[Ord. No. 99-6 § 1]
This section shall be known and may be cited as "The Borough
of Elmer Building Numbering Ordinance."
[Ord. No. 99-6 § 2]
The purpose of this section is to provide for a uniform Borough-wide
system for assigning street numbers to all principal buildings in
the Borough and to assist fire and rescue companies, law enforcement
agencies and other organizations in a timely and efficient provision
of their services to the residents and businesses of the Borough.
[Ord. No. 99-6 § 3]
a.
The Borough Council hereby appoints the assessor as the Building
Numbering Agent who shall be responsible for the administration, implementation
and enforcement of this section. The Building Numbering Agent may
hold other Borough positions or offices.
b.
The Borough Council may appoint a Committee to assist the Council
and Building Numbering Agent in the planning and implementation of
this section.
c.
The Building Numbering Agent shall establish street address numbers
in accordance with guidelines established herein as follows:
1.
Street addresses shall be assigned by the Building Numbering Agent
to each lot on new final subdivision plats at the time of recordation.
The Building Numbering Agent shall then notify the respective developer
of these addresses.
2.
The Building Numbering Agent shall undertake a systematic renumbering
program for streets within the Borough in accordance with the policies
and guidelines established herein.
3.
The Building Numbering Agent may undertake a redesignation of street
names for streets within the Borough so as to comply with the purpose
and guidelines of this section.
d.
As street address numbers and/or street names are determined and
assigned by the Building Numbering Agent as provided above, such number
and/or name shall be recorded on the Borough 911 Map to be maintained
by the Building Numbering Agent and kept available for reference in
the Municipal Building. (The 911 Map may be found on file in the office
of the Borough Clerk.) No building permit shall be approved until
a street address has been determined and assigned from the Borough
911 Map.
e.
Property owners and current occupants of principal buildings shall
be notified of their street name and/or address numbers as assigned
by the systematic renumbering program. The Building Numbering Agent
shall notify property owners in writing of the change to their address
due to the renumbering. Owners of rental property shall notify their
tenants of their tenant's new addresses.
f.
Within 60 days after the receipt of written notification of change
or assignment of street name and/or address number for such building,
the owner or occupant of a principal building in Elmer Borough shall
affix and maintain the assigned number as prescribed herein.
g.
It shall be the duty of such owner or occupant, upon affixing the
new number, to remove any different address number from the property.
An initial set of new numbers of plastic or like durable material
shall be supplied by the Borough. The cost of additional or replacement
numbers shall be the responsibility of the property owner.
h.
It shall be the duty of the Borough to designate any change in street
names as a result of this section.
[Ord. No. 99-6 § 4]
a.
Street address numbers shall be determined in accordance with the
following:
1.
Proceeding from the point of beginning, odd numbers shall be assigned
to the parcels situated on the northerly and easterly sides of the
street, and even numbers shall be assigned to the southerly and westerly
sides of the street.
2.
Numbers shall increase consecutively from the point of beginning
and shall be sequentially assigned to each lot in the Borough.
3.
Only those properties which have a principal building shall be assigned
a street address. Numbers shall be reserved, however, for vacant parcels
and those frontages which have sufficient frontage for future subdivision
in accordance with the Borough Land Development Ordinance.
4.
Any future new streets or major developments shall follow the same
guidelines.
5.
It is the intention of this section to minimize address number changes
to existing Borough properties and to sequentially designate and reserve
street numbers so as to allow those existing Borough properties to
keep their existing numbers whenever practical and in accordance with
this section.
b.
In multi-family, commercial, industrial and similar development situations
where density of development may render the above described addressing
intervals ineffective, a building or building group may be assigned
a single number, and a numerical or alphabetical suffix may be assigned
to each dwelling unit, business, or establishment within such building
or building group.
All owners of such properties described herein shall have the
obligation to notify the Building Number Agent of the number of units
in their respective building and ensure that each unit therein is
assigned an individual street address number.
c.
In applying the guidelines specified herein the Building Numbering
Agent shall have the authority to change and/or designate street names
for Borough streets so as to comply with the intent of this section.
d.
In applying the guidelines specified herein, the Building Numbering
Agent shall have the authority to make minor adjustments and modifications
to ensure a logical and efficient street address system.
[Ord. No. 99-6 § 5]
a.
Street address numbers for residences shall not be less than five
inches in height and shall be of a durable and clearly visible material.
The numbers shall be conspicuously placed and maintained above, or
at the side of the main entrance door so that the number is discernible
from the street. Whenever a building is more than 100 feet from the
street, or when the entrance is not visible from the street, the number
must be affixed and maintained on a four by four (4 x 4) inch post
with a minimum height of three feet above ground, and be located at
a vehicle entry point (land) or a pedestrian walkway leading to the
building.
b.
Street address numbers or letters shall be of five inch high black
plastic or similar durable material and be of a color readily visible
from the street.
c.
All commercial and industrial structures shall affix and maintain
street address numbers of not less than five inches in height as follows:
[Ord. No. 99-6 § 6]
a.
Enforcement.
1.
Whenever the Building Numbering Agent has reason to believe there
has been a violation of any provision of this section, he shall give
notice of such violation to the person failing to comply and order
said person to take corrective measures within 30 days from the date
of notification. Such notice may be given by personal service or by
mailing to the last known address by ordinary or certified mail.
2.
If such person fails to comply with the duly issued order, the Building
Number Agent shall initiate necessary actions to terminate the violation,
including prosecution of the violation in the Municipal Court or applying
to courts of competent jurisdiction for injunctive relief or other
appropriate action.
b.
Penalties. Any person who shall violate any provision of this section
shall be liable, upon conviction, to a fine of not less than $10 nor
more than $250 per day. Each day following notification of such violation
as set forth in paragraph a shall constitute a separate violation.
[Prior history includes Ord. No. 11-9-49]
[Ord. No. 2018-7]
No person, firm or corporation shall cut, break into, excavate
or tunnel under any street, sidewalk or other public right-of-way
in the Borough of Elmer, or any portion thereof, whether the proposed
work is new construction or replacement of existing conditions (curb,
depressed curb, driveway aprons, utilities, etc.), without having
first secured a permit from the Borough Clerk for each such opening
in accordance with the provisions hereof.
[Ord. No. 2018-7]
Application for such a permit shall be made on a form provided
by the Borough for such purpose, which application shall contain a
description of the purpose and exact size and location of each such
proposed opening. Said application shall also contain such other information
as may be necessary to effectively carry out the intent and provisions
of this section. Openings for new work (new development, new water-sewer
connections, extensions to water and sewer mains, etc.) require drawings
by a state-registered and licensed professional engineer to accompany
the permit applications. All applications shall also be accompanied
by an insurance certificate showing that the applicant carries a minimum
of $500,000 public liability insurance.
[Ord. No. 2018-7]
The Borough hereby establishes a five year ban on road openings
following the reconstruction or resurfacing of any road. A listing
of current streets with moratoriums is maintained by the Borough Clerk.
Applicants for road openings on streets listed as having a current
moratorium must have Borough Council approval prior to applying for
a road opening permit, provided, however, if it is determined by the
Borough Engineer that the road opening is to address an emergent situation
requiring immediate attention, the Borough Engineer may grant permission
to make emergency repairs. The Borough Engineer shall immediately
advise the Mayor and Council that permission was so granted and shall
further provide information as to the nature of the emergency addressed
and the manner in which it was addressed.
[Ord. No. 2018-7]
a.
Each applicant for a permit (per excavation) shall pay a fee of $100
for such permit application and $250 for the permit review and inspection.
Said permit fee shall be non-refundable and shall be utilized to defer
the administrative costs of the Borough.
b.
Exemptions. Any Borough of Elmer public utility shall be exempt from
the requirement of paying the permit fee. The State of New Jersey
and any political subdivision thereof shall also be exempt from paying
the permit fee.
[Ord. No. 2018-7]
a.
Cash deposit or bond. In addition to the foregoing, the applicant
shall also deposit with the Borough Clerk, prior to the issuance of
the permit, a sum based upon the following schedule:
|
Type of Road or Surface
|
35 Square Feet or Less
|
Additional Per Square Foot in Excess of 25 Square Feet
|
|---|---|---|
|
Blacktop
|
$600
|
$12
|
|
Concrete
|
$500
|
$10
|
|
Sidewalks
|
$500
|
$10
|
|
Driveway aprons
|
$600
|
$12
|
b.
Exemptions. Any Borough of Elmer public utility shall be exempt from
the requirement of posting a bond. The State of New Jersey and any
political subdivision thereof shall also be exempt from posting a
bond.
[Ord. No. 2018-7]
The applicant for a permit shall be required to restore the
original surface in such a manner as to conform to the current requirements
and specifications of the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction Manual, to
the extent they would be applicable.
[Ord. No. 2018-7]
a.
All street openings shall be backfilled and temporarily resurfaced
in a commercially reasonable manner as soon as possible after completion
of the work which necessitated the opening.
b.
All excavations shall be backfilled and compacted by the permit holder
or the holder's contractor, with suitable granular material or
flowable fill to a depth of 12 inches below street surface grade.
The next 10 inches shall be backfilled with DGA and a temporary two-inch
minimum thick compacted asphalt base course applied. (If flowable
fill is utilized to the subgrade of the required permanent patch,
a temporary patch is not required, but rather final surface course
restoration shall be completed.) Tack coat shall be applied to the
flowable fill surface and exposed sawcut vertical surfaces of the
original roadway material.
c.
Within three months of the temporary resurfacing, but no sooner than
four weeks thereafter, a permanent restoration shall be made. The
permanent restoration shall consist of sawcutting (a jackhammered
edge is not acceptable) the original road surface two inches outside
of the temporary patch, removing the temporary patch to a minimum
depth of six inches, removing the sawcut fringe material, and backfilling
as follows: Compact the newly exposed DGA surface within the newly
formed excavation; place and compact a minimum four-inch thick hot
asphalt base course material; place and compact a minimum two-inch
thick layer of hot asphalt wearing course to match grades of the original
roadway. Prior to placement of the wearing surface, all vertical edge
and exposed surfaces of the original asphalt roadway shall receive
an application of tack coat material. Asphalt joint sealer shall be
applied at all joints between patch and existing roadway.
d.
All sidewalk openings shall be backfilled and resurfaced in a commercially
reasonable manner as soon as possible after completion of the work
which necessitated the opening.
e.
Concrete sidewalks shall be replaced with minimum 4,000 psi concrete,
minimum four inches thick, on top of a minimum four-inch compacted
layer of granular material. The replacement shall be to the next undisturbed
sidewalk joint on either side of the excavation.
f.
Concrete driveway aprons shall be replaced with minimum 4,000 psi
concrete, minimum six inches thick, on top of a minimum four-inch
compacted layer of granular material.
g.
All traffic markings obliterated and/or damaged by the road opening
work shall be restored in a commercially reasonable manner to match
the original pattern(s).
h.
The permit holder is responsible for maintaining any temporary patch
until proper permanent restoration of the road surface. Permanent
restoration is weather dependent. Waivers designating the Borough
as responsible for the final restoration of a road opening permit
issued to a private entity are only permitted if the Borough has a
road reconstruction project in the bidding stage or under contract
for the road area in question, and upon the Borough Engineer's
approval.
[Ord. No. 2018-7]
The opening shall be commenced within 30 calendar days after the issuance of the permit, and temporary backfilling and resurfacing shall be completed immediately following the work, and final permanent restoration shall be completed as outlined in subsection 20-3.7c.
[Ord. No. 2018-7]
Within 30 days after notice to the Borough of the temporary backfilling and resurfacing, and in any event within 60 days after the opening of the street, the designated Borough Official shall inspect the site; and if the opening has not been backfilled and/or resurfaced, or has been insufficiently or incorrectly completed, the Borough Official shall proceed to correct the work either by Borough forces or by contractor, with all costs thereof, including inspection, to be charged against the bond deposit described in subsection 20-3.5, and the balance of such deposit shall be refunded.
[Ord. No. 2018-7]
Within 60 days after completion of the final permanent resurfacing,
whether by the grantee of the permit or by the Borough, the designated
Borough Official shall again inspect the site. If the condition of
the backfilling and/or resurfacing is such as to meet with the requirements
hereof, the designated Borough Official shall authorize a refund of
the remaining amount of the cash or bond deposit. If the designated
Borough Official determines that the backfilling and/or resurfacing
do not meet such requirements, the designated Borough Official shall
notify the grantee of the permit by ordinary mail to the address shown
on the application; and if such surface is not corrected within 14
calendar days after the sending of such notice, the balance of such
bond deposit shall thereupon be forfeited to the Borough.
[Ord. No. 2018-7]
As to any public utility which has a bond filed with the Borough
as provided for herein, the designated Borough Official shall make
an inspection of the site within 30 days after notice to him of completion
of the temporary backfilling and/or resurfacing, and in any event
within 60 days after the opening of the street; and if such work is
incorrectly or insufficiently done, he shall so notify the public
utility, which shall promptly correct the condition. If final permanent
backfilling and resurfacing are not completed to his satisfaction
within 90 days after the issuance of the permit, he shall certify
such condition to the governing body for such action as may be appropriate.
If the backfilling and resurfacing are found by him to be satisfactory,
he shall so notify the public utility.
[Ord. No. 2018-7]
Unless written permission is obtained from the designated Borough
Official, no permit holder shall be permitted to break into, excavate
or tunnel under any street, sidewalk or other public right-of-way
for a greater distance than 200 feet at one time, or keep the same
excavation opened for a longer period than seven calendar days. During
the period which such street or other public right-of-way is being
cut, broken into, excavated or opened by the permit holder, there
shall be provided by the permit holder a space of street level of
at least 10 feet in width for the purpose of allowing vehicles free
and unimpeded use of the same.
[Ord. No. 2018-7]
All breaks, excavations or tunneling shall conform in size to
the application specifications on which the permit was approved and
shall be performed in neat, even and rectangular sections. All excavations
shall be completed in compliance with all Occupational Safety and
Health Administration (OSHA) standards.
[Ord. No. 2018-7]
All permit holders shall, whenever any cut, excavation or opening
would be dangerous if left exposed, erect a suitable barricade or
railing around the same in such manner as to prevent danger to pedestrians
or vehicles, and place upon such fence or railing and upon any building
materials and appliances suitable and sufficient warning lights during
the periods of darkness. Such work shall be executed in compliance
with OSHA and the New Jersey Manual on Uniform Traffic Control Devices
(MUTCD).
[Ord. No. 2018-7]
All permit holders shall keep the area of their work clear of
dirt and debris at all times and shall carry away and dispose of all
excess dirt, debris and other material resulting from their work daily.
[Ord. No. 2018-7]
In case of an emergency involving any underground gas, water,
sewer, telephone or electric facility, where immediate repair is imperative
to protect the health, safety and welfare of the general public from
immediate hazards posed by delay in completing the repair; prevent
loss or damage to streets or property or discontinuance of service,
it shall not be necessary to obtain a permit before commencing such
repair, but such permit shall be obtained within two days thereafter;
and this section shall not be held or taken in any case to exempt
the person, partnership, association or corporation repairing said
facility from any other of the provisions of this section. Notification
of the emergency repair work shall be made to the Borough Police Department
and Borough Engineer, and may require a site visit prior to the start
of emergency construction.
[Ord. No. 2018-7]
All permit holders are responsible for the safe and expeditious
movement of traffic through the construction and/or maintenance zone.
The permit holder shall protect the pedestrian and traveling public
by employing work zone measures consistent with the Manual on Uniform
Traffic Control Devices (MUTCD) and civilian flagmen or off-duty police
officers.
[Ord. No. 2018-7]
The Borough of Elmer Police Department shall have the authority
to stop work being performed within the Borough, and to require the
removal of equipment, vehicles and/or stored material within the public
right-of-way, or the backfilling of any open excavation and/or other
related work, in order to abate any nuisance and/or safety hazard,
and/or for any violation of this section.
[Ord. No. 2018-7]
Any person, partnership, association or corporation opening
or attempting to open any of the streets or public right-of-ways of
the Borough without first securing a permit, or violating any of the
provisions of the section, shall be subject to one or more of the
following: a fine not exceeding $1,500; imprisonment for a term not
exceeding 90 days; or a period of community service not exceeding
90 days.
[Ord. No. 51 § 1]
It shall be unlawful to lay pipes in, or construct bridges or
approaches across the gutters in the streets or roads of the Borough,
and such pipes, bridges and approaches are hereby declared to be obstructions,
encroachments, encumbrances and nuisances.
[Ord. No. 51 § 2]
When pipes are laid in, or bridges or approaches constructed
across the gutters in the streets or roads of the Borough, the Council
may direct the Borough Clerk to give notice in writing to the owners
of the properties in front of which such pipes have been laid, or
bridges or approaches constructed, to remove the same within 30 days
from the date of said notice. If not so removed, the same shall be
removed under the direction of the Borough and the cost of such removal
shall be charged against the owners of the property in front of which
said work has been done. The cost may be collected in the same manner
as other taxes and assessments are collected.
[Ord. No. 56 § 1]
[Ord. No. 2016-7]
Where sidewalks exist adjacent and parallel to developed public
roadways, it shall be the duty of all owners of the property to maintain
and repair the sidewalks in front thereof. The cost of maintenance
and repair shall be borne by the owner of the property.
[Ord. No. 2016-7]
a.
New sidewalks shall be constructed and laid of good and substantial
concrete cement or hard brick with an appropriate base in workmanlike
manner. Sidewalks shall be laid and constructed in a minimum width
equal to adjacent or abutting sidewalks and the outer edge shall be
at a distance of not more than 36 inches from the face of the curb
and made to conform as nearly as practicable to the established grade.
If there exists no adjacent or abutting sidewalk, then the sidewalk
shall be laid and constructed five feet in width.
b.
If for good reason shown it shall appear to the Borough Council that
the requirements of this section should be impracticable, detrimental
to historic or environmental value for any particular property, then
the requirements of this section may be altered, upon resolution by
the Borough Council.
[Ord. No. 2016-7]
a.
Existing sidewalks that are adjacent and parallel to developed public
roadways shall be maintained by the property owner in a manner that
is safe to the public. If any existing sidewalk or section of sidewalk,
as described in this section, is discovered by the Property Maintenance
or Housing Officer during routine inspection to contain deficiencies
listed in this subsection (paragraphs a1 through 6) there shall issue
notification of repair to the owner(s).
1.
The sidewalk is displaced with a vertical edge of one-quarter (1/4)
of an inch or more;
2.
The sidewalk is depressed or raised more than three inches from the
existing line of grade at any place;
3.
The sidewalk section that has fully cracked into three or more pieces,
has cracks that are three-quarters (3/4) of an inch wide or greater
or is missing a full depth piece of concrete or brick;
4.
A sidewalk section that has spalled over 75% of the surface.
5.
The sidewalk has horizontal separations equal to or greater than
three-quarters (3/4) of an inch.
6.
Missing slabs of sidewalk.
b.
Sidewalk reconstruction or repairs may be made in kind and conform
to the existing type, grade, width and depth of the original installation.
c.
If for good reason shown it shall appear to the Borough Council that
the requirements of this section should be impracticable, detrimental
to historic or environmental value for any particular property, then
the requirements of this section may be altered, upon resolution by
the Borough Council.
[Ord. No. 2016-7]
If any owner after notice is given as hereinafter provided,
fails to reconstruct or repair the sidewalk within the time prescribed
by the notice, the Borough Council may proceed to have the sidewalks
reconstructed or repaired, and the cost thereof shall be assessed
against the owner or owners of the property affected, in accordance
with State law.
[Ord. No. 2016-7]
Before the Governing Body proceeds to make any improvements
to the sidewalks as provided above, it shall be the duty of the Governing
Body to cause notice of the required repair or reconstruction to be
given to the owner of any lands affected thereby. Such notice shall
contain a description of the property affected, sufficiently definite
in terms to identify the same, as well as a description of the required
improvement and a notice that unless the improvements shall be completed
within 90 days after the service thereof, the Governing Body may make
such improvements or cause the same to be done. Notice shall be served
upon the owner or owner's residence in the Borough in person
or by leaving the notice at their usual place of residence with a
member of their family above the age of 14 years. In case any such
owner shall not reside in the Borough, notice may be served upon him
personally or mailed to his last known post office address, or it
may be served upon the occupant of the property or upon the agent
of the owner in charge thereof. In case the owner of any such property
is unknown or service cannot for any reason be made as above directed,
notice thereof shall be published at least once not less than 30 days
before the making of such improvement by the Borough, in the Elmer
Times and/or the South Jersey Times. There may be inserted in the
advertisement, notice to the owner or owners of several different
parcels of land.
[Ord. No. 2016-7]
When any sidewalk repair or reconstruction is made by the Borough,
a true and accurate account of the cost and expense thereof shall
be kept and apportioned among the several properties improved in proportion
to the frontage of their respective lands. A true statement of such
costs, under oath or affirmation, shall be filed by the officer of
the Borough in charge of such improvement with the Clerk. The Borough
Council shall examine the statement and if it is properly made, shall
confirm it, and file such report with the Tax Collector who shall
record the sidewalk assessments in the same book as other assessments
and collect them in the same manner as is provided for the collection
of taxes upon real estate.
[Ord. No. 94-4 § A]
No vehicle shall be parked on any sidewalk, nor shall a vehicle
be parked in a manner which in any way obstructs a sidewalk.
