Chapter 68 STREETS AND SIDEWALKS

Chapter 68 STREETS AND SIDEWALKS ARTICLE I Driveways 68-1. Permit required. 68-2. Application; investigation. 68-3. Curb cut specifications. 68-4. Drive apron, sidewalk and curb construction specifications. 68-5. Fees. 68-6. Street repairs. 68-6.1 Penalties. 68-6.2 Repealer. 68-6.3 When effective. ARTICLE II Grass, Weeds and Other Impediments 68-7. Removal from sidewalks and gutters. 68-8. Removal from land. 68-9. Violations and penalties. 68-10. When effective. ARTICLE IV Driving Over, On or Upon Sidewalks 68-25. Unlawful acts; violations and penalties. ARTICLE V Stormwater Run-Off 68-26. Stormwater run-off. 68-27. Permit. 68-28. Application. 68-29. Approval. 68.30. Permit fee. 68-31. Violations and penalties. ARTICLE VI Casting of Snow or Ice 68-32. Snow or ice casting. 68-33. Violations and penalties. ARTICLE III Excavations 68-11. Permit required. 68-12. Legislative intent. 68-13. Written application required. 68-14. Enforcement official designated. 68-15. Permit conditions. 68-16. Fees. 68-17. Performance guaranty. 68-18. Standards and procedures. 68-19. Excavations involving public streets and places. 68-20. Alternate provisions for public utilities. 68-21. Emergency street openings. 68-22. Excavations which exceed size limitations. 68-23. Transferral of rights prohibited. 68-24. Violations and penalties. 6801

Chapter 68 Streets and Sidewalks Code of the Borough of Seaside Park HISTORY: Article I adopted by the Mayor and Borough Council of the Borough of Seaside Park 5-15-1986 as Ordinance No. 966. 1 Amended 11-19-2001 by Ord. No. 1285; by Ord. No. 1291. Article II adopted 7-23-1937 as Ordinance No. 387. Amended by Ord. No. 1291. Article III adopted 6-7-1973 as Ordinance No. 702. 2 ; 11-19-2001 by Ord. No. 1285; 12-20-2001 by Ord. No. 1291. Article IV adopted 4-20-1898 as Ordinance No. 3. Amended by Ord. No. 1291. Article V adopted 4-5-1990 as Ordinance No. 1090. Amended 11-19-2001 by Ord. No. 1285; by Ord. No. 1291. Article VI adopted 12-5-1996 as Ordinance No. 1204. Amended by Ord. No. 1291. GENERAL REFERENCES: See Section 53-21 in Chapter 53 (Peace and Good Order); Chapter 58 (Property Maintenance). Be it ordained by the Mayor and Borough Council of the Borough of Seaside Park, in the County of Ocean and State of New Jersey, as follows: ARTICLE I 1 Driveways Adopted 5-15-1986 as Ord. No. 966 68-1. Permit required. 2 No person shall alter, demolish or construct any part of the curb or sidewalk within the limits of the Borough of Seaside Park, in the County of Ocean, for the purpose of installing a driveway or an opening in said sidewalk and curb for other purposes, without having first applied for and obtained a permit in writing to do so. Said permit shall be issued by the Superintendent of Public Works 3 or, in his absence, the foreman of the Department of Public Works. In the absence of both said officials, the Zoning Official may issue permit. 68-2. Application; investigation. Before any permit shall be granted, application therefor shall be made in writing to the Zoning Official. Said application shall be signed by the applicant or the duly authorized agent of said applicant and shall designate the location whereupon it is proposed such driveway or opening in the curb and sidewalk shall be constructed. The Superintendent of Public Works or, in his absence, the officials indicated above shall investigate the work to be done under said application. Any drawings submitted must be to scale and must clearly indicate the dimensions of all work to be done. 68-3. Curb cut specifications. The policy of the borough concerning the size and area of curb cuts shall be as hereinafter set forth. 1 EDITOR'S NOTE: Ord. No. 966 repealed former Article I (Driveways), adopted 6-15-1951 as Ord. No. 513. 2 EDITOR'S NOTE: Ord. No. 702 repealed former Article III (Excavations), adopted 9-14-1901 as Ord. No. 53. 3 EDITOR'S NOTE: Ord. No. 1046, adopted 7-21-1988, established the position of Public Works Director which replaced the Superintendent of Public Works. A. The borough shall allow one (1) curb cut per lot of fifty by one hundred (50 x 100) feet. In areas of the borough where less frontage is required for a building lot, then one (1) curb cut shall also apply to that particular building lot. The width of driveways shall be between ten (10) feet and twelve (12) feet at their opening. B. Curb cuts must open into an area located upon the private property of the individual or entity applying for the curb cut, and that area must be able to accommodate a vehicle parked perpendicular to the road and not block any portion of the sidewalk. The minimum area for said off-street parking space shall be nine by twenty (9 x 20) feet and meet the abovereferenced requirements. C. Abandonment. Upon the abandonment of any use of which a driveway or opening in the curb and sidewalk has been constructed, either in the past or in the future, the person owning the adjoining or abutting land shall, within sixty (60) days of said abandonment of the use, reconstruct the sidewalk and curb in accordance with the borough's required specifications. 68-4. Drive apron, sidewalk and curb construction specifications. Within the Borough of Seaside Park, the following technical specifications shall apply in connection with the placement of a drive, as well as the affected area of sidewalk and curbing resulting therefrom. Additionally, the specifications are the uniform specifications of the borough in connection with any sidewalk and curb placement or replacement. A. Location. The outside or street side face of the sidewalk shall be set a distance of thirty (30) inches from the back of the curb. B. Concrete sidewalks. Concrete sidewalks and driveways shall be constructed in accordance with the following: (1) Mixing and placing concrete. (a) Immediately before placing the concrete, the subgrade shall be thoroughly dampened and 6802

the forms given a coating of light oil. Where removed and used again, the forms shall be thoroughly cleaned and oiled each time before using. (b) Mechanical spreaders will not be required. (2) Finishing. (a) The concrete shall be struck off, with a transverse template resting upon the side forms. After the concrete has been struck off to the required cross section, it shall be finished with floats and straight-edges until the required surface requirements have been obtained. (b) When the surface of the concrete is free from water and just before the concrete obtains its initial set, it shall be gone over and finished with a wooden float and brushed with a wet soft-haired brush. The surface of the concrete shall be so finished as to drain completely at all times. All edges shall be finished and rounded with an edging tool having a radius of one-fourth (1/4) inch. (c) The surface shall be divided into blocks by use of a grooving tool. Grooves shall be so placed as to cause expansion joints to be placed at a groove line. The grooves shall be cut to a depth of not less than one-half (1/2) inch. The edges of the grooves shall be edged with an edging tool having a radius of onefourth (1/4) inch. (d) Grooves in the surface reinforced for beam action shall not be placed where the full thickness of concrete is required for strength. (3) Expansion joints. (a) Expansion joints shall be one-half (1/2) inch wide, placed at intervals of approximately twenty (20) feet and shall be filled with preformed expansion joint filler. Expansion joints shall be formed around all appurtenances, such as manholes and utility poles, extending into or through the concrete. Preformed expansion joint filler one-fourth (1/4) inch thick, shall be installed between concrete and any fixed structure, such as a building or bridge. This expansion joint material shall extend for the full depth. (b) The top and ends of expansion joint material shall be cleaned of concrete, and the expansion joint material shall be so trimmed as to be slightly below the surface of the concrete. (4) Protection and curing. (a) Forms may be removed when removal will not damage the concrete. No pressure shall be exerted upon the concrete in removing forms. (b) Pedestrians will not be allowed upon the concrete sidewalks or driveways until twentyfour (24) hours after finishing concrete, and no vehicles or loads shall be permitted on any sidewalk, driveway or curb until the concrete has attained sufficient strength. (c) Such barricades and protection devises as are necessary shall be constructed and placed to keep pedestrians and other traffic off the sidewalk or driveway. (d) Any sidewalk or driveway damaged prior to final acceptance shall be repaired by removing concrete within groove limits and replacing it with concrete of the type and finish in the original construction. Damage caused by construction operations shall be repaired. (5) Backfilling. Immediately after removing the side forms, the spaces along the edges of sidewalks shall be filled with suitable material. This material shall be placed in layers not exceeding five (5) inches in loose thickness and compacted until firm. (6) Concrete used in sidewalks shall be ready-mixed portland cement concrete, air-entrained, conforming to the New Jersey Department of Transportation Specifications for Class B, three thousand five hundred (3,500) psi compressive strength portland cement concrete. (7) Concrete sidewalks shall be four (4) feet in width and shall have a slope of one-fourth (1/4) inch per foot toward the street. The compacted thickness of the concrete sidewalk shall be not less than four (4) inches, except in driveway areas where the minimum thickness shall be six (6) inches. C. Concrete drive aprons. (1) Methods of construction shall be similar to those specified above for sidewalk construction. (2) Materials. Driveway aprons shall also be of portland cement concrete, air-entrained, conforming to the New Jersey Department of Transportation Specifications for Class B, three thousand five hundred (3,500) psi. Concrete driveway aprons shall be reinforced with welded steel wire fabric having a six-by-six-inch configuration of 10 gauge wire. (3) Expansion joints. Expansion joints of the preformed bituminous type, one-half (1/2) inch thick, shall be placed along all joints where the 6803

Chapter 68 Streets and Sidewalks Code of the Borough of Seaside Park driveway apron abuts curbing and four-inch-thick non-reinforced concrete sidewalk. D. Notification. The Superintendent of Public Works or, in his absence, the afore-referenced authorized individuals shall be notified two (2) working days prior to the scheduled placement of concrete to allow for inspection of formwork and to be available for inspection during placement of concrete. E. Concrete curbing. (1) The location and layout of the curbing shall conform to the curbline location established for the street along which the curbing is to be installed. Curb location and grades shall be staked in the field under the direction of a New Jersey Licensed Land Surveyor. Three (3) sets of cut sheets indicating top-of-curb elevation and curb face location shall be submitted to the Department of Public Works at least five (5) working days prior to the commencement of curb construction. (2) Methods of construction. All work shall be performed by masons skilled and experienced in the construction and finishing of concrete curbing. (3) Materials. The concrete used in constructing curbing shall be air-entrained portland cement concrete, Class B, three thousand five hundred (3,500) psi compressive strength conforming to all applicable requirements of Section 605 of the New Jersey Department of Transportation Specifications, 1983. Expansion joints shall be of preformed bituminous expansion joint filler, conforming to the requirements of Section 908 of the Standard Specifications. (4) Curb configuration. The curb cross-section configuration shall conform to the Standard Detail, as included herein, and shall be of the standard vertical curb of six by eight by eighteen (6 x 8 x 18). The curb shall have a minimum sixinch reveal or distance between the top of the curb and the gutter. The curb shall be uniform and straight throughout its length. Driveway impressions shall conform to the Standard Detail as herein provided. (5) Expansion and construction joints. Bituminous expansion joint fillers shall be provided at ten (10) foot intervals. (6) Base course. Curbing shall be placed on a firm, compacted sand or gravel base, well tamped and free of clay, debris, organic or other matter which may cause curbing to settle. (7) Notification. The Superintendent of Public Works or, in his absence, the afore-referenced authorized individuals shall be notified two (2) working days prior to the scheduled placement of concrete to allow for inspection of form work and availability for inspection during placement of the concrete. F. Driveway openings. Curbing shall be carried to a full depth of eighteen (18) inches below the driveway opening, as shown in the Standard Detail. There shall be one and one-half (1 1/2) inches lip between the top of the curb along the driveway depression and gutterline to prevent stormwater in the gutter from flowing into the driveway. G. Driveway apron and curb depression detail. Schedule A attached hereto sets forth the detail required for driveway aprons and curb depressions. 4 68-5. Fees. Amended 11-19-2001 by Ord. No. 1285 A non-refundable driveway application fee of fifty dollars ($50.) shall be submitted, payable to the Borough of Seaside Park, with the driveway application. 68-6. Street repairs. All repairs to the street affected by the installation of a driveway must be made in accordance with the requirements of Article III of Chapter 68. 68-6.1 Penalties. Amended by Ord. No. 1291 68-6.2 Repealer. This ordinance repeals any inconsistent ordinance or ordinances, or part or parts thereof. 68-6.3 When effective. This ordinance shall become effective immediately upon final passage and publication as required by law. ARTICLE II Grass, Weeds and Other Impediments 5 Adopted 7-23-1937 as Ord. No. 387 68-7. Removal from sidewalks and gutters. The owner or owners, tenant or tenants of lands abutting or bordering upon the sidewalks and gutters of the public streets, avenues and highways of said borough shall remove all grass, weeds and other impediments from such sidewalks and gutters within three (3) days 4 EDITOR'S NOTE: Schedule A (Driveway Apron and Curb Depression Detail) is included at the end of this chapter. 5 EDITOR'S NOTE: See Chapter 58 (Property Maintenance). 6804

after notice to remove the same shall have been given by said borough; and upon the refusal or neglect of the owner or owners, tenant or tenants of such lands to remove all grass, weeds and other impediments from such sidewalks and gutters in accordance with this ordinance and notice given pursuant thereto, such grass, weeds and other impediments shall be removed from such sidewalks and gutters by or under the direction of the Borough Superintendent 6 of said borough, who shall examine such certificate of cost, and, if the same is found to be correct, shall cause the cost shown thereon to be charged against the lands abutting or bordering upon such sidewalks or gutters, and the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, and the same shall bear interest at the same rate as taxes and shall be collected by the Tax Collector of said borough in the same manner as taxes are collected therein. 68-8. Removal from land. The owner or owners, tenant or tenants of lands abutting or bordering upon the public streets, avenues or highways of the borough shall remove all weeds and underbrush from such lands within three (3) days after notice to remove the same shall have been given by the said borough; and upon the refusal or neglect of the owner or owners, tenant or tenants of such lands to remove all weeds and underbrush therefrom in accordance with this ordinance and notice given pursuant thereto, such weeds and underbrush shall be removed by or under the direction of the Borough Superintendent 7 of the said borough, who shall certify the cost thereof to the Borough Council, which shall examine such certificate of cost, and if the same be found correct, shall cause the cost shown thereon to be charged against the said lands, and the amount so charged shall forthwith become a lien upon such lands and shall be added to and form a part of the taxes next to be assessed and levied upon such lands, and the same shall bear interest at the same rate as taxes and shall be collected by the Tax Collector of the said borough in the same manner as taxes are collected therein. 68-9. Violations and penalties. Amended by Ord. No. 1291 6 EDITOR'S NOTE: Ord. No. 1046, adopted 7-21-1988, established the position of Public Works Director which replaced the Borough Superintendent. 7 EDITOR'S NOTE: See Editor's Note 6. 68-10. When effective. This ordinance shall take effect immediately upon its adoption, approval and publication as required by law. ARTICLE III 8 Excavations Adopted 6-7-1973 as Ord. No. 702 68-11. Permit required. No person, firm, corporation, association or other entity shall dig in or upon, disturb or excavate the surface, soil or material of any public street or public place in the Borough of Seaside Park without first having obtained a permit therefor from the borough official hereinafter designated. 68-12. Legislative intent. It is the intent of this ordinance to require municipal consent to excavate, dig in or disturb any roadways or streets or other municipally owned or controlled public place within the Borough of Seaside Park and to require security or a deposit to insure that the said road, street, highway or other public place will be placed back in the condition they were in prior to such excavation, digging or disturbance. It is the design of the borough to protect the public safety and welfare in the use of said street, roadways or places under the police power of the Borough of Seaside Park by appropriate regulation. 68-13. Written application required. No permit to open or excavate a public street or public place will be issued except upon written application being made therefor. The application shall set forth the following information: A. The name of the applicant. B. The address of the applicant. C. The applicant's telephone number. D. The name of the contractor if different than the applicant: (1) The contractor's address. (2) The contractor's telephone number. E. The name of the person under whose supervision the work will be performed. F. The name of the street or streets or public place to be involved by the opening. G. The length, width and depth of the proposed opening or excavation expressed to the nearest foot. H. The purpose of the opening or excavation. I. The amount of the fee accompanying the application in accordance with the provisions of this ordinance. 8 EDITOR'S NOTE: See Editor's Note 2. 6805

Chapter 68 Streets and Sidewalks Code of the Borough of Seaside Park J. The signature of or for the applicant. K. The applicant shall support his application with one of the following: (1) A copy of the plans for the project. (2) A sketch of sufficient detail to enable the official issuing the permit to act upon the application. L. The amount of cash deposit, if required, that accompanies the application. 68-14. Enforcement official designated. The Director of Public Works is hereby designated as the official to pass upon applications and issue permits for street openings. 68-15. Permit conditions. A. The maximum area to be covered by any one (1) permit issued pursuant to this ordinance is one hundred (100) square yards except in the case of an applicant that has complied with the provisions of 68-20, in which case the maximum area to be covered by any one (1) permit is five hundred (500) square yards. B. A permit may be endorsed by the Director of Public Works to permit the opening or excavation of a larger area than the maximum area herein specified when, in the opinion of such officer, public safety and welfare will not be jeopardized and the flow of traffic will not be unduly impeded. The appropriate fee as specified in 68-16 shall accompany the application when such endorsement is sought, as well as the deposit specified in 68-17. C. When, in the opinion of the Director of Public Works, the extent or nature of the opening or excavation is such that existing water mains, sewer lines, gas mains or the laterals of any of these will be or become exposed to any great extent, he may require, as a condition for the issuance of the permit, continuous inspection during working hours of the work of the permittee. Such inspection shall be by the Borough Engineer or his designated deputy and shall be at the expense of the permittee. When continuous inspection is to be required, it shall be the obligation of the applicant to determine from the Borough Engineer the amount of the fees the Borough Engineer will require for such inspection. The appropriate fee must be deposited with the Director of Public Works prior to the issuance of the permit. The inspector shall have the power to interrupt any work in progress until all shoring or repairing has been accomplished. 68-16. Fees. 11-19-2001 by Ord. No. 1285 At the time the applicant files the written application with the Director of Public Works for the disturbing or excavation of any street or public place, said applicant shall accompany his, her or its application with the appropriate application fee, as hereinafter set forth, to defray the cost of the administration of this ordinance and the cost entailed in making the necessary inspections. A. There is hereby established a fee of one hundred fifty dollars ($150.) to be paid to the borough for a street opening permit. B. Where the opening or excavation is to be of a larger area than one hundred (100) square yards, the further sum of twenty-five dollars ($25.) for each additional one hundred (100) square yards or fraction thereof shall be charged. C. In the event that contractors are employed by the Borough of Seaside Park, no fee shall be required for permit to open or excavate a public street or public place in connection with the performance of a contract awarded by the borough. 68-17. Performance guaranty. Amended 11-19-2001 by Ord. No. 1285 In the event that a public utility is not opening a street, then the Borough Engineer shall estimate and the applicant shall supply the borough with a performance bond in said estimated amount to ensure proper restoration of said disturance. 68-18. Standards and procedures. The permittee shall comply with the following general conditions with regard to the opening or excavation and the backfilling and resurfacing of any public street or public place: A. The permittee shall keep each opening properly guarded, and at night have lights placed thereat, and in doing the work interfere as little as possible with the travel along the road, and open no greater part of the road at any time than shall be allowed by the Director of Public Works. B. The opening shall be backfilled immediately and the pavement shall be restored within five (5) days. Beyond this period, a time extension must be obtained from the Director of Public Works. C. The restoration of the opening shall be maintained for sixty (60) days after completion at the expense of the permittee, and any cash deposit shall not be returned until at least sixty (60) days have passed from the time of repair and the road is in acceptable condition. At the time of the return of the cash 6806

deposit, the permittee shall deliver to the Borough of Seaside Park a maintenance guaranty against defects in workmanship and materials for one (1) year in the sum equal to the amount of the cash deposit conditioned for the maintenance of the restoration. D. The applicant shall give a twenty-four-hour notice to the Director of Public Works, or his duly authorized assistant, prior to making an opening. E. No opening shall be commenced on a Saturday, Sunday or holiday except in a case of emergency. The term "emergency street opening" as used in this ordinance shall include those openings which must of necessity be made after office hours of the municipal official who issues street opening permits, including weekends, and which are necessary to repair broken or damaged lines, pipes, mains or conduits which, if not repaired, would constitute a direct threat to the health, safety and welfare of residents of the community or which would constitute further harm or damage to a person or property. The foregoing specifically excludes street openings for original installation or hookup to any structure, be it residential, commercial or industrial. F. On a bituminous surface treated road, the edges of the opening shall be cut straight through the bituminous surface before the trench is excavated. G. The work shall be so conducted as not to interfere with the water mains, gas lines, sewer lines or their connections with houses until permissions of the proper authorities shall have been obtained. All rock within five (5) feet of a water main or other pipe which shall be damaged thereby shall be removed without blasting. No excavation which will damage trees shall be made. H. The permittee agrees to completely backfill the excavation and to replace as great a portion as possible of the material excavated, compacting it by tamping in layers not exceeding twelve (12) inches thick, or other similar means, subject to approval of the Director of Public Works and to supply additional material when there is a deficiency. I. Upon completion of backfill and placing of road gravel course, the gravel surface and sides of existing adjacent pavement shall be cleaned of all loose aggregate and binder and given a prime coat of asphaltic oil similar to MC-0 or MC-1 at the rate of two-tenths (0.2) gallon per square yard minimum at least twelve (12) hours prior to the placing of the bituminous concrete, which shall not be less than two and one-half (2 1/2) inches thick FA-BC-1. J. The permittee shall maintain at a site of the opening or excavation operation a sign at least three (3) feet high and four (4) feet long indicating the name of the holder of the permit and his, her or its address, and if some person other than the permittee, his, her or its agents, servants or employees is conducting the opening or excavation operation, then the name and address of such other person in addition to the name and address of the permittee shall appear on the sign. This sign shall remain at the site of the opening or excavation until the opening or excavation has been backfilled and resurfaced in accordance with the provisions of this ordinance. K. All existing water mains or laterals or sewer lines or laterals that are exposed in the course of opening or excavation shall, prior to backfilling and resurfacing, be permanently shored up to prevent breaking, sagging or leaking. Shoring of a permanent nature shall be installed so that no part of it shall extend above the pipe that is being supported. Any break or leak that develops in any pipe that is exposed in the course of opening or excavating must be reported, prior to any backfilling, to the utility company or authority that is normally responsible for the maintenance of such pipe, and repaired prior to any backfilling or resurfacing. 68-19. Excavations involving public streets and places. All public streets excavated shall be restored by the permittee to the satisfaction of the Director of Public Works. All public places excavated shall be restored to as good as or a better condition as existed in the area excavated prior to excavation, having due regard to the type of surface that existed prior to excavation. 68-20. Alternate provisions for public utilities. A. Any corporation which is a public utility, subject to the regulation of the Board of Public Utility Commissioners of the State of New Jersey, and/or a municipal corporation or any department thereof, and/or any person, firm or corporation operating any franchise granted by the Borough of Seaside Park which desires to obtain an opening permit from the Director of Public Works under this ordinance may, in lieu of the provisions hereof requiring deposits under 68-17, post a surety bond in the sum of ten thousand dollars ($10,000.) with the Borough Clerk. Such bond will be to ensure compliance with the applicable provisions hereof with respect to each opening of a street or other public place which shall hereafter be made by such public utility, municipal corporation or department thereof, or such other person, firm or corporation operating under a franchise granted by the Borough of Seaside Park. Such bond shall remain with the Borough of Seaside Park during such time as the person, firm, corporation or department continues operations in the Borough of Seaside Park or until the requirement for such deposit ceases or is modified. 6807

Chapter 68 Streets and Sidewalks Code of the Borough of Seaside Park B. In the event the person, firm, corporation or department making such deposit or his, her, their or its agent or employees shall fail to restore any opening made pursuant hereto or attempt to make such restoration in such a manner that the work cannot be approved by the proper municipal officer as herein elsewhere provided and the borough deems it necessary to effect such restoration, the cost of such work and materials to the borough shall be charged against the surety bond. Thereafter the party posting the bond shall not be permitted to make any openings in any street or public place in the Borough of Seaside Park until such party deposits a sum of cash or its equivalent equal to the amount charged against the surety bond to reimburse the borough for its cost in effecting restoration. 68-21. Emergency street openings. A. In case of emergency street openings, any such public utility may make such emergency street opening without first obtaining the written consent of the governing body required by 68-11 of this ordinance and without first making the written application for such consent required by 68-13 of this ordinance, provided that within seventy-two (72) hours after any such emergency street opening is made, any such public utility shall make the written application required by 68-13 of this ordinance and obtain the permit from the Director of Public Works required by 68-11 of this ordinance. B. In case of emergency street openings, any such public utility shall not be required to give the notice required by 68-18 of this ordinance, provided that within twenty-four (24) hours after making any such emergency street opening, any such public utility shall give notice to the Director of Public Works of such emergency street opening. 68-22. Excavations which exceed size limitations. Not withstanding any other provision hereof, no person, firm, corporation or department which has posted a surety bond as provided for in 68-20 shall open any street or public place where the horizontal area of such opening will exceed five hundred (500) square yards. Where it is contemplated that such horizontal area of an opening will exceed five hundred (500) square yards, the fees provided for in 68-7 hereof shall be paid and written consent obtained prior to making such opening. 68-23. Transferral of rights prohibited. No person who opens or excavates any public street or public place under authority of a permit issued pursuant to this ordinance shall permit the opening or excavation operation to be conducted by any person other than the permittee or his, her or its immediate employees unless in those cases where it is contemplated that the permittee will engage the service of some other person to conduct the opening or excavation operation, in which case the application for the permit shall designate the name of the person, firm or corporation other than the permittee who will actually be conducting the opening or excavation operation. 68-24. Violations and penalties. Amended by Ord. No. 1291 ARTICLE IV Driving Over, On or Upon Sidewalks Adopted 4-20-1898 as Ord. No. 3 68-25. Unlawful acts; violations and penalties. 9 Amended by Ord. No. 1291 A. Unlawful Acts. It shall be unlawful for any person or persons to drive on, upon or over any of the sidewalks of any of the streets or avenues within the Borough of Seaside Park. B. Violations and Penalties. Any person who violates any one (1) or more sections of this ordinance shall be subject to a fine of not more than one thousand dollars ($1,000.) for each separate offense and/or confinement in the Ocean County Jail for a period of not more than ninety (90) days. ARTICLE V Stormwater Run-Off Adopted 4-5-1990 as Ord. No. 1090 68-26. Stormwater run-off. No stormwater run-off or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking of these conditions. 68-27. Permit. The owner of a lot who intends the installation or construction of any improvements or materials including but not limited to asphalt, concrete or other impervious surface on a parcel shall first apply to the Borough Engineer for a permit, except in the case of the installation of a driveway to a garage which would not exceed thirteen (13) feet in width for a one (1) car garage and sixteen (16) feet in width for a two (2) car 9 EDITOR'S NOTE: Formerly 68-14, this section was renumbered by prior codification as 68-25 to allow for the inclusion of an expanded Article III. 6808

garage. This exception shall only apply in the event that a garage exists on the lot. 68-28. Application. Permit applications shall indicate on sketch plot the area of the parcel, the proposed improvements and total impervious surface area of the lot. 68-29. Approval. The application shall be approved by the Borough Engineer if said plans shall conform with local and state regulations concerning stormwater run-off and drainage systems and does not increase existing runoff from the site by fifteen percent (15%) over the existing conditions. 68-30. Permit fee. Amended 11-19-2001 by Ord. No. 1285 There shall be no fee for the permit required in accordance with 68-27. 68-31. Violations and penalties. Amended by Ord. No. 1291 ARTICLE VI 10 Casting of Snow or Ice Adopted 12-5-1996 as Ord. No. 1204 68-32. Snow or ice - casting. No owner, tenant or occupant of any premises abutting any street or persons hired by them shall throw, place or deposit snow or ice into or upon any street or sidewalk, it being the intent and purpose of the provision to prohibit all persons from throwing, casting, placing or depositing snow and ice which accumulates upon private property upon the sidewalks and streets of the Borough of Seaside Park. 68-33. Violations and penalties. Amended by Ord. No. 1291 10 EDITOR'S NOTE: Ord. No. 1204 designated this article "Article IV, 68-26 and 68-27." It has been renumbered to maintain the proper numbering sequence. 6809