The power to regulate excavation and construction in the public
streets is contained in N.J.S.A. 40:67-1. The incidental power to
perform work where a land-owner has refused to do so and to recover
the cost thereof is contained in N.J.S.A. 40:67-9. The power to regulate
soil removal is included within the general police power granted by
N.J.S.A. 40:72-3 and N.J.S.A. 40:48-2.
For the purposes of this section the following words, terms
or phrases shall be deemed and construed to have the following meanings:
a.
"Municipal roads" shall mean any public street within the Borough
boundaries whose construction and maintenance is the responsibility
of the Borough.
b.
"County roads" shall mean any public street within the Borough boundaries,
whose construction and maintenance is the responsibility of the County
of Ocean.
c.
"State Highways" shall mean any public street within the Borough
boundaries whose construction and maintenance is the responsibility
of the State Department of Transportation.
No person shall make any opening or excavation in any street
under the jurisdiction of the Borough of Point Pleasant Beach without
having obtained a permit to do so from the code enforcement department
in the manner provided in the following sections. Applicants must
also be aware that they are subject to the provisions of the soil
removal ordinance of the Code of the Borough of Point Pleasant Beach
found at Chapter XX.
[Amended 9-15-2020 by Ord. No. 2020-17]
Applications for permits under this section shall be made to
the Code Enforcement Department and shall contain the following information:
a.
Name and contact information (mailing address, email address, office
number, home number, cell number, etc.) of the applicant and all associated
contractor(s).
b.
Name of the street where the opening is to be made and the street
number, if any, of the abutting property.
c.
The Borough of Point Pleasant Beach tax map block and lot number
of the property for the service of which the opening is to be made.
d.
Nature of the surface in which the opening is to be made.
e.
Character and purpose of the work proposed.
f.
Time when the work is to be commenced and completed.
g.
Each application shall be accompanied by a set of plans clearly showing
the exact location and dimensions of all openings.
Permits shall be issued under the authority of the code enforcement
department and in accordance with the provisions of this section and
such regulations as he may from time to time establish. With respect
to each application, the code enforcement department or such person
as he may designate shall determine the initial time limit during
which the permit shall be valid.
Each permit shall be numbered and shall state the identity and
address of the applicant, the name of the street and the location
where the opening 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 code enforcement department.
[Ord. #B-80, § 1; Ord. #1979-13, § 4;
Ord. #1996-18, § 6; Ord. #2008-14, § I; amended 9-15-2020 by Ord. No. 2020-17; 2-16-2021 by Ord. No. 2021-09]
The application fees for a permit to excavate a public street
shall be as follows:
a.
Municipal Roads. An application fee, to the Borough of Point Pleasant
Beach, of $300, unless the area to be opened exceeds 50 square feet.
If the area to be opened exceeds 50 square feet, the permit fee shall
be $600. If a permittee excavates an area without paying the required
fee, the permittee shall immediately tender to the Borough the required
fee upon notice. Any permittee who excavates an area without paying
the appropriate fee initially and who is notified by the Borough of
this deficiency before the permittee tenders the required fee as aforesaid
shall pay an additional fee of $2,000.
In the event that the code enforcement department determines
that any excavation for which a permit has been issued is of greater
dimensions than those stated in the permit, he shall so notify the
permittee who shall pay the additional fee required immediately and
before continuing any further work in connection with the excavation
or construction.
[Amended 7-5-2022 by Ord.
No. 2022-17]
No permit shall be issued for the excavation of any street within
five years after the street has been paved or repaved unless the issuance
of the permit is authorized by a resolution of the Mayor and Council.
If issuance of the permit is authorized, the applicant shall patch
and restore the street opening via infrared pavement repair technology
so as to blend uniformly with the adjacent existing roadway. If the
street opening(s) to be trenched is greater than or equal to 50 linear
feet in total and/or 200 square feet in total, upon completion of
same, the applicant shall restore (milling and repaving) the entire
street surface from edge-to-edge, or curb-to-curb, for the full length
of the excavation as described herein. The street surface shall be
restored to its original condition as determined by the Borough Engineer.
[Amended 9-15-2020 by Ord. No. 2020-17]
a.
No person, firm, partnership, or corporation shall open or dig a
trench in any municipal road, street or highway without first having
posted with the municipality a bond to guarantee that the opening
or trench will be properly closed and the road, street or highway
reconstructed so that it will remain in good condition. The amount
of the bond for any state highway shall be $4,000. The amount of the
bond for any other roadway, highway, street, alleyway or any other
thoroughfare shall be computed upon the following schedule of costs,
except that no bond shall be less than $2,000:
b.
The bond shall be executed by the applicant as principal with a surety
company licensed to do business in the State of New Jersey as surety
and shall be upon the following conditions:
1.
To indemnify, defend and hold harmless the Borough of Point Pleasant
Beach from all loss, damage, claim, or expense, including expenses
incurred and any additional defense of any litigation arising out
of injury to any person or property resulting from any work done by
the applicant under the permit.
2.
To indemnify the Borough of Point Pleasant Beach for any expense
incurred in enforcing any of the provisions of this section.
3.
To indemnify any person who shall sustain personal injuries or damage
to his property as a result of any act or omission of the applicant,
his agents, employees, or subcontractors done in the course of any
work under the permit.
c.
One bond may be accepted to cover a number of excavations by the
same applicant. Bonds shall remain in force for a period to be determined
by the Borough Engineer. In the event that the applicant exhibits
satisfactory proof that he is insured against any of the occurrences
specified in this subsection, then the existence of such insurance
coverage shall be taken into consideration in determining the amount
of the bond.
[Amended 9-15-2020 by Ord. No. 2020-17]
All permits issued under this section shall be subject to the
following rules and regulations:
a.
All excavations shall be kept properly barricaded at all times and
during the hours of darkness shall be provided with proper warning
lights. This regulation shall not excuse the permittee from taking
any other reasonably necessary protection of persons or property.
b.
All work shall be done in a manner that will cause the least possible
interference with travel on the street affected. No street shall be
closed to traffic unless its closing has been approved by resolution
of the Mayor and Council. The police department shall be informed
of all street closings at least 24 hours in advance.
c.
The Code Enforcement Department may, upon application by the permittee,
extend the time limit during which the permit shall be valid.
d.
No work shall be done in such a manner as to interfere with any water
main or sewer line or any connection with either of the same from
any building unless that is the purpose of the excavation or permission
has been obtained in advance from the appropriate department of the
Borough of Point Pleasant Beach. No work shall be carried on in such
a manner as to result in destruction or damaging of any property of
the Borough of Point Pleasant Beach unless this is necessary for completion
of the work and permission has been obtained in advance from the head
of the Borough department or agency having jurisdiction over such
property.
e.
All excavations shall be completely backfilled by the permittee and
as much as possible of the material excavated shall be replaced. Such
material shall be compacted by tamping or other suitable means in
a manner prescribed by the Borough Engineer. Where the Borough Engineer
determines that the excavated material is unsuitable for backfill,
the permittee shall backfill the excavation with standard soil aggregate
gradation designation 1-4 as set forth in New Jersey Department of
Transportation Standard Specifications for Road and Bridge Construction.
Upon completion of the work, the permittee shall remove any excess
material and leave the premises in a clear condition. If the Code
Enforcement Department determines that any backfilled excavation has
settled or caved in, he shall so notify the permittee, who shall promptly
continue backfilling until the Code Enforcement Department determines
that settlement is complete.
f.
All openings in paved streets shall be immediately paved with temporary
pavement upon completion of the backfill. The temporary pavement shall
be maintained in a smooth and safe condition until the permanent paving
is placed. Temporary pavement shall consist of a compacted subgrade
of material acceptable to the Borough Engineer, six inches of compacted
dense graded aggregate (DGA) and temporary pavement consisting of
six inches of hot mix asphalt (HMA) 19M64, installed in two passes
per the Borough Engineer. The compacted, finished top of the HMA 19M64
shall be even with the existing finished grade of the street. Cold
patch will not be permitted as temporary pavement course, unless the
asphalt plants are closed (e.g., during winter months). The temporary
pavement shall stay in place for a period of at least four weeks.
The Borough Engineer may require further time. In general, deeper
excavations shall require longer periods of time for soil consolidation.
The applicant is responsible for maintaining the temporary pavement
in passable condition and shall apply additional asphalt.
g.
If tunneling or boring operations are required, the tunnel or bore
shall be backfilled with rammed concrete composed of one part cement
to six parts sand or pea gravel or as directed by the Borough Engineer.
h.
Blasting shall be prohibited.
i.
If any work is not completed within the time specified in the permit
or any extension thereof, or is not performed in accordance with the
foregoing regulations and such other regulations as may from time
to time be promulgated by the Borough Engineer, then the Borough Engineer
may complete such work in a proper manner and restore the surface
of the street. The cost of so doing shall be charged to the permittee
and may be recovered by an action in any court of competent jurisdiction.
j.
Any existing crosswalk that is damaged or disturbed during the course
of any construction project, or that is proposed as part of any new
public or private development, redevelopment, utility project or capital
improvement project, shall be removed and/or have a new crosswalk
installed, which shall be MUTCD-compliant, consisting of high-visibility
thermoplastic pavement markings in a continental style, which is 24
inches wide, having a minimum length of six feet, extending across
the intersection, as approved by the Borough Engineer.
[Amended 9-15-2020 by Ord. No. 2020-17]
a.
Restoration Specifications.
1.
The surface of all streets shall be restored by the applicant after
30 days' settlement time or when directed by the Borough Engineer.
The applicant shall confer with the Borough Engineer and mill out
the top two inches of the temporary HMA 19M64 base course of the entire
trench area, or area of restoration, plus a minimum of one-foot border
on all sides into the existing pavement to assure straight and uniform
surface restoration. The applicant shall then sweep/clean the area,
apply a tack coat, followed by two inches of compacted HMA 9.5M64
surface course, as set forth in the most current New Jersey Department
of Transportation Standard Specifications for Road and Bridge Construction
(NJDOT Standard Specifications). If cold patch were used as temporary
pavement course, then the entire six-inch depth of cold patch shall
be removed and replaced with four inches of compacted HMA 19M64 base
course and two inches of compacted HMA 9.5M64 surface course, as previously
noted. If and where any settlement occurs in the subject area within
two years' time, the entire trench area plus one-foot border of existing
pavement shall be heated with an infrared heater and then the entire
surface rolled to form a seamless repair over the excavation area.
2.
Upon completion of work, the applicant shall request a final inspection
by the Borough Engineer. The Engineer may require that random core
samples be taken if there appears to be a question regarding either
quality of the asphalt or the thickness thereof. These core samples
will be the responsibility of the applicant and associated contractor(s)
and shall be taken and tested by a certified testing laboratory. All
costs associated with this testing will be borne by the applicant.
If these samples reveal the use of improper material or insufficient
thickness, the applicant shall be required to remove, replace, add
or take other actions to satisfactorily complete the restoration work
as directed by the Borough Engineer. If the work is completed in a
manner satisfactory to the Borough Engineer, the Borough Engineer
will then issue a certificate of satisfactory completion to the applicant.
The performance surety will be returned by the Borough upon receipt
of a satisfactory maintenance guaranty. The provisions of this subsection
are subject to an approval by the Borough Engineer. The bond posted
for compliance shall be released only after acceptance and approval
by the Borough Engineer of the municipality of the work completed
and acceptance and approval of the County of Ocean and State of New
Jersey when appropriate.
3.
All traffic striping damaged during construction shall be restored
with temporary striping that same day. Final traffic striping and
symbol restoration shall be done the same day that final surface course
restoration is done. All traffic control signs removed for construction
activities shall be reinstalled that same day. The provisions of this
subsection are subject to an approval by the Borough Engineer.
b.
Multiple Utility Openings.
1.
When the same applicant, property owner, utility company or authority
performs five or more total cumulative openings, regardless of size,
within the same street block during the five-year period following
resurfacing, repaving, or reconstruction of said street, it shall
be the obligation of that entity to mill to a depth of two inches
across the entire block, between existing gutter lines, and for the
entire block they shall overlay that milled area with a two-inch-thick
layer of compacted HMA 9.5M64 surface course.
2.
When the same applicant, property owner, utility company or authority
performs five or more openings, regardless of size, within the same
year in the same block beyond the five-year period of a resurfacing,
repaving, or reconstruction of said street, it shall be the obligation
of that entity to mill to a depth of two inches across the entire
block, between existing gutter lines, and for the entire block they
shall overlay that milled area with a two-inch-thick layer of compacted
HMA 9.5M64 surface course.
3.
When the same applicant, property owner, utility company or authority
performs trench installation exceeding 1.5% of the pavement's surface
area within a block, or if more than 1/3 of the width of the street
is disturbed, or if three or more openings, regardless of size, are
made within a fifty-foot length of the street, it shall be the obligation
of that entity to mill to a depth of two inches across the entire
block, between existing gutter lines, and for the entire block they
shall overlay that milled area with a two-inch-thick layer of compacted
HMA 9.5M64 surface course.
4.
The requirements of this subsection shall include, but not be limited
to, restoring a percentage of the stabilized concrete base course
and aggregate subbase course as required by the Borough Engineer and
any and all ADA-accessible handicap ramps, sidewalks, curbing, pavement
markings, and gutters/drainage structures (e.g., catch basins) that
fall within the public right-of-way. Areas of roadway disturbance
that extend into or across any street intersection shall saw-cut up
to 10 feet beyond the existing matching line within that intersecting
street, mill to a depth of two inches across the full width of the
intersecting street up to that new saw-cut match line, overlay that
milled area with a two-inch-thick layer of compacted HMA 9.5M64 surface
course, except for any keyway that may be required within the last
foot of the intersecting street, which may require a three- to four-inch-thick
mill and layer of asphalt, as directed and/or required by the Borough
Engineer.
c.
Hold-Harmless Clause. To the fullest extent of the law, the applicant,
the owner, utility company or authority, and the contractor shall
defend, indemnify, and hold harmless, the Borough of Point Pleasant
Beach, its agents, employees, and assigns from any and all claims
of any nature arising from the work done pursuant to the permit. In
the event of any suit or claim agains the Borough arising from the
work, the Borough shall give written notice to the permittee of such
suit or claim.
In any special case the Mayor and council may, by resolution,
impose special conditions to which the issuance of a permit will be
subject, or the Mayor and council may provide by resolution that any
provision of this section shall not apply or shall be altered.
For violation of any provision of this section, the fine shall
not exceed two thousand ($2,000.00) dollars nor be less than one thousand
($1,000.00) dollars for each offense. Each day that there exists an
excavation in violation of any provision of this section shall constitute
a separate offense.
The permittee shall save harmless and agree to indemnify the
Borough of Point Pleasant Beach, its officers, agents and employees
from and against any loss, injury or damage resulting from any negligence,
fault, acts of omission or commission on the part of the permittee,
his officers, agents and employees in connection with the performance
of the work covered by the permit.
The permittee shall present evidence satisfactory to the Borough
Administrator of insurance sufficient to indemnify and save harmless
the Borough of Point Pleasant Beach, its agents and servants against
and from all suits and costs of every kind and from any phase of the
operations performed under the permit. Said insurance shall provide
limits of not less than one million ($1,000,000.00) dollars combined
single limit for auto and general liability. Workers compensation
insurance at statutory limits is also required.
The permittee shall give the required 24 hour notice as applicable
to the Borough Police Department prior to making any road openings.
No project shall commence on a Saturday, Sunday or holiday and no
work which will interfere with traffic, or restrict the width of pavement
available for traffic, shall be performed on those days. No permit
will be approved for openings scheduled from May 15th to September
15th without written approval of the Borough Administrator.
All openings must be backfilled and compacted immediately and
the trench shall have been restored to at least temporary pavement
requirements such that at no time shall the roadway pavement be opened
and unpatched for a length in excess of five hundred (500) feet, or
for a time in excess of one week whichever is the more restrictive
measure. Final paving shall be completed within four months. Upon
completion of final paving, the contractor shall submit a letter to
the Borough Administrator indicating that the final work has been
completed.
Permits issued shall become null and avoid unless work is commenced
within 30 days of the date of issuance of said permit and completed
as far as the temporary pavement stage within 90 days of said issuance
or unless written application for extension of time is filed by the
permittee. In no event will more than thirty (30) day extension be
granted. Should the permit lapse, a renewal application fee will be
required to reactivate the permit.
Work authorized by a permit shall be performed between the hours
of 8:00 A.M. and 6:00 P.M., Monday through Friday.
It shall be the duty of the owner of any property abutting any
public street in the Borough of Point Pleasant Beach upon which a
curb or sidewalk now exists or is hereafter constructed to maintain
the curb, driveway entrances and sidewalks in front of his property
in good condition and at proper grade by reconstructing, repairing
or improving them in accordance with the plans, specifications and
grades on file in the office of the Borough Engineer.
Where the property owner fails to improve, maintain or repair the sidewalks, curbs and driveway entrances abutting his property as required by Subsection 14-2.1, notice may be served on the owner by the Borough requiring him to undertake the necessary construction or repairs within 30 days from the date of the service of the notice.
The notice shall contain a description of the property affected
sufficient to identify it, a description of the repairs or improvements
necessary to comply with this section, and a statement that unless
the owner completes the repairs or improvements within 30 days after
the service of the notice, the Borough will make the improvements
at the expense of the owner.
Notice under this section may be served personally or by leaving
a copy of it at the owner's usual place of residence with a member
of his family above the age of 14 years. In the case of infants, the
notice shall be served on their guardians. When real estate is held
in trust, service shall be made upon the trustee. Where real estate
is held by joint tenants, tenants in common, or tenants by the entirety,
service upon any one tenant shall be service upon all. If the owner
of the real estate is not a resident of the Borough, notice may be
served upon him personally or upon his agent in charge of the property,
or upon the occupant of the property, or mailed to the nonresident
owner at his last known post office address. If the owner is unknown
or, if for any reason, service cannot be made in the manner provided
herein, the notice shall be published in a newspaper circulating in
the Borough at least once not less than 30 days before the improvements
are made by the Borough. Notices to the owners of several different
parcels of real estate may be inserted in the same publication.
Where the property owner, after being served with notice, neglects to make the required repairs or improvements within 30 days, the Mayor and council may cause the improvements to be made by or under the supervision of the appropriate Borough office or may award a contract for the making of it. The Borough officer in charge of the improvement shall keep an accurate account of the costs. The governing body shall examine the report and, if properly made, confirm it and file it with the officer charged with the collection of assessments who shall record it in the book in which other assessments of the Borough are recorded. Before confirming the report, the governing body shall give notice to the owner of the property of the time and place fixed for the examination of the report. The notice shall be served in the manner provided in Subsection 14-2.3, but failure to give notice shall not invalidate any assessment. Where several properties are benefited by repairs or improvements made in accordance with this subsection, the cost shall be assessed against the properties benefited in proportion to their frontage upon the street or sidewalk.
Any assessment made under the provisions of this subsection
shall bear interest and shall be collected and enforced in the same
manner as other assessments or local improvements.
No person shall construct a sidewalk, curb or driveway entrance
along any public street in the Borough of Point Pleasant Beach without
first having obtained a permit to do so under the provisions of this
section.
Application for a permit shall be made in writing and shall
be accompanied by a fee of ten ($10.00) dollars and by a plan or sketch
showing the location and details of construction. The application
shall be filed with the code enforcement department and after the
plan and application have been approved by the code enforcement department,
the permit shall be issued.
No person shall construct a sidewalk, curb or driveway entrance
except in accordance with and to meet the specifications prepared
by the Borough Engineer approved by resolution of the Borough Council
and on file with the Borough Clerk. The specifications may from time
to time, as conditions warrant, be amended by resolution of the Council.
In addition, at all intersections the curbing shall have a barrier-free
design to provide a ramp for bicycles and/or wheelchairs, details
for which may be obtained from the Code Enforcement Department.
No person shall construct a sidewalk, curb or driveway entrance
except under the supervision of the Borough Code Enforcement Department.
Two inspections shall be required as part of the permit process. The
first, a forming inspection, is to be done prior to the curbs and
sidewalks being poured and to ensure the proper thickness, mesh reinforcing
as required, proper location and general conforming to ordinance specifications.
The second inspection would be performed upon final completion of
the work by the property owner. Application for a sidewalk, curb or
driveway entrance and the required fee for said application shall
be filed and paid prior to the issuance of a permit. Failure to follow
the within requirements shall subject the applicant or permittee to
the penalty provisions of the within section.
Entrances. In addition to the specifications on file, the construction
of driveway entrances is subject to the following requirements and
restrictions:
a.
No driveway entrance shall be constructed within 25 feet of a street
corner or intersection without the special approval of the Mayor and
council, upon hardship or unusual circumstances being shown.
b.
No driveway entrance shall be constructed unless the apron thereof
is built of at least six inches of concrete and carried from the curb
line to the inside line of the sidewalk.
c.
In removing a curb for the construction of a driveway entrance, the
entire section of the curb shall be removed to its full depth and
reconstructed to Borough specifications.
d.
For the purposes of this section, a lot is described as a parcel
of land, the location, dimension and boundaries of which are determined
by the latest official record.
e.
No driveway entrance or entrances shall be constructed in the business
zone of the Borough, as designated by the zoning ordinance, unless
approval is granted by the planning board or board of adjustment in
conjunction with a development application upon showing of hardship
and unusual circumstances, except under all of the following conditions:
1.
The total footage of curbline used for driveway entrances shall not
exceed 40 percent of the total footage of curbline of the lot along
the street on which the driveway is located.
2.
No driveway entrance shall be more than 25 feet in width or less
than ten feet in width.
3.
No driveway entrance shall be closer than 22 feet to another driveway
on the same lot measured from the edges of the driveway entrance.
4.
No driveway entrance shall be constructed within five feet of a property
line or 25 feet of an intersecting street.
f.
Driveway entrances shall be governed by the following standards:
1.
No driveway entrance shall be constructed in the residential zones
of the Borough, as designated by the zoning ordinance, which shall
be not less than ten feet and not more than 13 feet in width for a
one-car garage, and not less than 13 feet and not more than 16 feet
in width for a two or more car garage.
2.
Where a driveway entrance is to be reconstructed in the residential
zones of the Borough, as designated by the zoning ordinance, the construction
official shall take note of the existing width of the entrance and,
unless special approval is granted by the Mayor and council upon showing
of hardship and unusual circumstances, the width of the entrance shall
be not less than ten feet and not more than the pre-existing width
of the entrance or 16 feet, whichever is less in width for a one-car
garage. For a two or more car garage, the entrance shall not be less
than 13 feet and not more than 16 feet in width.
g.
When two or more car garages are referred to in this section, they
are defined as garages in which the cars are parked side by side.
h.
In all residential zones where no garage exists, a single car with
driveway shall be permitted to exist within the front yard area subject
to the following conditions:
1.
The driveway shall be no closer than five feet to a property line.
2.
The driveway shall be no closer than 25 feet to an intersecting street.
3.
The driveway width shall not exceed 13 feet.
4.
The driveway surface shall be constructed with an improved material,
such as gravel, stone, asphalt or concrete. In the case of a stone
or lawn-covered front yard area, the driveway shall be delineated
with the use of edging and shall comply with all other provisions
of this section. All front yard areas, with the exception of the approved
driveway, shall be improved with a permeable or pervious surface.
Except where otherwise specifically exempted by the governing body,
in no case shall the non-driveway front yard area be used for parking.
(a)
Parking may be permitted in the front yard area under certain
conditions as approved by the Borough Administrator. Said conditions
shall include, but not be limited to the following: hardship, as a
result of a physical handicap of a household member, or as a result
of age, pregnancy, or temporary disability; size, shape and location
of the property for which the permit is requested; availability and
proximity of alternative parking; or other matters affecting the health
and safety of the residents of said premises. The governing body of
the Borough of Point Pleasant Beach shall have the discretionary authority
to issue permanent parking permits for certain properties for which
an exemption is granted because of the size, shape and location of
the property. The governing body may also review any determination
by the Borough Administrator denying the issuance of a parking permit.
(b)
Application for a hardship permit shall be made to the Mayor
and council and the applicant may be heard at a subsequent council
meeting of the governing body.
(c)
Upon the granting of permission by the governing body, the residents
shall be issued a parking pass which shall be displayed on the vehicle's
dashboard, driver's side, in such a manner so that the endorsement
sticker may be easily examined by a police officer.
(d)
The permit shall be good for a 24-month period and shall require
renewal thereafter upon the submission of an additional request to
the governing body.
The provisions of subsections 14-3.1, 14-3.2, 14-3.3 and 14-3.4 shall not apply to persons constructing a sidewalk, curb or driveway after notice from the Borough to do so pursuant to any sidewalk and curbing ordinance passed by the Borough as a local improvement ordinance in accordance with the provisions of N.J.S.A. 40:65.1 to 40:65.10. However, the provisions of Subsection 14-3.5 concerning the constructing of driveway entrances shall apply to all driveway entrances constructed in the Borough.
Any person who violates any one or more subsections of this
section shall be subject to a fine of not more than five hundred ($500.00)
dollars for each separate offense and/or confinement in the Ocean
County Jail for a period of not more than 90 days.
[Ord. #1987-21, § 2; amended 2-16-2021 by Ord. No. 2021-09]
From and after the date of the adoption of this section, no
shrubs or plants shall be located between the curb and sidewalk in
front of any property within the Borough of Point Pleasant Beach.
In those areas where there are presently plants existing, said plants
and shrubs shall be kept to a height of two feet or less. In the event
that any of said plants or shrubs die, they shall not be replaced.
No vehicular parking shall be permitted between the curb and sidewalk
or on the sidewalk in front of any property within the Borough of
Point Pleasant Beach. Vehicular parking shall be limited to preapproved
delineated areas within the limits of the property.
In the event that any individual property owner wishes to deviate
from the above requirements, they shall only do so upon receipt of
approval from the Zoning Officer of the Borough of Point Pleasant
Beach. Said approval shall be based upon the following standards:
a.
Said obstruction being the form of a plant or shrub, shall not be
within the area commonly known as the "site triangle" located near
any corner within the Borough.
b.
The removal of said plant or shrub would be a hardship on the owner
of the property.
c.
Removal of any plant or shrub would be considered unsightly and out
of character with the neighborhood.
d.
Special permission to install a plant or shrub not in accordance
with the above criteria, shall only be granted upon the satisfaction
of paragraph a above, and upon their being a showing that said plants
or shrub would serve a public purpose, be beneficial to the neighborhood
and not cause any visual obstruction to traffic.
The term "news dispenser" as used in this section shall mean
the outdoor, coin operated boxes used for the self service distribution
of newspapers, advertisements, magazines, flyers or other periodicals.
The term "news dispenser" shall include so called "honor boxes", commonly
used for newspapers, and shall also include boxes used for the free
distribution of advertising materials.
Every news dispenser shall have affixed thereto in a place where
the information may be readily seen, the name, address and telephone
number of the owner, and person responsible for maintaining the news
dispenser.
News dispensers shall be securely fastened and placed so as
to prevent person injury or damage from tilting, tipping or overturning,
and shall be chained or otherwise attached to one another.
News dispensers shall not exceed five feet in height, 36 inches
in height, or 30 inches in depth. Rows of news dispensers shall not
exceed four feet in length.
Placement of news dispensers shall be permitted on any sidewalk,
or boardwalk, in the Borough of Point Pleasant Beach, provided that
the placement of the news dispenser does not reduce the width of the
sidewalk, or boardwalk, to less than three feet. Placement of news
dispensers shall be prohibited in the following areas:
a.
Within 12 feet of the curb return of an unmarked crosswalk, and within
three feet of any marked crosswalk.
b.
Within five feet of a fire call box, fire hydrant, police call box,
utility pole or public fixture.
c.
Within three feet of public areas improved with flowers, trees, shrubs,
etc., to allow access for maintenance.
d.
Within three feet of any driveway.
e.
Within any public street or roadway.
f.
Within any jug handle, median, or traffic island.
Any news dispenser located in the Borough of Point Pleasant
Beach in violation of the provisions of this chapter shall be subject
to removal upon written notice to the owner of said news dispenser.
The owner of any news dispenser located in the Borough of Point
Pleasant Beach in violation of the provisions of this chapter, having
not corrected same within 30 days of receipt of a notice of violation,
shall be subject to a fine, upon conviction of such a violation, not
exceeding one thousand ($1,000.00) dollars or imprisonment in the
county jail for a period not to exceed 90 days or both.
