Township of Long Beach, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Long Beach as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Site plan review — See Ch. 164, Art. I.
Subdivision of land — See Ch. 176.
[Adopted 8-2-1974 as § 10-1 of the 1974 Code]
As used in this article, the following terms shall have the meanings indicated:
STREET
Any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Township as a public street, as well as any state or county road or highway over which the Township has acquired jurisdiction by agreement.
A. 
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the Code Enforcement Officer.
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 has begun.
C. 
The Code Enforcement Officer shall issue permits to other public bodies without fee.
The Code Enforcement Officer is authorized to refuse the issuance of any permit if he/she ascertains after consultation with the Township Engineer or otherwise that such refusal is in the interest of public safety, public convenience or public health. If a permit is refused, an appeal may be taken to the Board of Commissioners. The Board of Commissioners, after hearing the applicant and such other evidence as may be produced, may either direct the issuance of the permit or sustain the refusal.
An application for a permit shall contain the following information:
A. 
The name and address of the applicant.
B. 
The name of the street where the opening is to be made and the street number, if any, of the abutting property.
C. 
The Township Tax Map block and lot number of the property for the benefit of which the opening is to be made.
D. 
The nature of the surface in which the opening is to be made.
E. 
The character and purpose of the work proposed.
F. 
The time when the work is to be commenced and completed.
G. 
A set of plans in quadruplicate showing the exact location and dimensions of all openings.
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/her 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 completion of same.
[Amended 7-18-1997 by Ord. No. 97-16C]
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 Clerk.
[Amended 2-5-1988 by Ord. No. 88-20]
A. 
The fee for a street opening permit shall accompany the application for same and shall be as follows:
(1) 
Openings 25 feet and under in length: $15.
(2) 
Openings over 25 feet but less than or equal to 50 feet: $35.
(3) 
Openings over 50 feet but less than or equal to 500 feet: $50.
B. 
If the Township is required to restore the pavement, the cost of same shall be billed to the permittee upon completion of the work according to the following schedule:
(1) 
Gravel surface: $6 per square yard.
(2) 
Bituminous concrete: $18 per square yard.
(3) 
Concrete pavement: $35 per square yard.
[Amended 2-5-1988 by Ord. No. 88-2C]
The permittee shall post a cash or surety bond in the amount of $400 for each application received. The bond shall remain on deposit for a period of one year following the satisfactory completion of all roadway reconstruction work. The bond will be released if the street is found by the Street Superintendent to be in acceptable condition. The permittee shall save harmless the township, its officers and servants from and against any loss, injury or damage resulting from any negligence or fault of the permittee and his or her agents or servants in connection with the performance of the work covered by the permit.
The applicant shall also be required to deposit, in cash or by certified check, a sum determined by the Township Engineer to be necessary to defray the expense of restoring the street to its preexisting condition should the permittee fail to do so.
No permit shall be issued until the applicant has furnished the township with satisfactory proof that he/she is insured against injury to persons and damage to property caused by any act or omission of the applicant, his or her agents or 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. The limits of the policy of insurance shall be $100,000 for injury to any one person and $300,000 for property damage for a single incident. The township may waive the requirements of this section 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.
[Amended 2-5-1988 by Ord. No. 88-2C]
All permits issued under this section shall be subject to the following rules and regulations:
A. 
The permittee shall keep such 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 street and open no greater part of the street at any time than shall be allowed by the Road Department.
B. 
The opening shall be backfilled immediately and pavement shall be restored within one week. If said work is not completed within the period expiration date, the Township Street Superintendent may, if he or she deems it advisable, have the trench filled and place a permanent pavement over the opening. The final restoration charge, based on the schedule contained in § 172-6 will be billed to the permittee upon completion of the work by the township.
C. 
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one part cement to 10 parts sand.
D. 
If blasting is required to be done in the course of any excavations, it shall be done in strict compliance with all applicable state laws and regulations.
E. 
The restoration of the opening shall be maintained by the permittee for a period of one year after completion.
[Amended 2-5-1988 by Ord. No. 88-2C]
In all cases the permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements: On a bituminous-surface-treated street, the edges of the opening shall be cut straight through the bituminous surface before the trench is excavated. The trench shall be completely backfilled with the material excavated and, if determined by the Street Superintendent, a layer or layers of salt hay, compacted and supplied with additional material. When there is a deficiency within the limits of bituminous concrete or bituminous-treated roadways, all trench openings shall be backfilled and compacted as described above. The upper eight inches shall receive Type 2, Class B, road gravel and topped with two inches of bituminous stabilized wearing course.
A. 
Transferability. A 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 45 days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate unless extended in writing by the Board of Commissioners. No opening shall be commenced on a Saturday, Sunday or holiday, except in the case of an emergency.
[Amended 2-5-1988 by Ord. No 88-2C]
C. 
Possession of permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the Township Engineer, shall be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the township or a police officer.
D. 
Revocation of permit.
(1) 
The Board of Commissioners may revoke a permit for any of the following reasons:
(a) 
Violation of any provision of this Article or any other applicable rules, regulations, law or ordinance.
(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 unhealthy, unsanitary or declared by any provision of this Code to constitute a nuisance.
(2) 
The procedure for revoking a permit shall be the same as that set forth in this Code for the revocation of licenses,[1] except that the initial hearing shall be before the Commissioner in charge of the Department of Parks, Public Property and Public Works, with a right of appeal to the Board of Commissioners, and the Chairperson may provide in his/her decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.[2]
[1]
Editor's Note: See Ch. 111, Licensing.
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
E. 
Modification of permit conditions. In a special case the Board of Commissioners may by resolution impose special conditions to which the issuance of the permit may be subject or may decide that any provision of this Article shall not apply or shall be altered.
The Road Committee, in conjunction with the Township Engineer, may make any rules and regulations considered necessary for the administration and enforcement of this Article, but no regulation shall be inconsistent with, alter or amend any provision of this Article or 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 Board of Commissioners. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
A violation of this Article shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Adopted 8-2-1974 as § 10-2 of the 1974 Code]
No curbs, sidewalks or driveways shall be constructed or replaced in the township except pursuant to a permit therefor to be issued by the Code Enforcement Officer based upon an application therefor.
[Amended 6-20-1975 by Ord. No. 75-13C]
Fees shall be as provided in Chapter 64, Building Construction, § 64-3O(15).
A. 
The application shall include information showing compliance with the following requirements:
(1) 
In the case of streets 100 feet in width, there shall be a twenty-foot-wide curb and sidewalk area on each side, with a radius of 20 feet at intersection.
(2) 
In the case of streets 80 feet in width, there shall be a sixteen-foot-wide curb and sidewalk area on each side, with a radius of 16 feet at intersection.
(3) 
In the case of streets 70 feet in width, there shall be a fourteen-foot-wide curb and sidewalk area on each side, with a radius of 14 feet at intersection.
(4) 
In the case of streets 60 feet in width, there shall be a twelve-foot-wide curb and sidewalk area on each side, with a radius of 12 feet at intersection.
(5) 
In the case of streets 50 feet in width, there shall be a ten-foot-wide curb and sidewalk area on each side, with a radius of 10 feet at intersection.
(6) 
In the case of streets 40 feet in width, there shall be a five-foot-wide curb and sidewalk area on each side, with a radius of five feet at intersection.
(7) 
In the case of streets 37 feet in width, there shall be a four-and-five-tenths-foot-wide curb and sidewalk area on each side, with a radius of 4.5 feet at intersection.
(8) 
In the case of streets 33 feet in width, there shall be a four-and-five-tenths-foot-wide curb and sidewalk area on each side, with a radius of 4.5 feet at intersection.
(9) 
In the case of all streets having right-of-way widths other than as hereinabove specified but more than 33 feet, the total curb and sidewalk area shall be 20% of the right-of-way width.
(10) 
In the case of streets less than 33 feet in width, the sideline of the street, also referred to as the "right-of-way line," shall be the curbline.
(11) 
In areas where curbs presently exist, the existing alignment shall be maintained.
(12) 
Provision shall be made for dropped curbs at all driveways.
B. 
In all cases, the alignment and the grade shall be established by the Township Engineer.
C. 
When any curb is to be installed its location shall be identified by a licensed New Jersey surveyor employed by the applicant who shall provide a survey showing the location, dimensions, alignment and grade of the curb as established by the Township Engineer and the surveyor shall stake out the location, height and dimensions of the curb. The application shall include a certification by the owner's surveyor that the curb site has been staked out and the necessary information as herein called for has been supplied.
[Added 8-6-2010 by Ord. No. 10-34C]
[Added 5-16-1997 by Ord. No. 97-11C]
A. 
Curbs shall have a minimum top width of six inches and a minimum bottom width of eight inches. They shall have a minimum depth of 16 inches and shall extend six inches above the paved surface. Concrete for curbing tested by standard methods shall test at not less than 3,000 pounds per square inch in 28 days. Expansion joints shall be provided at twenty-foot intervals with construction joints at ten-foot intervals. Depressed curb ramps for the handicapped shall be installed at all radii in accordance with the most current revisions of ADA standards. Provisions shall be made for dropped curbing at all driveways.
B. 
In lieu of the curbing specifications called for in Subsection A above and § 172-18C of this section, granite block or cobblestone curbs shall be permitted provided they comply with the specifications approved by the County of Ocean for granite block curb/driveway detail and also approved by the Long Beach Township Engineer who shall in approving the same apply the granite block curb/driveway detail as approved and authorized by the County of Ocean.
[Amended 10-5-2004 by Ord No. 04-23C]
C. 
No curbing shall be constructed or installed except as hereinabove provided in Subsections A or B of this section, and curbing consisting of pavers, cobblestones, landscaping timbers, wooden curbing or curbing of any other material shall not be permitted to be used as a substitute for the curbing hereinabove described in Subsection A and all preexisting curbing which does not meet those specifications shall, when being replaced, be replaced to meet said specifications.
[Amended 10-5-2004 by Ord No. 04-23C]
D. 
Location of curbline. In all areas of the township where curbs presently exist, the existing curb alignment shall be maintained. Otherwise, the curbline shall be determined pursuant to § 172-17 (as established by the Township Engineer) and by the Ocean County Road Department for those properties bordering any county roads within the Township of Long Beach.
[Added 5-16-1997 by Ord. No. 97-11C]
A. 
Sidewalks shall be at least four feet wide and shall be four inches to six inches thick and shall be constructed with a minimum 3,500 pounds per square inch (psi) concrete. Expansion joints shall be provided at no less than twenty-foot intervals with construction joints at no less than four-foot intervals. All sidewalks shall have a slope on one-fourth-inch per foot toward the adjacent street.
B. 
On lots in commercial zones required to provide off-street parking fronting on Long Beach Boulevard, dropped curb and driveway entrances may be used in lieu of standard curb and sidewalk.
C. 
Wherever curbs and sidewalks are being installed where there is an existing fire hydrant, the curb and sidewalk shall be installed at the elevation prescribed by the Township Engineer in order to maintain the operability of the existing fire hydrant. The specifications that the Engineer shall require are that for a distance of three feet in each direction along the proposed curb from the center line of the fire hydrant and running back away from the curb to a distance three feet behind the said fire hydrant, the curb and sidewalks shall be so sloped as to permit safe operation of the fire hydrant and further provide the safe pedestrian travel along the sidewalk.
[Added 5-4-2007 by Ord. No. 07-17C]
[Added 5-16-1997 by Ord. No. 97-11C]
A. 
Each lot as described on the Municipal Tax Map which is developed with a single-family or multifamily dwelling shall be permitted curb cuts with the following conditions:
[Amended 2-18-2011 by Ord. No. 11-09C]
(1) 
Each lot with a lot frontage up to and including 50 feet shall be permitted a maximum curb cut of 20 feet.
(2) 
Any lot with more than 50 feet of lot frontage shall be permitted curb cuts up to 40% of the lot frontage on a public street.
(3) 
Curb cuts cannot be placed in such a manner as to preclude public street parking where required.
B. 
Where curbs do not exist, a property owner may identify a section of his property frontage for driveways with yellow paint along the edge of a paved roadway according to the regulations described above.
C. 
All driveway aprons and driveways crossing the sidewalk area shall be six inches thick; it shall be constructed of 3,500 psi concrete and reinforced with a six-inch-by-six-inch ten-gauge welded wire wire mesh.
D. 
All driveway areas including the apron, whether constructed of concrete, asphalt or block pavers, shall maintain and keep exposed any township utility curb box, valve or manhole. The Township Water/Sewer Department must be notified prior to the construction permit for a driveway being issued in order that the township utility systems may be clearly marked out. The construction permit for any driveway shall provide necessary verification that the Township Water/Sewer Department has marked out any area to remain open.
[Added 6-5-1998 by Ord. No. 98-14C]
[Added 4-3-1987 by Ord. No. 87-14C]
A. 
Long Beach Boulevard. Prior to the issuance of a certificate of occupancy for new construction or the resale of property located within Long Beach Township contiguous to Long Beach Boulevard for lands lying generally south of the Ship Bottom Borough line and generally north of the Beach Haven Borough line, the property owner shall install curbs and sidewalks in accordance with the specifications hereinabove set forth in this chapter and Chapter 164, Site Plan Review, Article I, Procedure, of the Code of the Township of Long Beach.
B. 
Exceptions.
(1) 
Subsection A shall not apply to preexisting curbs and sidewalks along Long Beach Boulevard where:
(a) 
Such curbs and sidewalks have been installed and are in substantial conformity with the specifications in this chapter of the Code of the Township of Long Beach in the County of Ocean, State of New Jersey.
(b) 
Where inclement weather prevents the installation of required curbs and sidewalks.
(2) 
The installation of such curbs and sidewalks may be completed no later than 90 days after the issuance of a certificate of occupancy, as set forth in § 64-7; provided, however, that application shall be made for the required curb and sidewalk permit to the Building Department of the Township of Long Beach, and 200% of the estimated cost of the installation of such curb and sidewalk, in cash or certified funds, shall be deposited with the Township of Long Beach to be refunded to the person making application and making such deposit upon the installation of the required curb and sidewalk.
[Amended 12-1-2001 by Ord. No. 00-20C]
(a) 
The estimated cost shall be determined by the Township Engineer upon receipt of two written estimates provided by the applicant from persons or entities qualified to do so.
C. 
Where any curb or sidewalk or both curb and sidewalks are removed or damaged, they shall be replaced at the cost of the abutting owner in accordance with the requirements of §§ 172-17, 172-18, 172-19 and 172-20 of the Code of Long Beach Township.
[Added 8-6-2010 by Ord. No. 10-34C]
[Added 8-6-2010 by Ord. No. 10-34C[1]]
In that area of any public right-of-way between the property line of the abutting owner and the blacktop or other impervious surface constituting the pavement of the public right-of-way, the restrictions set forth in § 205-62 shall apply.
[1]
Editor's Note: This ordinance also renumbered former § 172-22, Violations and penalties, as § 172-23.
[Added 7-18-1997 by Ord. No. 97-16C]
A violation of this Article shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty.