[Adopted 3-21-2012 by Ord. No. 2012-08]
[Amended 2-13-2018 by Ord. No. 2018-03]
No person or entity shall use or occupy the street end of West
4th Street, West 7th Street or West 16th Street without first obtaining
a permit from the Borough of Barnegat Light in accordance with this
article.
A.
A person seeking issuance of a temporary street use permit shall
file an application with the Borough Clerk, together with an application
fee of $50, setting forth the following information:
(1)
The name, address and telephone numbers (home phone number, work
phone number and cell number) of the person requesting the temporary
use permit.
(2)
The name and address of any entity the applicant is representing.
(3)
The proposed dates for the temporary use/occupancy of the public
street, sidewalk and/or right-of-way.
(4)
A diagram of the area of the street, sidewalk or right-of-way where
the use/occupancy is proposed, along with any cross streets.
(5)
The names, addresses, telephone numbers, blocks and lots of the property
owners for each adjacent property on the street or portion of the
street where the temporary use/occupancy is proposed.
(6)
A temporary use fee of $1,200 per week, or $5,000 per month, or any
part thereof. The $50 application fee shall be credited toward the
permit fee.
[Amended 4-8-2015 by Ord.
No. 2015-005; 9-14-2016 by Ord. No. 2016-010; 3-10-2021 by Ord. No. 2021-02]
(7)
A security deposit of 1.5 times the temporary use fee being charged,
which may be refunded upon the removal of all materials from the right-of-way
no later than the date of the expiration of the temporary use permit.
[Amended 3-10-2021 by Ord. No. 2021-02]
(8)
Insurance and indemnity.
(a)
All applicants must provide a certificate of insurance specifically
naming the Borough of Barnegat Light as an additional insured providing
general liability, bodily injury and property damage coverage with
minimum limits of liability not less than $1,000,000. The applicant
may request a waiver of this requirement upon a showing of undue hardship.
(b)
The applicant shall agree to indemnify, defend and hold the
Borough harmless from and against all losses, damages, claims, liabilities
and causes of action of every kind, or character and nature, as well
as costs and fees, including reasonable attorneys' fees connected
therewith, and the expense of investigation thereof, based upon or
arising out of damages or injuries to third persons or their property
caused by the acts, omissions or negligence of the applicant, anyone
for whose acts the applicant may be liable, or any claims arising
out of or in any manner relating to the activities permitted pursuant
to this chapter to the extent permitted by law.
B.
Upon submission of an application for a temporary street use permit
and acceptance of the appropriate fees, the Borough Clerk shall forward
said application to the Borough Zoning Officer for review and approval,
to assure that:
(1)
The temporary use/occupancy and location of the pubic street, sidewalk
and/or right-of-way use/occupancy will not substantially interrupt
or impede the safe and orderly movement of traffic.
(2)
The temporary use/occupancy and location of the pubic street, sidewalk
and/or right-of-way use/occupancy will not be likely to result in
damage to persons or property nor cause serious harm to the public
health, safety or general welfare.
(3)
The conduct of the temporary use/occupancy and location of the pubic
street, sidewalk and/or right-of-way use/occupancy will not interfere
with the movement of firefighting equipment to such an extent that
adequate fire protection cannot be provided to the Borough.
(4)
Such other concerns deemed necessary in order to properly provide
for traffic control, street and property maintenance and the protection
of the public health, safety and welfare.
C.
If the Borough Clerk and Borough Zoning Officer determine that the
criteria set forth herein are satisfied, the Borough may approve the
permit application, with or without any special conditions which may
be required.
D.
The Borough may waive the application and permit fees for municipal
improvement projects.
E.
All such permits shall be nonexclusive, subject to the specific circumstances
of the permitted use.
F.
The Borough shall notify the police upon the issuance of each such
permit.
In addition to any duties of the permittee which are a condition
of the permit as issued and any other obligations of the permittee
delineated otherwise in this chapter, all permitees shall:
The Borough shall have the authority to revoke any permit issued
hereunder upon the violation of any of the standards for issuance
as set forth in this article, or in the event of circumstances endangering
public health, safety and welfare, or for any other reason deemed
appropriate by the Borough.
