Editor's Note: The power to regulate excavation and construction in the public streets is contained in N.J.S.A. 40:67-1. The power to provide specifications for street and sidewalk construction is part of the general Police power, N.J.S.A. 40:48-2.
[1982 Code § 10-1.1]
No street, pavement or surface in the Borough shall be opened or excavated without a permit therefor. Such permit shall be issued by the Borough Clerk after proper application to him, and only after approval by the Public Works Supervisor or in his absence the Borough Engineer. Every application shall particularly describe the necessity for street opening or excavation and the exact location thereof.
In the event of any emergency in which a sewer, main, conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of an individual, the person owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the next succeeding day during which the office of the Borough Clerk shall be open for business.
[Ord. No. 11-06 § 1]
When any street has been covered with a hard surface, two inches or more in thickness, within five years of prior to the date on which a permit to open it is requested, no permits to open the surface of the same shall be granted except upon a majority vote of the Borough Council after presentation and consideration of the application therefor, and the Council must be satisfied that one or more of the following reasons exists making it necessary to grant the permit:
The necessity and purpose for opening the surface of the street could not have been discovered and was not discovered by either the applicant for the permit or his predecessor in title to his land prior to the time the hard surface was installed.
The best interests of the Borough of Jamesburg require that the permit be granted.
[1982 Code § 10-1.2]
Every such permit shall expire within a period of 60 days from date of issuance unless extended by the Clerk, with the approval of the Supervisor of Public Works.
[1982 Code § 10-1.3]
Before permit shall be issued the applicant shall pay to the Borough a sum by certified check which shall be used in the replacement of the pavement and repair of the street or road after the opening shall have been made by the applicant.
The applicant shall have the option of replacing the pavement and repairing the street or road, provided the work shall be performed as soon as possible, and providing further that the replacement of the pavement and repair of the street or road shall have the approval of the Borough Engineer, or of the Public Works Supervisor, and in the event of approval of such replacement and repair, the applicant shall be entitled to the refund of all deposits.
[1982 Code §§ 10-1.4, 17-3.7; Ord. No. 4-92; Ord. No. 1-94; Ord. No. 8-94; Ord. No. 1-95; Ord. No. 4-96; Ord. No. 11-96; Ord. No. 2-97; Ord. No. 2-98; Ord. No. 4-99 § 1; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1; Ord. No. 28-02 § 1; Ord. No. 01-03 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
Every such application may be referred to the Borough Engineer, who shall determine the amount required to be paid by the applicant for the replacement of the pavement and repair of the street or road necessitated by such opening. Deposits and fees shall be as set forth as set forth in the Borough Fee Schedule Ordinance on file in the office of the Borough Clerk.
[1982 Code § 10-1.5]
Whenever an applicant exercises the option to replace and repair, as aforesaid, the applicant shall pay to the Borough a final inspection fee as specified in subsection 14-1.4a, and shall not be entitled to the return of any portion of any deposit until a certificate of final inspection and approval has been issued by the Borough Engineer or Supervisor of Roads.
[1982 Code § 10-1.6]
Any public utility company which employs men experienced in the opening of streets, resurfacing of streets and repair of pavements for the purpose of installing or repairing utilities, may in lieu of any of the provisions of this Chapter, concerning deposits or fees, except the final inspection fee aforesaid, file with the Borough Clerk a bond in the amount of $5,000 assuring proper restoration of all street openings or excavations made by such public utility. Proof of renewal and/or continuance of such bond shall be furnished to the Borough every three years.
[1982 Code § 10-1.7]
In the event any unusual or extraordinary damage to the pavement of the streets, road or otherwise shall be caused by the applicant or his agents or contractors, the applicant shall be liable therefor, and upon each application blank the applicant shall be required to sign an agreement to reimburse the Borough for the cost of replacement of the pavement or repair of the roadway, or other Borough property over and above the amount of the deposit hereinabove set forth, and such excess shall be paid upon demand therefor being made by the Borough.
[1982 Code § 10-1.8]
Should the applicant refuse to pay an excess over and above the original deposit then the Mayor and Council may assess the expenses and costs in excess of the original deposit upon the real estate benefited by the installation and collect the same as other taxes are collected in the Borough.
[1982 Code § 10-2.1]
All existing pavements, road surfaces, sidewalks, curbs, gutters, pipes, manholes, drains, conduits or other installations or fixtures and property liable to be injured, damaged or destroyed shall be properly protected by the person doing any work for which a street opening permit has been issued during the time when such work is being performed, and responsibility for any such damage shall be assumed by the person to whom such permit has been issued.
[1982 Code § 10-2.2]
Any person making any opening or excavation by virtue of a permit issued under this chapter shall carry out the work as expeditiously as possible and in such manner as to cause the least public inconvenience, and to permit the use of the sidewalk by pedestrians, the roadway by vehicles and the flow of water along the gutters. All openings, diggings, excavations, piles of material, equipment, machinery, barricades or obstructions, including earth and stones removed from excavations, shall be properly guarded at all times to prevent accidents, and a sufficient number of lighted lanterns or flares shall be maintained between sunset and sunrise by the person to whom such permit has been issued to designate such openings or obstructions during the hours of darkness.
[1982 Code § 10-2.3]
Where any excavation or trench is to extend across the full width of any street, avenue, road or highway, only one-half of such trench shall be made at one time and shall be properly backfilled before the other half is excavated so as not to interfere with traffic.
[1982 Code § 10-3; New]
[Ord. No. 17-96 § 2]
It shall be the duty of any owner of any lands in the Borough to keep such sidewalks and curbs maintained and properly repaired so as to minimize any endangerment to the public health, safety, and welfare of any individual who might be using the sidewalks and curbs.
[Ord. No. 17-96 § 2]
Any injury as a result of poorly maintained or defective sidewalks and curbs shall be solely the responsibility of the owner(s) of the premises abutting or adjoining such sidewalks and curbs.
[Ord. No. 17-96 § 2]
Any and all sidewalks and curbs constructed, laid, or repaired in the Borough, unless otherwise permitted by a resolution of the Borough Council, for good cause shown, shall be of good quality masonry material or concrete, in accordance with the specifications and requirements established by the Borough Engineer.
[1982 Code § 3-10.1]
No owner or occupant of any dwelling house, store or other building shall put up or erect or suffer to be put up or erected any stationary or swinging sign or any stationary awning, shed or any other obstruction across the whole or any portion of any sidewalk of this Borough for the purpose of an awning or any other purpose, which shall project into or be erected over and upon the sidewalk in front of such building or premises. Nor shall any awning post or support be placed or fixed in any street or sidewalk of the Borough for awning purposes under any circumstances whatever.
[1982 Code § 3-10.2]
Any stationary or swinging signs, stationary awning or shed or any other obstruction across the whole or any part of any sidewalk in the Borough or any awning, post or anything in violation of this section shall be removed by the owner or occupant of the building or buildings, in front of which the awning, sign or obstruction is or may be erected or constructed, within 10 days after service upon him of notice signed by the Borough Clerk that the Council has adopted a resolution at any regular or special meeting requiring the removal of such sign, awning post or obstruction.
Should the owner or occupant of a dwelling house, store or other building refuse or neglect to remove such obstruction referred to, the Council, after 10 days from the expiration of notice, may remove such obstruction and charge the cost of removal to the owner or occupant of the premises. Such charge for removal shall be collected by suit in the name of the Tax Collector of the Borough before any District Court or justice of the peace and shall become a lien upon such premises until collected.
[1962 Code § 3-10.3]
The owner or occupant of any dwelling house, store or other building in the Borough, unless objection is made, may construct from such building, brackets or frames of wrought iron or other suitable metal for the support of cloth or canvas awning. Such brackets or frames shall be firmly secured to the building. The owner or occupant may cover such brackets or frames with cloth or canvas so that no part thereof shall be less than six feet, six inches above the sidewalk nor project beyond the curb line.
[1962 Code § 3-10.4]
In case any person objects to the erection of any such awning he shall state his objections in writing to the Borough Council who shall proceed to hear the matter and whose decision shall be final.
[1982 Code § 3-10.5]
Any person violating the provision of this section shall upon conviction, be subject to a fine not exceeding $20 with an additional fine of $2 per day for every day such violation shall continue after three days' notice to alter or remove such violation.
[1982 Code § 3-12.1; Ord. No. 3-96 § 1]
The owners or tenants of lands abutting or bordering on the sidewalks of public streets within the Borough shall remove or cause to be removed, all snow and ice from the sidewalk area in front of or bordering on their lands within 48 hours after the same shall be deposited or formed thereon. Snow or ice shall be removed so that an unobstructed portion of the sidewalk area shall be open a width of not less than 36 inches.
[1982 Code § 3-12.2; Ord. No. 3-96 § 1]
No person shall plow, throw, place, or otherwise deposit any snow or ice removed from any parking area, driveway, or sidewalk, into or upon any street, sidewalk, or other public thoroughfare of the Borough.
[Ord. No. 3-96 § 1; Ord. No. 05-04 § 1]
In the event of the refusal or neglect of an owner or occupant of land to comply with the provisions of this section, the Zoning/Housing/Community Development Director or any member of the Borough Police Department or Road Department is authorized to issue a summons to the owner or occupant of the land; the fine for noncompliance being $250 for a violation of subsection 14-5.2 above and $25 for all other offenses. Additional summonses may be issued for each day following the initial summons in which the snow or ice has not been removed.
[Ord. No. 3-96 § 1]
When the Borough streets are snow covered there shall be no parking of motor vehicles or trailers on the odd numbered side of the street on odd numbered calendar days and there shall be no parking of motor vehicles or trailers on the even numbered side of the street on even numbered calendar days. When snow commences to fall, this section shall be in effect. An exception to this section is the angle parking on West Railroad Avenue.
[Ord. No. 3-96 § 1]
Such vehicles parked in contravention to this section and other vehicles that obstruct snow removal shall be deemed "abandoned motor vehicles" as defined in subsection 3-12.2. The owner shall, if available, move the vehicle so as not to hamper snow removal, at the request of the Police Department or Department of Public Works, Buildings and Grounds. If the vehicle continues to hamper snow removal, the vehicle shall thereafter be towed at the owner's expense according to the provisions of subsection 3-12.7.