[Adopted by Ord. No. 73-3; amended by Ord. No. 77-1 (Ch. VIII, Sec. 8-2, of the 1974 Revised General Ordinances)]
[Amended 5-7-2003 by Ord. No. 05-03]
A. 
No person shall construct a new structure or dwelling on a lot fronting on public rights-of-way, unless said public right-of-way complies with § 336-15 below.
B. 
No person shall construct, reconstruct, pave, repave, repair or improve any portion of a dedicated public right-of-way unless an application is first submitted in duplicate to the City Council and subsequently approved by City Council.
C. 
For purposes of this article, the terms "public right-of-way" and "street" may be interchangeable.
[Amended by Ord. No. 74-2; 5-7-2003 by Ord. No. 05-03]
A. 
A permit shall not be issued by the City Council until such person has submitted to the City Council a plan drawn by a licensed professional engineer showing existing grades or contours and proposed grades of streets, proposed typical cross section of street, right-of-way widths and construction widths, drainage scheme and description of all materials to be used in the construction and the proposed method of construction of the street or public right-of-way.
B. 
No permit shall be issued by the City Council until the City has received: a filing fee as provided in Chapter 185, Fees, Article III, Fees for City Services; a satisfactory performance bond in an amount equal to 120% of the Engineer's estimate of costs; and an inspection fee. The inspection fee escrow is subject to replenishment by the permit holder as necessary to satisfy continuing costs of review and inspection related to the project.
[Amended 5-4-2005 by Ord. No. 01-2005; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
C. 
The City Engineer reserves the right to set time limits for the proposed construction, reconstruction, paving, repaving, repair or improvement of any street or public right-of-way within the City limits.
D. 
The clearing and grading of the proposed street or public right-of-way shall be done to the minimum width required to provide for the required paved width plus a minimum six-foot-wide shoulder on both sides of the road and subject to review by the City Engineer.
E. 
The gravel base for all streets or public rights-of-way shall be a minimum of the paved width plus two feet on both sides.
F. 
All grading and stormwater management plans are subject to the approval of the City Engineer, which will be reviewed by the City Engineer on a case-by-case basis, and also subject to review and approval by the Cape-Atlantic Soil Conservation District, CAFRA and Pinelands, if applicable.
G. 
All new streets constructed in existing rights-of-way are to be constructed of the following materials:
(1) 
Base coarse is to be road gravel of I-5 designation compacted to a depth of six inches and shall be the width of the proposed paved road plus two feet on each side.
(2) 
The top coarse is to be three inches bituminous concrete of an I-4 designation.
H. 
All road plans and profiles are to be submitted to NJDOT for road striping designation by the NJDOT. As a minimum, the road edge is to be delineated with a four-inch-wide white stripe and the road center line to be striped with a dashed yellow line meeting NJDOT standards. However, the yellow dashed line is to be replaced by solid yellow lines as dictated by NJDOT.
I. 
The proposed paved surface is to be a minimum of 24 feet in width.
J. 
Exemptions.
(1) 
For purposes of this section, a "section" of street or public right-of-way shall be the section of street or public right-of-way from a point of one intersecting street or public right-of-way (intersection) to the next intersecting street or public right-of-way (intersection).
(2) 
Once a street or public right-of-way intersects with another street or public right-of-way, at that point the street or public right-of-way shall be deemed a new section and shall comply fully with Subsections A through I of this section.
(a) 
New structures or dwellings to be constructed on a partially improved section of street or public right-of-way shall comply with the following:
[1] 
The above section of street or public right-of-way shall be improved from the end of the existing improvement to the opposite end of the lot on which the new structure or dwelling is to be constructed, with the result that the entire frontage of the lot in question will front on an improved roadway as required in § 380-24, Frontage on public street, of this Code.
[2] 
The road material used for improvements under Subsection J(2)(a)[1] shall be of equal material or better of the existing street or public right-of-way. In no case shall a new structure or dwelling be constructed on a lot fronting on a dirt or gravel street or public right-of-way.
(b) 
Existing structures on existing streets or public rights-of-way shall be permitted to the following without any further street or public right-of-way improvements, as long as the existing structure was constructed in compliance with all other City codes and other applicable federal, state, county or other administrative laws or regulations at the time the structure was constructed, unless the following constitutes a "change of use" as set forth in N.J.S.A. 5:23-1 et seq., known as the New Jersey Uniform Construction Code:
[1] 
Structural alterations and/or additions.
[2] 
An increase or enlargement of the square footage.
[3] 
Minor or major repairs.
[4] 
Accessory buildings and/or structures.
[5] 
Municipal road projects funded by municipal tax funds.
Inspection fees shall be based on 5% of the Engineer's estimate, and the estimate shall be based on the market value of the construction at the time the estimate is made.