[Adopted 11-12-2003 by Ord. No. 2003-27]
No residential, commercial or industrial property
owner shall maintain any structure, facility, building, roadway, driveway
or improvement on any property or easement owned by or dedicated to
the Township of Manalapan without the express permission of the township
by reservation of easement, the granting of an easement in accordance
with the New Jersey Local Land and Buildings Law (N.J.S.A. 40A:12-1
et seq.) or the granting of a revocable license by resolution of the
Township Committee. If and in the event a property owner is found
to be in violation of this requirement, the property owner shall be
notified by letter requiring the removal of such structure, facility,
building, roadway, driveway or improvement within 10 days. If said
structure, facility, building, roadway, driveway or improvement has
not been removed, the Township shall authorize its removal under the
appropriate enforcement proceedings of this chapter.
[Amended 4-28-2021 by Ord. No. 2021-08]
Where the Township has discovered that a structure, facility, building, roadway, driveway or improvement is located on Township owned property or on property over which the Township holds an easement and wherein the Township's general welfare and interests are not harmed by the presence of such structure, facility, building, roadway, driveway or improvement, the Township Committee may grant by a revocable license the right to the property owner to maintain such structure, facility, building, roadway, driveway or improvement on the Township property in accordance with a licensing agreement authorized by the Township Committee. In the case of a fence, such fence shall conform to the regulations established in § 95-7.24 of this Code.
A.
Application for license.
(1)
A property owner maintaining a structure, facility, building, roadway,
driveway or improvement on Township property may apply to the Township
Committee for such a license by the payment of a fee of $500 for each
structure, facility, building, roadway, driveway or other improvement
in order to defray the consideration of the application and the costs
for an engineering inspection, preparation of a resolution of approval
or denial and a license agreement when authorized and the costs of
any publication or filings required by law.
(2)
Each structure, facility, building, roadway, driveway or other improvement
shall require a separate application and fee and, if granted, a separate
revocable license.
(3)
The license agreement shall provide that the property owner may maintain
such structure, facility, building, roadway, driveway or improvement
for a specified period of time or an unlimited period of time, subject
to removal on notice by the Township. The license may or may not run
with the land as specified in the license. The license agreement shall
not create an ownership interest in the Township property on the part
of the property owner unless granted in accordance with the appropriate
laws of the State of New Jersey. If and in the event the structure,
facility, building, roadway, driveway or improvement shall at any
time be destroyed or removed from the Township's property, the license
shall automatically be revoked and no new structure, facility, building,
roadway, driveway or improvement shall be constructed on the Township
property without a new license agreement.
(4)
The license agreement issued by the Township may be revoked at the
sole discretion of the Township on notice to the property owner.
(5)
If and in the event the Township in its sole discretion has determined
that a property owner has violated the terms and conditions of a license
agreement, the same may be revoked by the Township upon five days'
notice to the property owner. Such notice may be given by the Zoning
Officer, the Township Engineer or the Township Attorney at the direction
of the Township Administrator.
(6)
The property owner may appeal to the Township Committee any revocation
which the property owner believes to be in error. The Township Committee's
determination shall be final.
