeding two feet in thickness if heavy compacting equipment is used, or in layers not exceeding one foot in thickness if light compacting equipment is used. This fill shall be brought to an elevation of six inches below the permanent surface. If the Borough Engineer determines that the excavated material is not suitable for backfilling as specified, then it shall be removed from the site and the opening backfilled as herein specified with suitable material, then six inches of road gravel of a grade satisfactory to the Borough Engineer shall be applied and thoroughly compacted. This temporary restoration shall be checked for settling and all holes shall be filled evenly with the surface of the adjoining pavement.
Once the excavation work area has been properly saw cut, and the backfill tamped and compacted, the permittee shall install no less than six inches of hot mix asphalt base course, Mix I-2, as set forth in the NJDOT Standard Specifications for Roads and Bridges, to the trench surface. If the distance from the edge of the excavation work area to the existing curb is less than two feet, the permittee shall be required to excavate to the curb and evenly install six inches of hot mix asphalt base course in the entire area.
The partially restored pavement shall be allowed to settle for no less than 90 and no more than 180 days. If at any time during the settlement period, the trench becomes unacceptable as determined by the Engineer, the permittee shall be notified of the condition requiring repair, and such repair shall be performed within 24 hours of such notification by the Borough Engineer. If the repair is not made in the time specified, the Borough may make the repair and any cost thereof will be charged against the permittee's surety.
At the end of the period of time of settlement required by the Borough Engineer, the permittee shall be required to mill the excavation work area surface to a width equal to one foot wider on each side of the initial repair and install no less than two inches of hot mix asphalt surface course, Mix I-5 as set forth in the NJDOT Standard Specifications for Roads and Bridges. The permittee shall also be required to provide a tack coat on all existing bituminous and concrete surfaces and hot-poured, rubber asphalt joint sealer, as set forth in Section 908 of NJDOT Standard Specifications for Roads and Bridges.
If and when required by the Borough Engineer or Borough Council the patched area shall be restored by an "infrared" pavement restoration process.
Unless authorized by the Street Superintendent, any excavation less than 100 square feet shall require milling and restoration of the excavation work area extending a minimum of one foot beyond the edge of excavation to the nearest curb. Any excavation equal to or greater than 100 square feet shall require milling and restoration of the excavation work area extending from the centerline of road to the curb and extending a minimum of one foot beyond the outer edges of the excavation. If the excavation work area will be within 200 feet or less of previous excavations occurring within one year of the subject excavation (by same permittee along the same side of the road), the permittee shall be required to mill and restore the roadway between the outermost excavations.
The permittee shall be required to replace any facilities including, but not limited to, curb, pavement, sidewalk, line stripping, etc., that is affected by the excavation and restoration work. Such work shall be performed at the permittee's expense.
[Ord. No. 128 § 7]
The excavation and all piles of excavated materials or any material used in the work to be performed in the opening for which a permit is issued shall be carefully guarded and lighted by the applicant who shall be liable for damages caused by the prosecution of the work or failure to properly guard or maintain the same.
[Ord. No. 128 § 8]
By the making of an application of a permit, the permittee agrees to save harmless the Borough of Farmingdale, its offices, agents and servants from and against any loss, injury or damage resulting from any negligence or the fault of the permittee in the case of work covered by the permit. The permittee shall file with the Borough Clerk a certificate of insurance in amounts to be determined by the Borough Engineer in accordance with the practice of the trade naming the Borough of Farmingdale as a name insured, which coverage shall run to the benefit of the Borough's offices, agents and servants.
[Ord. No. 128 § 9]
For the violation of the provisions herein contained, the permit may be revoked and the excavation or opening may be filled by the Borough and the street restored at the cost and expense of the permittee.
[Ord. No. 03-04]
When the Borough, person or entity improves or paves any public street or highway the Borough shall first give notice to all persons owning property abutting the street about to be paved or improved, and to all public utilities and authorities operating in the Borough, and all such persons, utilities and authorities shall make all connections as well as any repairs thereto which would necessitate excavation of the street within 60 days of the giving of such notice. The time shall be extended if permission is requested in writing and approved by the Borough Council.
The Borough shall issue no street opening permit to any person giving notice under this section or their assignees or successors which would allow an excavation or opening in paved and improved street surface less than five years old unless the applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted or unless an emergency condition exists.
Upon application to the Borough Council, a permit may be issued to open any paved or improved street surface less than five years old provided that a penalty charge shall be made for such opening, except that the penalty fee shall be waived by the Borough Council in the event the work is of an emergency nature. The penalty charge if required by the Council shall be on a sliding scale determined as follows:
a. 
Penalty assessment = $1,000
b. 
Area of road cut in square feet x $5 = Varies
Total of a and b = Varies
Penalty factor is 2% of the above total for each unelapsed month or fraction thereof of the five year (sixty-month) restricted period. Maximum penalty shall be $2,500 and minimum penalty shall be $500. Permit fees are payable in addition to the penalty charges set forth herein pursuant to subsection 13-1.4. No portion of the penalty charge shall be refundable and penalty charges do not relieve the permit holder from the required performance bond or the required insurance. The restoration shall be according to subsection 13-1.6.
[Ord. No. 6-78 § 1; Ord. 8/16/94 § 1]
All owners, tenants or occupants of lands abutting upon the sidewalks of all public streets or public places in the Borough shall remove or cause to be removed from the sidewalks in front of or abutting the lands all snow and ice within 12 hours of daylight after the same shall have ceased to fall or form thereon.
[Ord. No. 6-78 § 2; Ord. 8/16/94 § 2]
In case such owners, tenants or occupants shall remove the snow or ice from their property, sidewalks or driveways after the Department of Public Works has plowed the roadway in front of the lands with a snow plow, then the snow removed from such property, sidewalks or driveways shall not be deposited by such owners, tenants or occupants upon any portion of the roadway from which snow and ice have been cleared as aforesaid.
[Ord. No. 6-78 § 3; Ord. 8/16/94 § 3; New]
In addition to the penalties herein provided, if the owner or tenant of any such premises shall neglect or refuse to comply with this section, it shall be the duty of the Foreman of Public Works to forthwith have the snow removed. The Foreman of Public Works shall thereon certify to the Mayor and Council the cost of such removal, which costs shall be charged against the land abutting or bordering such sidewalks or gutters and the amount so charged shall forthwith become a lien upon such land and shall be added to and become part of the taxes next to be assessed and levied upon such lands and shall bear interest at the same rate as taxes and shall be collected and enforced in the same manner as taxes.
[Ord. No. 6-78 § 4; Ord. 8/16/94 § 4; New]
Any owner, tenant or person violating any of the provisions of this section shall be subject upon conviction to the penalty stated in Chapter 1, Section 1-5.
[New]
It shall be unlawful to encroach on the Borough's right-of-way on any street in the Borough. This shall prohibit the placement of any structure, permanent or temporary, that lies within the right-of-way.