An application for a revocable license shall be filed in a manner
and on forms provided by the City Clerk's office. The application
form shall, at a minimum, contain the following information in a clear
and legible manner suitable for recordation:
A. A legal description, prepared by a New Jersey professional licensed
surveyor, of the adjoining property deriving the potential benefit
of the encroachment;
B. Other identifying information, including the property street address
and Assessor's parcel number;
C. A legal description, prepared by a licensed New Jersey professional
surveyor, of the proposed encroachment both in the form of a narrative
and supplemental drawings showing the type, nature, and extent of
the encroachment;
D. An acceptable current title report, excerpt or lot book report that
establishes the legal ownership of the property in question;
E. The identity and original, notarized signature(s) of the legal owner(s)
of the adjoining property to be benefited as necessary to establish
a legally binding agreement and covenant that shall run with the title
of the land;
F. Evidence that the requested encroachment cannot be reasonably accommodated
on the applicant's own property and outside the City's right-of-way;
G. Evidence that a hardship exists necessitating the encroachment and
that the hardship was not created by the applicant or his/her agents;
H. Any other information that, in the opinion of the City Clerk, code
enforcement and/or the City Engineer is necessary to adequately evaluate
the application, including, but not limited to, property line survey,
topography, geotechnical reports, drainage studies and construction
details of the proposed structure; and
I. A nonrefundable application fee along with a check for all legal fees and filing fees as set forth more fully in §
197-38E.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The licensee shall be solely responsible for the maintenance,
repair, and upkeep of all structures and improvements, including landscaping,
approved under a revocable license. Failure to maintain such facilities
in good repair and to a reasonable prevailing standard, subject to
the sole judgment of the City, may be sufficient cause for the City
to order removal of such structure at the owner's expense upon 60
days' written notice.
Every licensee shall be responsible for restoring the site used
pursuant to the license to its prior condition, upon the conclusion
of said use or upon termination of the license, whichever occurs first.
Any damage to the site or any trash, litter, or debris remaining on
the site following said use shall be presumed to have been caused
by the licensee, and, if the licensee fails to rebut said presumption
or to repair the site or remove the materials, within five days of
notice to do so, a charge may be levied upon the licensee, by the
City, for the cost to remove the materials, plus an administrative
surcharge of 25%.