Borough of Hopatcong, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 209.
[Adopted 5-2-1968]
[Amended 11-4-2009 by Ord. No. 38-2009]
No street or road which has heretofore or which may hereinafter be dedicated to public use, and which is not an accepted street, shall hereafter be opened or improved unless a permit has been previously obtained from the Borough of Hopatcong Building Department authorizing such opening, construction or improvement.
[Amended 11-4-2009 by Ord. No. 38-2009]
Before any such street or road is opened, constructed or improved, the owner or developer shall make application, in writing, for a permit, which permit shall specify the nature and location of the proposed road, opening or improvement to be made and, if the street or road is to be improved, shall satisfy the Borough Building Department of previous subdivision approval in the location of the proposed improvement. In addition, the owner or developer shall file with the Construction Official six copies of a set of construction plans, drawn by a professional engineer licensed to practice in the State of New Jersey. The plans shall show the alignment of the street or streets, center-line profiles of existing ground and proposed finished grades, bench marks, monuments to be set when the streets are graded, the proposed location of pavement, storm drains, manholes, inlets, curbs at street intersections and at inlets and an itemized list on the plans of each item to be constructed. Such application shall be accompanied by a surety bond to the Borough of Hopatcong in the form and amount and with surety satisfactory to the Borough, conditioned for the performance of the owner or developer in accordance with the requirements of this article.
No street, avenue or road in the Borough of Hopatcong shall hereafter be accepted as a public street or road until the same shall have been improved in accordance with the requirements herein.
All such streets shall have a minimum right-of-way width of 50 feet, a minimum pavement width of 36 feet and a minimum sidewalk on each side of the right-of-way of four feet in width, in accordance with the specifications and requirements herein contained.
The owner or developer shall grade and pave the street in the following manner:
A. 
The grading shall be for an area measured 18 feet at right angles from the center line of the street, plus the additional grading required for sidewalks and slopes and in accordance with the typical section on file with the Borough Clerk and made a part of this article.
B. 
The roadway shall be paved for a width of 36 feet, 18 feet on each side of the center line, with the following materials:
(1) 
The base shall be six-inch thick macadam base, consisting of two-and-one-half-inch stone bound with dry dust screenings (quarry process).
[Amended 5-15-1990 by Ord. No. 17-90]
(2) 
A five-inch layer of FABC-Mix I-1 shall be placed on the base.
[Amended 5-15-1990 by Ord. No. 17-90]
(3) 
On top of the FABC-Mix I-1 shall be placed a two-inch-thick layer of FABC-Mix I-5.
[Amended 5-15-1990 by Ord. No. 17-90]
(4) 
All material and installation shall be in accordance with the current specifications of the New Jersey State Highway Department.
C. 
At street intersections the roadway shall be paved the full width within the area of the limits of curb returns.
D. 
Sidewalks. Each street shall have a concrete sidewalk on one or both sides, being four feet wide, four inches thick and placed one foot from the property line. The specifications for construction must be approved by the Borough Engineer.
E. 
Streetlighting. Appropriate streetlights shall be installed where designated by the Borough Engineer.
F. 
Topsoil protection. No topsoil shall be removed from the site or be used as spoil. Topsoil during the course of construction shall be redistributed and shall be stabilized by seeding or planting.
G. 
Concrete curbs shall be constructed along the edge of all paved areas in accordance with the specifications of the New Jersey State Highway Department, except in those specific instances where such requirements is expressly waived by the Mayor and Council.
H. 
The crown of the roadway and the dimensions of the curb shall be as shown on the typical section and details on file with the Borough Clerk.
I. 
The location of utilities shall be as shown on the typical section on file with the Borough Clerk.
J. 
The size, quantity and location of all storm drains shall be approved by the Borough Engineer and shown on the profile plat to be submitted.
K. 
Inlets, catch basins, headwalls, storm pipes and all other materials and installations, unless otherwise specified herein, shall comply with the requirements set forth in the then-current New Jersey State Highway Department specifications.
Easements of a width sufficient to allow proper maintenance shall be provided for the outletting of all drains, pipe lines or conduits to streams, existing storm drains or other legal drainage courses. Said easements shall be dedicated to the Borough by approved legal procedures.
Permanent street signs shall be erected at all street intersections in accordance with the approved specifications therefor on file in the office of the Borough Clerk at the Municipal Building.
All construction work shall be subject to the inspection of the Borough Engineer and to such inspections as the Mayor and Council may appoint for the purpose. The developer shall be required to pay to the Borough of Hopatcong such amounts as the Borough may expend for inspection fees at prevailing rates on a per diem basis. Any and all materials found to be unsatisfactory or showing faults when tested by a reputable engineering laboratory to be designated by the Mayor and Council shall be removed and not used in such construction.
The requirements hereof shall be considered as minimum requirements for street improvements in the Borough of Hopatcong.
Any individual, person, firm or corporation who or which shall open, improve or assist in the opening or improving of any street or road for which a permit shall not have been issued, or who or which shall violate any provision of this article, shall, for each and every violation, be subject to a fine of not more than $200 or to imprisonment for not more than 90 days, or both, in the discretion of the Magistrate before whom a conviction may be had.
[Added 12-7-1989 by Ord. No. 41-89]
Except as may be inconsistent herewith, construction and improvements of roads or streets, sidewalks and curbs shall be consistent with the design standards described in Chapter 209 of the Code of the Borough of Hopatcong, Subdivision of Land, Article VI, Design Standards, § 209-26, Streets, sidewalks and curbs.
[Adopted 6-14-1971]
As used in this article, the following terms shall have the meanings indicated:
CHAIRMAN
The Chairman of the Road Committee.
[Added 8-5-1971]
ROAD COMMITTEE
That committee consisting of three members of the Borough Council appointed annually by the Mayor, which has general charge of the public roads in the Borough of Hopatcong.
[Amended 8-5-1971]
STREET
Any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Borough as a public street, as well as any state or county road or highway over which the Borough has acquired jurisdiction by agreement.
SUPERINTENDENT
The Superintendent of Roads of the Borough.
A. 
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the Superintendent and Borough Clerk as hereinafter provided.
B. 
A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for a permit is made simultaneously with the commencement of the work or as soon thereafter as is practical. When issued, the permit shall be retroactive to the date on which the work was begun.
C. 
The Superintendent may issue permits to other public bodies without fee.
[Amended 8-5-1971]
The Superintendent is authorized to refuse the issuance of any permit if such refusal is in the interest of public safety, public convenience or public health. In the event that any permit is refused by the Superintendent, an appeal may be taken to the Road Committee. The Road Committee, after hearing the applicant and the Superintendent and other evidence as may be produced, may either direct the issuance of such permit or sustain the refusal of the Superintendent.
Application for a permit shall be made on the form prescribed by the Borough to the Superintendent, and shall contain the following information:
A. 
Name and address of the applicant.
B. 
Name of the street where the opening is to be made and the street number, if any, of the abutting property.
C. 
The Borough Tax Map block and lot number of the property for the benefit of which the opening is to be made, if applicable.
D. 
Nature of the surface in which the opening is to be made.
E. 
Character and purpose of the work proposed.
F. 
Time when the work is to be commenced and completed. All work must be commenced and completed between April 1 and November 15.
G. 
Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimensions of all openings. The Borough Engineer may waive the requirement for submitting formal plans for items of minor work. When the opening is for the purpose of installing water, sewer, gas or other pipes, engineering drawings showing locations of pipes, valves and service-line interconnections shall be furnished, as well as a statement of the specifications pertaining to all pipes, valves and fittings. All such drawings and specifications shall be prepared by a licensed professional engineer of the State of New Jersey. In addition thereto, the applicant shall post an escrow with the Borough in the amount of $1,000 to be utilized by the Borough for the costs of reviewing the plans and specifications submitted by the applicant and for the inspection of the work performed by the applicant in the street.
[Amended 12-7-2005 by Ord. No. 41-2005]
H. 
The name and address of the workman or contractor who is to perform the work.
I. 
A statement that the applicant agrees to replace, at his own cost and expense, the street, curb, gutter and sidewalk in the same state and condition in all things as they were at the time of the commencement of the work within 48 hours of the commencement of same.
Permits shall be issued under the authority of the Superintendent and in accordance with the provisions of this section and the regulations which he may establish. The Superintendent shall determine the initial time limit during which the permit shall be valid.
Each permit shall state the identity and address of the applicant, the name of the street and the location where the excavation or tunnel is to be made, the dimensions of the opening and the period during which the permit shall be valid. The original of each permit shall remain on file with the Borough Clerk.
Fees shall be paid to the Borough Clerk when the application is made, as follows: for excavation of all types of pavement, at the rate of $2.50 per lineal foot, or fraction thereof, so excavated, but in no event less than $50.
A. 
No permit shall be issued until the applicant has filed a bond and restoration guaranty in an amount determined to be sufficient by the Superintendent, but in no case less than that indicated in the following schedule:
Type of Pavement
Minimum Restoration Guaranty
Minimum Bond Amount
Bituminous
$1 per square foot, but not less than $100 (minimum 4-foot width)
$1,000
Concrete
$2 per square foot, but not less than $100 (minimum 4-foot width)
$1,000
Shoulder or gravel road
$0.50 per square foot, but not less than $100 (minimum 4-foot width)
$1,000
B. 
The restoration guaranty shall be in the form of a certified check payable to the Borough of Hopatcong.
C. 
The Superintendent may waive the requirements of this subsection in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting any claims against it up to the amount of the bond which would otherwise be required. The bond shall be executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety and shall be conditioned as follows:
(1) 
To indemnify and hold harmless the Borough, its officers, agents, servants and employees from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit.
(2) 
To indemnify the Borough for any expense incurred in enforcing any of the provisions of this section.
(3) 
To indemnify any person who shall sustain personal injuries or damage to his property as a result of any act or omission of the applicant, his agents, employees or subcontractors done in the course of any work under the permit.
(4) 
The bond shall also be conditioned upon the applicant's restoring the surface and foundation of the street for which the permit is granted in a manner acceptable to the Superintendent.
D. 
One bond may be accepted to cover a number of excavations by the same applicant. Bonds shall remain in force for a period to be determined by the Superintendent.
No permit shall be issued until the applicant has furnished the Superintendent with satisfactory proof of insurance against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors done in the course of the work to be performed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations, and shall not be subject to cancellation except after 30 days' notice given by the insurer to the Borough Clerk. The limits of the policy of insurance shall be $100,000 for injury to any one person, $300,000 for injuries to more than one person in the same accident, and an aggregate of $100,000 for property damage for a single incident. The Superintendent may waive the requirements of this subsection in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required.
All permits issued under this section shall be subject to the following rules and regulations:
A. 
All excavations shall be kept 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.
B. 
All work shall be done 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. The Police Department shall be informed of all street closings at least 24 hours in advance, except where the work is of an emergency nature, when notice shall be given to the Police Department when work commences.
C. 
Upon application by the permittee, the Superintendent may extend the time limit during which the permit shall be valid.
D. 
All refuse and material shall be removed within 48 hours.
E. 
All excavations shall be completely backfilled by the permittee, and shall be compacted by tamping or other suitable means in a manner prescribed by the Superintendent. Where the Superintendent determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with New Jersey Specification Zone No. 2, four-inch minus porous fill, which shall be placed in layers not exceeding 12 inches in depth and thoroughly compacted by tamping with a mechanical vibrator or other suitable means prescribed by the Superintendent. The applicant must replace all shoulder stone to a depth of six inches and thoroughly compact with a mechanical compaction device. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Superintendent determines that any backfilled excavation has settled or caved in, he shall so notify the permittee, who shall promptly continue backfilling until the Superintendent determines that settlement is complete.
F. 
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one part cement to 10 parts sand.
G. 
If blasting is required to be done in the course of any excavation, it shall be done in strict compliance with all applicable state laws and regulations.
H. 
If the work is not completed within the time specified in the permit or any extension granted by the Superintendent or is not performed in accordance with the regulations set forth in this subsection and any other regulations that may be established by the Superintendent, then the Superintendent may have the work completed and the surface of the street restored. The cost of completing the work and restoring the street shall be charged to the permittee and may be deducted from his deposit or recovered by an action in any court of competent jurisdiction.
I. 
Blasting and use of jackhammers in connection with any work for which a permit has been issued hereunder shall be prohibited between 4:30 p.m. and the following 8:00 a.m., prevailing time.
In all cases the permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements:
A. 
No permittee shall commence the restoration of any street foundation or surface until the Superintendent has determined that the backfill has been properly compacted and the area properly prepared for restoration.
B. 
The existing pavement after backfill has been completed shall be cut to a straight edge by suitable means at least six inches back from the excavation before the pavement is patched.
C. 
The street surface shall be restored to the section designated by the Superintendent in the permit but in no case shall be less than the structural equivalent of the following:
(1) 
Six-inch thick course of quarry process subbase (Type 5, soil aggregate) thoroughly compacted;
(2) 
Two inches of bituminous concrete, Type FABC.
A. 
Transferability. Every permit shall apply only to the person to whom it is issued and shall not be transferable.
B. 
Commencement of work. Work under a permit shall commence within 15 days from the date of issuance of the permit. If the work is not commenced within that time, the permit shall automatically terminate, unless extended in writing by the Superintendent.
C. 
Possession of permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the Superintendent, shall be kept in possession of the person actually performing the work and shall be exhibited on demand to the Superintendent or to any police officer of the Borough.
D. 
Revocation of permit.
(1) 
The Superintendent may revoke a permit for any of the following reasons:
(a) 
Violation of any provision of this section or any other applicable rules, regulations, laws or ordinances.
(b) 
Violation of any condition of the permit issued.
(c) 
Carrying on work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthful, unsanitary or declared by any provision of the revision to constitute a nuisance.
[Amended 8-5-1971]
(2) 
Any person aggrieved by the revocation of a permit may appeal to the Road Committee, which shall hold a hearing thereon and shall affirm, reverse or modify the decision of the Superintendent. The Road Committee may provide in its decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.
[Amended 8-5-1971]
E. 
Modification of permit conditions. In a special case, the Mayor and Council may by resolution impose special conditions to which the issuance of the permit may be subject, or may decide that any provision of this section shall not apply nor shall it be altered.
F. 
After deducting such administrative and inspection costs as may have been incurred in connection with the road opening, and after satisfactory compliance with all conditions of the permit, as determined by the Superintendent, the restoration guaranty shall be returned to the applicant and his bond released.
[Amended 8-5-1971]
The Road Committee may make any rules and regulations which it considers necessary for the administration and enforcement of this article, but no regulations shall be inconsistent with, alter or amend any provision of this article, nor impose any requirement which is in addition to those expressly or by implication imposed by this article. No regulations shall be effective unless they are approved by resolution of the Mayor and Council. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
Any person who shall violate any of the provisions of this article shall, upon conviction thereof by a court of competent jurisdiction, be subject to a fine not exceeding $500 or imprisonment not exceeding 90 days, or both, and each day such violation shall be continued shall be deemed and taken as a separate and distinct offense.