Editor's Note: Prior source history includes Ord. No. 2721
and Ord. No. 2768
[Ord. No. 2016-43]
The purpose of this section is to establish regulations and
fees for the opening of municipal streets within the City of Asbury
Park.
[Ord. No. 2016-43]
As used in this section:
shall mean an opening, tearing up or excavating, for any
purpose, of a City road of fifty (50) feet or more of roadway length
or where connecting lateral openings are made at average intervals
of less than fifty (50) feet along the roadway length or an opening
which disturbs twenty (20%) percent or more of the pavement area.
shall mean any person, corporation, public utility or other
entity on whose behalf a street opening is performed by a permittee.
shall mean any person, firm or corporation granted a permit
hereunder.
shall mean telephone, telecommunications, electric, water,
gas and cable television companies or any other entity having either
the power of eminent domain or subject to the regulations by the Public
Utilities Commission of the State of New Jersey.
shall mean any opening, tearing up or excavating, for any
purpose, of a City road, which is not an extensive opening.
shall mean any street, road or other public way dedicated
to and accepted by the City of Asbury Park, and shall include all
of the area thereof lying within the bounds of the dedicated right-of-way.
[Ord. No. 2016-43]
a.
No person, persons or corporation, municipal or private, nor any
utility company, public or private, shall for any purpose open, tear
up, excavate, bore, tunnel or drive under or in any way impair the
surface or sub-surface within the limits of the right-of-way of any
street in the City of Asbury Park without first obtaining a road permit
from the Department of Public Works of the City.
b.
Only such persons, firms or corporations to whom or to which permits
have been granted shall be permitted to perform such work and then
only in the manner herein required and only as specifically allowed
in the permit. Assignment of rights under any permit issued hereunder
is prohibited and permits purportedly assigned shall be immediately
void. Contracting or subcontracting work to a person, firm or corporation
to whom or to which no permit has been granted is prohibited and complying
with the requirements set forth by this section.
c.
Any corporation which is a public utility, subject to regulation by the Board of Public Utility Commissioners of the State of New Jersey, or a municipal corporation or any department thereof, and which desires to obtain permits under the provisions of this section, shall, in lieu of the provisions hereof requiring deposits under this section 16-1, make a bond, and which may be the bond of such public utility solely, in the penal sum of one hundred thousand ($100,000.00) dollars. If the public utility anticipates more than ten (10) street openings per annum, then such utility will be required to submit a bond in the penal sum of ninety thousand ($90,000.00) dollars supplemented with a ten thousand ($10,000.00) dollar cash deposit which shall be held in escrow by the City. All bonds shall run in favor of the City and will be placed on file with the City Clerk. Such bond shall be conditioned upon compliance with the applicable provisions of this section in respect to each street opening which shall be made by such public utility in the City and the obligation of such bond shall be a continuing obligation to the full amount thereof in respect to each such street opening. If a deficient street opening is identified, the public utility shall be notified in writing and given fourteen (14) calendar days from the date of notification to repair same. Failure by the utility to repair the deficiency will result in use of the cash deposit by the City to repair the same. If the cash deposit is insufficient to repair the deficiencies, then the City shall seek reimbursement from the respective utility and/or bonding company for the additional amount. If such reimbursement is not received by the City within thirty (30) calendar days of written notification, then an additional assessment of twenty-five ($25.00) dollars per day may be added to the reimbursement amount as determined by the City Manager. Any use of the ten thousand ($10,000.00) dollars escrow cash deposit must be replenished by the public utility within thirty (30) days of written notification by the City. No permits will be issued until the escrow deposit is replenished. Any utility which posts their performance security via one hundred thousand ($100,000.00) dollar utility bond will also be given fourteen (14) calendar days to repair any deficient road opening. If there are more than three (3) occasions whereby the deficient street opening is not repaired within fourteen (14) calendar days, then such utility will be required to revise their form of bonding to a ninety thousand ($90,000.00) dollar utility bond and a ten thousand ($10,000.00) dollar cash deposit which shall be held in escrow by the City.
The City will maintain the requisite permit logs to monitor
the number of permits issued to each utility. Any utility which posts
the one hundred thousand ($100,000.00) dollar bond, and exceeds its
threshold of ten (10) street openings per annum, will be required
to revise their form of bonding to a ninety thousand ($90,000.00)
dollar utility bond, and a ten thousand ($10,000.00) dollar cash deposit
prior to the City's issuance of any additional permits beyond
the threshold.
[Ord. No. 2016-43]
Nothing contained in this section shall be construed as requiring
the issuance of a permit for the performance of any work done by the
City of Asbury Park or under a contract with the City for the construction
of waterlines, sewer lines or street improvements.
[Ord. No. 2016-43]
No person or corporation shall be issued a road opening permit
until he presents satisfactory proof in the form of the authorization
number from the One-Call Damage Prevention System as required by N.J.S.A.
48:2-73 et seq.
[Ord. No. 2016-43]
No street, road or paved area constructed, reconstructed or
repaved within ten (10) years, based upon the useful life of the New
Jersey Bond Law, of the time that the road is sealed, other than a
planned development approved by the Planning Board of the City or
other regulatory authority, can be excavated, built or patched except
in the case of emergency, which includes but is not limited to gas
leaks, water main leaks and sewer breaks.
[Ord. No. 2016-43]
Certification of all underground facilities having been previously
located and marked using standard color codes for gas, water and other
utilities. Certification must indicate marking authorization number.
Final line striping and pavement markings must be restored immediately
to original or better condition. The standard for the City of Asbury
Park for line striping and traffic markings is the application of
6" min. width hot extruded thermoplastic.
[Ord. No. 2016-43]
a.
Form.
1.
Application for a permit shall comply with the "City of Asbury Park,
Department of Public Works Operations Road Opening Permit Policy Requirements"
and shall be made in writing on forms prescribed by the Superintendent
of the Department of Public Works and issued by the said Department
and shall be filed at least one (1) week prior to the commencement
of any work unless it is an emergency. The application shall specify
the name and address of the applicant; the specific location of the
proposed excavation and the width, length and depth thereof; the type
of road or other surface; and the individual(s), firm or corporation
for whose benefit the excavation is to be made and shall be accompanied
by a nonrefundable fee for the issuance of the permit as hereinafter
provided, together with the charges as hereinafter set forth.
3.
No work may commence by the permittee until the date set forth in
the issued permit.
b.
Emergency Road Opening.
1.
In the event that an emergency condition exists requiring immediate
action by any person, firm or corporation required to obtain a permit
pursuant to this section, the person may immediately cause the roadway
to be entered and emergency measures taken without first obtaining
a permit, provided that:
(a)
A true emergency exists and the person(s) doing the work notifies
the City of Asbury Park Police and Fire Departments prior to start
of work; the Police and Fire Departments shall log the emergency.
(b)
A permit is applied for within twenty-four (24) hours of the
road opening or on the next business day, whichever is more practical.
(d)
The Superintendent of the Department of Public Works or the
City Engineer shall be notified within twenty-four (24) hours of a
road opening. If a road opening commences on a Saturday or Sunday
as a result of emergency road work, the Police Department of the City
shall be notified prior to start of work, and the Superintendent of
the Department of Public Works or City Engineer shall be notified
on the morning of the first business day thereafter.
(e)
In the event of an emergency opening, the person, company, or
utility shall apply for a permit no later than the next business day.
Any opening that is found without a permit issued will be subject
to a $1,000.00 application fee and a $75.00 inspection fee. No exceptions.
2.
The City reserves the right to issue a written stop work order where
same is deemed appropriate by the Superintendent of the Department
of Public Works or City Engineer.
c.
Review of the Application of Small Openings. Prior to the issuance
of a permit, copies of the application therefor shall be referred
to the Superintendent of the Department of Public Works or the City
Engineer who shall, within five (5) working days, note any objections
to the issuance of a permit or any conditions which shall be satisfied
prior to or be imposed as conditions upon the issuance of the permit,
as appropriate.
d.
Applicant. The applicant must be a licensed contractor or agent of
a public utility, whether corporate, individual or partnership, who
will be actually engaged in the performance of the work to ensure
the safety of the public and that the work is done in accordance with
City specifications. The application shall be made for and on behalf
of the owner for whom such work is being done and shall be countersigned
by such owner. Permits will not be issued directly to private owners
or developers without specific written approval of the Mayor and City
Council.
e.
Agreement. Except where otherwise provided by law, the owner shall
agree, as a condition of the issuance of a permit, that any facilities,
pipes or poles or other object(s) to be installed within the City
right-of-way pursuant to the permit shall be promptly relocated at
the owner's expense, except where otherwise provided by law,
as required by the City of Asbury Park, to accommodate the installation
of City facilities. Such agreement shall be in writing and contained
on the face of the application form and permit.
f.
Review of Application for Small and Extensive Openings. All small
and extensive openings shall first be reviewed and approved by the
Superintendent of the Department of Public Works, and extensive openings
shall subsequently be reviewed and approved by the City Engineer prior
to the issuance of a permit.
g.
Issuance. Street opening permits shall be issued by the Public Works
Department once reviewed and approved as provided for herein; provided,
however, that no permit shall be issued until an application fee and
an engineering fee, both of which are nonrefundable, have been paid
to the City.
[Ord. No. 2016-43]
a.
Generally. The New Jersey State Department of Transportation Standard
Specifications for Road and Bridge Construction, with all amendments
and supplements, shall govern all of the work performed under City
of Asbury Park road opening permits, except as supplemented below.
1.
No City road shall be closed to traffic without prior written consent
of the Police Department. In the event that a road is closed, uniformed
police may be required to act as traffic directors. Maintenance and
protection of pedestrian and traffic control is the responsibility
of the applicant and must conform to NJDOT and MUTCD standards along
with the requirements of the local municipality. All costs of providing
uniformed police shall be the responsibility of the permittee or the
owners. In the event that a detour is deemed necessary by the permittee,
application shall be made to the Chief of Police, who shall determine
the necessity for such detour and the route to be followed. In emergency
situations, notification by phone to the Police Department shall be
done prior to start of work.
2.
Any work under an issued permit must be commenced within three (3)
months from the date of issue and completed forty-five (45) days from
commencement, or the permit shall be deemed void, and reapplication
shall be required.
3.
With the exception of emergencies and weather permitting, work commenced
under a permit shall be continued without interruption during normal
working hours until completed.
The City reserves the right for "emergency" road openings to
permit work to be undertaken upon a "24/7" basis.
4.
The applicant shall notify the City Clerk; Police Chief and the Superintendent
of the Department of Public Works or the City Engineer forty-eight
(48) hours in advance of the actual commencement of any work under
a permit.
5.
The existing pavement must be cut with a compressor, wet saw, or
an approved mechanical cutting device, in a straight line and to the
full depth of pavement before excavation. All City storm drains and
catch basins will be protected at all times. Any damage will be repaired
by the applicant at his expense.
6.
All fill removed from trench is to be discarded by applicant. The
trench must be of suitable width to obtain proper mechanical compaction.
All backfill is to be done with quarry process stone Type 1-5 or DGA,
or other suitable material if approved by the City Engineer, for the
full depth of the trench. First lift of fill, twelve (12) inches above
pipe, shall be compacted using a Jumping Jack or Vibratory Tamper.
Successive lifts shall be compacted by mechanical means such as tamping,
vibrating or rolling. A vibra plate tamper is not acceptable.
7.
For Bituminous concrete roadways, upon completion of the proper backfill,
a compacted 10 inch layer of bituminous concrete stabilized Base mix
1-2 shall be utilized in lifts of no more than three (3) inches (compacted
thickness) in all trench areas.
For concrete roadways, upon completion of the upon completion
of the proper backfill, pavement shall be restored utilizing 10 inches
of Class B concrete with double wire reinforcing.
The specific requirements relative to the restoration of concrete roadways is covered in Section 16-1.12; Construction Specifications.
For both bituminous concrete and concrete roadways, the top
surface shall be flush with the adjacent pavement and be uniformly
contoured to the existing surrounding surface.
For concrete roadways, the concrete material shall be "plated"
in accordance with the requirements of this section for a 28 day period
to assure proper curing.
If "High Early" concrete is utilized, the excavation shall be
"plated" for a minimum of 14 days.
Under the provisions of this section, to assure proper curing,
prior to the possibility of the City needing to apply de-icing materials,
concrete may not be installed after October 20th.
Should a roadway opening be made after that date, the pavement
shall be restored using 10 inches of bituminous concrete stabilized
Base Mix 1-2 installed in accordance with the provisions of this section.
The bituminous concrete stabilized based pavement shall be removed
after April 1st of the subsequent calendar year and standard concrete
pavement installed.
8.
Applicant must install and maintain temporary line striping and pavement
markings.
9.
The applicant further agrees to keep the trench filled to the level
of surrounding pavement until settlement has ceased. City of Asbury
Park shall be held harmless in any and all accidents arising out of
trench defects.
10.
(a)
After the Superintendent of Public Works has determined that the
excavation has had a sufficient time period for settlement, final
restoration will be undertaken using 2 inches (compacted thickness)
of bituminous concrete surface course Mix 1-5 to be placed over the
entire area of stabilized base as determined by the City. The surface
pavement shall be "infra-redded" to assure a seamless transition between
existing pavement and the road opening.
(b)
The resulting milled surface shall then be swept and tack coat
material applied before the two (2) inch compacted surface course
is laid. This course shall be thoroughly compacted flush with the
surrounding surface by vibratory rolling and be uniformly contoured
to the adjacent pavement.
(c)
When using infrared resurfacing application, all stabilized
base material in the road opening plus a minimum of twelve (12) inches
surrounding the edge of the opening require heating and raking to
a depth of one (1) inch. All raked material to be discarded and replaced
by fresh hot FABC top mix.
(d)
All manhole frames and covers installed within the pavement
area shall be set to finished grade. Any scaring or road damage to
any other part of a City roadway caused by this permit shall be repaired
as per the above conditions.
11.
When necessary to cross over, or under existing bridges or culverts
under the jurisdiction of the County, no work whatsoever shall be
performed until the City engineer has approved filed plans. There
shall be a minimum of 12 inches separation between the City drainage
system and the utility line.
12.
The City requires an extended maintenance period of up to two years
after permanent restoration and an additional maintenance bond depending
upon the nature of the work involved. This additional obligation will
be released upon completion and acceptance of the work by the City.
The maintenance bond shall be executed by the permittee as principle
and Surety Company licensed to do business in the State of New Jersey
as surety.
13.
No road opening permit will be issued between November 15th and March
15th unless an emergency exists. In the event an emergency exists
and a permit is issued during this period, the applicant, by accepting
this permit, assumes all responsibility for the safe maintenance of
said opening and further assumes all liability for damages resulting
from or any way connected to this project.
14.
The use of steel plates on City roadways between November 15th and
March 15th is prohibited. All steel plates that are installed on City
roadways are to be countersunk, pinned, and ramped.
15.
Applicant is responsible for complete and total restoration of opening
and surrounding roadway for a period of up to two years after permanent
paving. There are no exceptions. All escrow monies and bonds will
be released at that time when all workmanship connected with this
project is deemed acceptable.
16.
Certification of all underground facilities having been previously
located and marked using standard color codes for gas, water and other
utilities. Certification must indicate marking authorization number.
Final line striping and pavement markings must be restored immediately
to original or better condition. The standard for the City of Asbury
Park for line striping and traffic markings is the application of
6" min. width hot extruded thermoplastic.
17.
Additional Extensive Road Opening Requirements.
(a)
Permanent pavement will be milled and paved from curb line to
yellow center line from start to finish. If laterals are 100'
apart or less, the entire road shall be milled and paved from curb
to curb start to finish. Laterals that are more than 100' apart
shall have infrared paving repairs.
(b)
Traffic lines with thermoplastic glass beads must be replaced.
(c)
Backfill quarry process with dust shall be compacted every 10
inches by mechanical vibratory compactor. The utility company/contractor
shall be responsible for a period of two years to make repairs related
to any settlement.
(d)
Before crossing over, or under existing bridges, drainage structures
or culverts under City jurisdiction, the applicant must notify the
City and no work whatsoever shall be performed until the City engineer
has approved filed plans. (Every effort must be made to have a minimum
separation of 12 inches between the outside of the permittee's
pipes and the City's drainage structures).
b.
Guard. The applicant shall keep the work site properly guarded both
day and night and shall have lights, barriers and adequate safety
devices as described in the Manual on Uniform Traffic Control Devices
placed thereat and maintained throughout the performance of the work
and shall interfere as little as possible with traffic along the street
or road within the City, and only that part of any such street or
road as is set forth in the permit shall be opened.
c.
Minimum Cover. All utilities shall be constructed with a minimum
cover as shown in Table I set forth below to provide protection for
the utilities in the event that future City road construction, repair
or modification necessitates excavation, undercutting or installation
of facilities in the area where the utility is located. This location
will in no way relieve the utility owner of the responsibility of
relocating the utility at the utility owner's expense in case
of conflict with future construction, reconstruction or modification
of related facilities, except as otherwise specified herein. The aforementioned
minimum cover may be waived by the Superintendent of Public Works
or City Engineer if the applicant prepares and files certified plans
indicating the location, extent and depth of the facilities and the
plans are approved by the Superintendent of Public Works or City Engineer.
This subsection shall apply only to new construction.
|
Table I
| |
|---|---|
|
Utility Designation
|
Minimum Cover*
(inches)
|
|
Cable television
|
18
|
|
Electric
|
18
|
|
Gas
|
30
|
|
Telephone
|
18
|
|
Water
|
48
|
|
*NOTE: Measured from top of pipe, conduit, duct or cable to
finished pavement or ground surface.
| |
d.
Protection of Existing Structures. It shall be the responsibility
of the permittee to give proper notice of the proposed street opening
to any person, firm or corporation whose pipe, conduits or other structures
are laid in the portion of the street to be opened. The notice shall
be given to all utilities by calling the One-Call Damage Prevention
System at telephone number 1/800/272-1000 as provided by law, and
the permittee shall restore same, at his own expense, to the condition
it was in prior to commencement of work.
e.
All excavations shall be completely backfilled at the end of each
working day unless it would constitute a hardship to the permittee
or where the size of the excavation makes it impossible to backfill
at the end of each working day, in which event a waiver may be granted
by the Superintendent of Public Works or City Engineer. In the event
that a waiver is granted, the contractor or owner shall cover the
excavation with heavy one (1) inch thick plates secured to existing
pavement to prevent rattles and movement and erect appropriate barriers
and lights around the entire excavation and arrange to provide appropriate
security protection, if such security is necessary, at his own cost,
and such other safeguards as may be needed to protect the public from
an open excavation. If plates are placed for over a weekend or for
an extended period, all edges are to be macadam-sealed and sloped.
In no event shall an excavation be left open for more than seventy-two
(72) hours unless an emergency exists and permission has been secured
from the Chief of Police, Superintendent of the Department of Public
Works, City Engineer or their designated representatives.
[Ord. No. 2016-43]
a.
The permittee shall be liable for any damage to the roadway leading
to or adjacent to the work site.
b.
The permittee shall, on a continuing basis, maintain all streets
and other property affected by the construction in a clean condition
free from all rubbish, excess earth, rock and other debris. Upon completion
of all work under the permit, the permittee shall again clean the
affected property and remove all debris and unused material. In the
event that the permittee fails to act as provided herein, the City,
upon twenty-four (24) hours' notice to the permittee, may clean
and remove all rubbish, excess earth, rock, debris and unused material
and charge the permittee the cost thereof. If the permittee fails
to reimburse the City for the costs incurred, the costs shall be deducted
from the permittee's deposit held by the City Clerk.
[Ord. No. 2016-43]
The Superintendent of Public Works or City Engineer shall periodically
inspect all road openings and the repair and resurfacing thereof for
the purpose of determining compliance with the conditions imposed
on the issuance of the permit and the specifications. The City may,
upon the recommendation of either of them:
a.
Order a temporary stop to any road opening.
b.
Order that the applicant perform or correct work in accordance with
the directions of the City.
c.
Order a stop to any work and revoke the permit, in which event the
City of Asbury Park shall complete the work, or cause it to be completed,
and either declare the applicant's deposit forfeited or notify
the applicant's surety of an intent to file claim on the bond.
d.
Authorize the correction of any work after notification to the permittee
and after the neglect or the refusal of the permittee to make such
corrections within twenty-four (24) hours and, after the completion
of same, either declare the permittee's deposit forfeited or
notify the permittee's surety of an intent to file a claim on
the bond.
e.
Take any other action deemed reasonable under the circumstances to
protect the City's interests.
[Ord. No. 2016-43]
No road opening shall be permanently paved until a final inspection
has been made by the City Engineer or Superintendent of the Department
of Public Works and final approval given.
a.
For all openings:
1.
The paved roadway surfaces shall be saw-cut or blade-cut vertically
on a straight line with approved pneumatic equipment before excavating.
2.
The material excavated from the trench opening shall not be replaced
as backfill unless expressly authorized by the Superintendent of the
Department of Public Works or City Engineer. Excavated materials must
be removed from the work site the day of excavation.
3.
The backfill of dense graded aggregated or bank run sand, where permitted,
shall be furnished from outside sources.
4.
The uncompleted length of road opening allowed under a permit at
any one time shall not exceed fifty (50) linear feet unless a special
need can be established by the permittee and approval to exceed this
limitation is secured from the Superintendent of the Department of
Public Works or City Engineer. Such special need shall be noted in
writing to the Superintendent of the Department of Public Works or
City Engineer before such permission is granted, except in unusual
cases and/or emergencies. In that event, such special need shall be
documented in writing after approval is granted.
5.
Where existing manholes are located in the shoulder areas, a minimum
of two (2) inches (compacted thickness) of Hot Mix Asphalt Surface
Pavement, Mix I-5 shall be placed for eight (8) feet on both sides
of the manhole casting on four (4) inches of compacted dense graded
aggregate stone sub-base. The width of the Hot Mix Asphalt Pavement
Mix #I-5, shall vary to the dimensions of the existing shoulder.
6.
All backfill shall be placed in six (6) inch layers, with each layer
thoroughly compacted by mechanical means to the satisfaction of the
Superintendent of the Department of Public Works or City Engineer.
The Superintendent or City Engineer shall have the right to require
a compaction test to be performed by an independent laboratory at
the expense of the permittee.
7.
After proper compaction and cutback of the road, the entire width
of the trench plus a four (4) inch overlap shall be paved with the
temporary pavement.
b.
Asphalt Pavement Openings.
1.
For openings in bituminous concrete or penetration macadam pavements,
backfill material shall be deposited in one (1) foot layers and thoroughly
compacted to a level twelve (12) inches below the surface level of
the adjacent paved surfaces. The opening shall be cut back six (6)
inches beyond the edges of the trench opening. The sub-base course
shall be dense graded aggregate four (4) inches compacted thickness.
The base course shall be Hot Mix Asphalt Mix I-2 (stabilized base
six (6) inches thick (compacted thickness) placed in three (3) lifts.
The surface course shall be two (2) inches (compacted thickness) of
Hot Mix Asphalt Surface Pavement Mix I-5 with all joints between the
existing pavement and the bituminous concrete surface course to be
sealed with a tack coat.
2.
When road openings are in sequence or are within three (3) feet of
another opening, the surface area of the combined openings will be
paved to form one (1) continuous surface. The surface course shall
be two (2) inches (compact thickness) of Hot Mix Asphalt Surface Pavement,
Mix I-5 with all joints between the existing pavement and the bituminous
concrete surface course shall be sealed with a tack coat.
3.
The temporary pavement shall consist of four (4) inches (compacted
thickness) dense graded aggregate sub-base and the Hot Mix Asphalt
Pavement Mix I-2 (stabilized base) course described herein.
The temporary pavement shall be placed and compacted one (1)
inch below the finished surface of the existing pavement and shall
be maintained at this level by the permittee by the addition of Hot
Mix Asphalt Surface Pavement, Mix I-5 until final settlement has occurred.
After the City Engineer and/or Superintendent of Public Works has
determined that final settlement has occurred, the pavement shall
be completed by the placing and compaction of additional Hot Mix Asphalt
Surface Pavement, Mix I-5, level with the existing pavement. Prior
to placing the additional Hot Mix Asphalt Pavement, the pavement shall
have "tack" applied. This section applies to all openings, including
those completed by a public utility. The public utility shall work
the City to ensure the temporary pavement is replaced in a timely
fashion.
c.
Concrete Pavement Surface Openings. For all openings in concrete
surfaces, the trench backfill shall be compacted in one (1) foot layers
to a level four (4) inches below the top of the adjacent paved surface.
The openings shall be cut back six (6) inches beyond the edges of
the trench opening. Four (4) inch (compacted thickness) of Hot Mix
Asphalt Pavement Mix I-2 (stabilized base) temporary pavement shall
then be placed in two (2) inch lifts, compacted level with the existing
pavement and shall be maintained by the permittee to a pavement, level
with the existing pavement by adding additional Hot Mix Asphalt Pavement
material until final settlement has occurred. After the City Engineer
and/or Superintendent of Public Works have determined that final settlement
has occurred, the temporary Hot Mix Asphalt Pavement shall be removed
and the opening excavated to a depth of ten (10) inches and a pavement
of Class "B" concrete, ten (10) inches in depth shall be constructed
level with the existing pavement surface. The Class "B" concrete pavement
shall be reinforced with a double level of 6 x 6, No. 6 gauge wire
mesh reinforcing and shall be placed in the opening and extend fully
into the cutback shelf. The "bottom" wire reinforcing shall be set
eight (8) inches from the roadway surface. The "upper" reinforcing
shall be set two (2) inches from the pavement surface.
The concrete pavement shall be "finished" to "match" the roadway
surface or with a "broom" finish as directed by the City Engineer
or Superintendent of Public Works.
After the concrete has been placed and if the roadway is to
be opened to traffic prior to full "curing" of the concrete pavement,
the roadway shall be "plated" with standard highway plates capable
of supporting H20 loading. The plate shall extend a minimum of six
(6) inches beyond the limits of the new concrete pavement. The plates
shall be secured and installed in accordance with current New Jersey
Department of Transportation specifications including temporary ramping
and shall remain in place for a minimum of twenty-eight (28) days
to permit curing of the concrete.
If "high early" concrete is utilized, the plates shall remain
in place a minimum of fourteen (14) days.
d.
Nonpaved Area. All grass or graveled area or sidewalk areas disturbed
within the City right-of-way shall be reconstructed, topsoiled, seeded
and mulched within fourteen (14) days of completion of excavation.
All concrete areas will be thoroughly compacted. These limits may
be waived by the Superintendent of the Department of Public Works
or the City Engineer only when abnormal temperatures or inclement
weather necessitates the same.
e.
All work shall be guaranteed for a period of twelve (12) months.
f.
Openings Undertaken Within Ten Years of Resurfacing. If a utility
opening is undertaken less than ten (10) years after a roadway has
been resurfaced, the utility shall be required to profile and resurface
that portion of the roadway deemed necessary by the City Engineer
and/or Superintendent of Public Works.
g.
All roadway excavations be "sawcut."
h.
Roadway openings shall be restored using infrared pavement restoration.
[Ord. No. 2016-43]
a.
Insurance. The applicant shall present evidence satisfactory to the
Risk Manager of insurance sufficient to indemnify and save harmless
the City, its agents and servants against and from all suits and costs
of every kind and from all personal injury or property damage resulting
from negligence or from any phase of operations performed under the
permit.
b.
The minimum policy limit of such insurance shall be as follows:
1.
Bodily injury liability coverage with limits of not less than one
million ($1,000,000.00) dollars for bodily injury, including accidental
death, to any one person, and subject to that limit for each person,
in an amount not less than one million ($1,000,000.00) dollars for
each accident; and property damage coverage in the amount of not less
than five hundred thousand ($500,000.00) dollars for each accident;
2.
One person in any one accident — amount of one million ($1,000,000.00)
dollars;
3.
Two or more persons in any one accident — amount of three hundred
thousand ($300,000.00) dollars; and
4.
Property damage in any one accident — amount of five hundred
thousand ($500,000.00) dollars with aggregate property damage limit
of one million ($1,000,000.00) dollars.
c.
Where there is an extensive opening, the Superintendent of the Department
of Public Works or the City Engineer may request additional insurance
if it is deemed necessary under the circumstances.
d.
Security.
1.
A permit shall not be issued unless the applicant has deposited as security for faithful performance a certified check made payable to the City of Asbury Park or filed a bond with a surety satisfactory to the City Attorney, the amount thereof to be based upon the security deposit fee schedule as contained in subsection 16-1.14 for the work to be performed.
2.
A public utility applicant may, in lieu of the security required above, deposit an annual corporate bond in the amount of at least twenty thousand ($20,000.00) dollars. The surety bond shall be renewed annually. In the event that a public utility applicant applies for a permit for road opening and/or road openings and the required security deposit fee set forth in subsection 16-1.14 exceeds the twenty thousand ($20,000.00) dollars the public utility applicant shall file a surety bond in an amount equal to the difference between the twenty thousand ($20,000.00) dollars and the required security deposit. For all nonpublic utility applicants, the surety bond shall be at least one thousand ($1,000.00) dollars. A certified check for a lesser amount may be deposited, however, in the amount provided by subsection 16-1.14 for the work to be performed.
3.
Upon satisfactory completion of all work permitted or required under
the permit for extensive openings, if the security deposit is two
thousand ($2,000.00) dollars or less, the City of Asbury Park will
retain one hundred (100%) percent of the security deposit as security
for maintenance of the work for a period not to exceed one (1) year
from the date of completion, provided that if the security deposit
is in the form of a certified check, the permittee may deposit a surety
bond of two thousand ($2,000.00) dollars satisfactory to the City
Attorney in lieu of the certified check. If the security deposit is
greater than two thousand ($2,000.00) dollars, then the City will
release or refund sixty (60%) percent or more of the same with the
approval of the Superintendent of the Department of Public Works or
City Engineer, and the surety bond will be deposited for the maintenance
as set forth above. All bonds and certificates of insurance shall
contain a provision that the same shall remain in full force and effect
for a period not to exceed one (1) year after the last work under
any permit has been completed and accepted by the City.
4.
In the case of a small opening, the City shall retain the security
deposit for six (6) months after satisfactory completion of all work
permitted or required under the permit, provided that if the security
deposit is in the form of a certified check, the permittee may deposit
a security bond in lieu of the check.
e.
Application Fee and Escrow Deposit.
1.
The applicant shall also pay, by separate money order, certified check or, if the applicant is a public utility as herein defined, by a corporate check, a nonrefundable application fee as set forth in subsection 16-1.14. Applications other than a public utility shall pay, by separate money order or certified check, a refundable escrow deposit fee for inspection and professional services as set forth in subsection 16-1.14. Should the escrow deposit fee account at any time become insufficient to cover the actual or anticipated inspection and professional expenses, the fund shall be subject to increase on demand of the Department of Public Works or the Chief Financial Officer.
2.
The City shall pay from the escrow deposit fee any costs incurred
by its designated representatives or professional consultants for
inspection or other engineering services or legal fees required in
connection with the proposed opening or excavation at the rate established.
[Ord. No. 2016-43]
Fees shall be as follows:
a.
Application fee, Nonrefundable (Other Than Public Utilities).
1.
2.
Boring, tunneling or driving under road: lump sum minimum of seventy-five
($75.00) dollars.
3.
Curb, gutter, apron, sidewalk or driveway: lump sum of fifteen ($15.00)
dollars when affected by excavation.
4.
Application fees shall be accumulated in one (1) account for each
public utility, and the funds can be utilized for the payment of expenses
incurred by the City for any work performed for the permittee without
restriction as to which application the funds were originally posted
for.
5.
In lieu of individual application fees, public utilities may pay
fees of two hundred fifty ($250.00) dollars.
b.
Application Fee, (Utilities).
1.
Road Opening: Public Utilities shall pay an annual flat fee of two
thousand five hundred ($2,500.00) dollars per year, on or before January
15th of each year.
c.
d.
Escrow Deposit Fee for Engineering and Legal Costs.
1.
All road openings, excavations, borings and other work as stated
on the permit application:
The minimum escrow amount shall be $2,500.00.
2.
Actual payment from the escrow deposit fee fund shall be based upon
the following rates:
(a)
Professional engineering services: to be billed at the current
hourly rate of the City Engineer.
(b)
Attorney: minimum fee of ninety-five ($95.00) dollars per hour.
(c)
An inspection fee of $225.00 covering a minimum of 3 inspections,
($75.00 per hour will be charged for any additional inspections).
[Ord. No. 2016-43]
Upon the completion of any such work, the Superintendent of
the Department of Public Works or City Engineer shall file a report
on a form to be furnished for that purpose, which report shall contain
the date of completion, the amount of deposit, the cost to the City
for resurfacing the area so excavated or opened, if the same shall
have been necessary, and the balance, if any, due to the applicant.
Upon receipt of the report by the balance due, if any, to the applicant
on account of any deposit shall be forthwith returned.
[Ord. No. 2016-43]
Any person, who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5. In case of failure to restore pavements or roads or streets as hereinabove provided, after written notice by the City Clerk to do so, each day that such pavements, roads or streets remain unrestored shall constitute a separate offense.
[Ord. No. 2721 § 16-2.1;
New]
Curbing and sidewalks shall be constructed, improved and repaired
on both sides of every street in the City, and all such curbing and
sidewalks laid shall conform to the provisions of this chapter, and
to those of Chapter XXX, Land Development Regulations or shall conform
to construction details as specified by the City Engineer.
a.
It shall be the duty and responsibility of every property owner in
the City to maintain the curbing and sidewalk adjacent to their property
at all times. Any deteriorated, uprooted, cracked or dilapidated sidewalks,
walkways or curbs shall be repaired by the owner.
b.
All sidewalks, walkways, driveways, curbs and similarly paved public
areas shall be kept in a proper state of repair and maintained free
of hazardous conditions. This shall be an ongoing duty of the property
owner, whether or not an official notice to repair has been issued
by the City.
[Ord. No. 2721 § 16-2.2]
Except where otherwise provided, sidewalks shall not be less
than four (4) feet wide, and shall be constructed of the material
and in the manner prescribed by the Superintendent of Public Works
or the City Engineer. Reconstructed sidewalks must match the greater
width of any of the adjacent sidewalks if such width exceeds four
(4) feet.
[Ord. No. 2721 § 16-2.3]
All corners at street intersections shall be laid on a curve
with a radius of not less than six (6) feet, but the radius at any
specific corner shall be determined by the municipal officer or the
City Engineer. Concrete curbing shall be in accordance with specifications
provided by the City Engineer, including those for the location and
construction of depressed curbs required for compliance with the Americans
with Disabilities Act (ADA).
[Ord. No. 2721 § 16-2.4]
The City Engineer or the Superintendent of Public Works may
condemn any curbing or sidewalk which is unfit or is not of the required
width or material, or not laid to proper grade and require it to be
laid in accordance with this section.
[Ord. No. 2721 § 16-2.5]
The grades established for sidewalks shall be the established
grade of one-quarter (1/4) inch per foot from the outer edge of the
curb. For sidewalks of width of ten (10) feet to three (3) feet, the
outer or street edge of the work shall be laid three (3) feet from
the curbline. For sidewalks of a width of thirteen (13) feet, the
walk shall be laid five (5) feet six (6) inches from the curbline.
For sidewalks of a width of eighteen (18) feet to twenty-five (25)
feet, the walk shall be laid eight (8) feet from the curbline. All
walks when laid shall be trimmed to a straight line on both sides
or edges.
[Ord. No. 2721 § 16-2.6]
The curb on all driveways or entrances to properties shall be
lowered four (4) inches. In no case shall depressed curb be less than
one (1) inch nor more than one and one-half (1 1/2) inches above
the adjacent gutter/roadway.
[Ord. No. 2721 § 16-2.7]
The curblines of all sidewalks and curbs shall be those established
on the Official Map of the streets and sidewalks of the City on file
in the City Clerk's Office and all walks and curbs shall be laid
in conformity to the established grade lines.
[Ord. No. 2721 § 16-2.8]
No walk or curb shall be laid until the owner or person laying
the same first procures from the City Engineer grades and lines for
walk or curb. The owner will be accountable for procuring the services
of an engineer under the direction of the City Engineer and the walk
and curb, when completed, shall be laid to the actual grade lines
as established.
[Ord. No. 2721 § 16-2.9]
The City Engineer or the official authorized by the City Manager
shall serve upon the owner of any lot or land in front of which any
sidewalk is to be constructed, reconstructed, curbed, re-curbed, improved
or repaired, a notice in writing, which notice shall contain a description
of the property affected sufficiently definite in terms to identify
the same, as well as a description of the required improvements. The
notice shall state that unless improvements are completed within thirty
(30) days after the service thereof, it is the intention of the City
to make such improvements or to have them performed pursuant to law.
The notice shall be served pursuant to law. Failure to make repairs
or complete improvements within the time specified by the Municipal
officer shall constitute a violation of this section and shall be
punishable by a penalty not to exceed a fine of one thousand ($1,000)
dollars and/or up to ninety (90) days in jail, with each day that
the violation remains unabated to be considered a separate violation.
[Ord. No. 2721 § 16-2.10]
If any owner of any lot or land affected fails to construct, reconstruct, improve or repair any sidewalk or curbing as directed in the notice provided for in subsection 16-2.9 within thirty (30) days after the service of such notice, the Mayor and Council may cause the improvements to be made under the supervision of the Superintendent of Public Works or the City Engineer, or award one (1) or more contracts for the making of such improvements.
[Ord. No. 2721 § 16-2.11]
Upon the completion of the improvements, an account of the cost
thereof shall kept and proportioned among the several properties improved
in proportion to the frontage of their respective lands, and a statement
of such costs, under oath or affirmation, shall be filed by the Superintendent
of the Public Works with the City Clerk. The Mayor and Council, after
notice, shall examine the account, and if the account is properly
made shall confirm the same and file the report with the Tax Collector.
The Tax Collector shall record the sidewalk or curbing assessment
in the same book as other assessments, and shall proceed to collect
such assessments in the same manner as other assessments are collected.
The owner shall have five (5) years within which to pay the same,
one-fifth (1/5) to be paid each year with interest thereon to accrue
from the date of making of such assessment.
[Ord. No. 2721 § 16-2.12]
As used in this section:
shall mean that part of the street right-of-way between the
back of the curb or driveway apron and the closest streetline or right-of-way
line. The sidewalk may be entirely paved with concrete or consist
of street trees and/or grass between the paved walkway and the curb.
The area of the sidewalk between the paved walkway and the streetline
or right-of-way line along adjoining properties shall be landscaped
with grass except where penetrated by a driveway.
shall mean the improved portion of the sidewalk designed
for use of pedestrians.
[Ord. No. 2721 § 16-2.13]
It shall be unlawful to cause vehicles of any kind to be parked
on any part of a public sidewalk, as defined herein, or to park a
vehicle in a driveway in such a manner that blocks the path of pedestrians
using the paved walkway portion of the sidewalk. Vehicles shall be
parked only in permitted areas on street or in designated parking
areas on private/public parking lots. Violations of this section are
enforceable by both the Asbury Park Police Department and any other
municipal officer or inspector authorized by the City Manager.
[Ord. No. 2721 § 16-2.14]
Partial closure of sidewalk within City right-of-way, must be reviewed and approved by the City Engineer. The minimum clear pedestrian path for partial closures shall be four (4) feet wide and eighty (80) inches tall. All pedestrian notification signage for these closures must conform to the latest edition of the Manual on Uniform Traffic Control Devices. Full closure of City sidewalk requires approval by the City Manager per the City Engineer's recommendation. The City Council must be notified of all sidewalk closures in excess of sixty (60) calendar days for review and comment. A Certificate of Insurance must be filed pursuant to subsection 16-1.4 for all sidewalk closures.
The permit fee for sidewalk closures shall be one hundred ($100.00)
dollars. An additional fee of one hundred ($100.00) dollars for each
thirty (30) day period beyond the first month of date of permit issuance,
is required for full sidewalk closures. No additional fee will be
required for partial sidewalk closures. This additional fee will not
be prorated for a portion of the thirty (30) day period. In addition,
the applicant must post a one thousand ($1,000.00) dollar cash deposit
guaranteeing prompt removal of sidewalk closure material and/or equipment
prior to the permit expiration date. If the permittee has not removed
the enclosure and equipment by the permit expiration date, the City
will assess an additional fee of twenty-five ($25.00) dollars per
day to be deducted from one thousand ($1,000.00) dollar cash deposit.
[Ord. No. 2721 § 16-2.15]
All curb and sidewalk permits expire the sooner of sixty (60) days after the permit issuance date. All permanent repairs must occur prior to permit expiration date. Failure to begin work prior to permit expiration will require application for a new permit pursuant to subsection 16-1.3, and payment of new permit fees. Failure to complete work before the stipulated permit expiration date will require application for a permit extension. Only one (1) thirty (30) day permit extension will be granted by the City. Any work which extends beyond the extension date shall require application for a new permit, and the payment of permit fees as stipulated elsewhere in this section.
[2000 Code § 16-3.1]
As used in this section:
shall mean any person responsible for placing and maintaining
a pay telephone.
shall mean the City of Asbury Park.
shall mean the City Manager. The implementation of processing
of all functions and activities under this section shall be performed
by the municipal official.
shall mean any self-service or coin or credit card operated
telephone or bank of such telephones placed adjacent to such other,
located in or over a public sidewalk or street.
shall mean any individual, business, firm, corporation, association,
partnership or other organization or group of persons.
shall mean that area dedicated to public use for pedestrian
traffic.
shall mean all that area dedicated to public use for public
street purposes and shall include but not limited to roadways, parkways,
alleys and sidewalks.
[2000 Code § 16-3.2]
a.
No person, association, partnership or corporation may place or maintain any pay telephone on or above any public street or sidewalk without having first obtained a permit as provided in this section. Permits shall be issued by the municipal official subject to approval of the location and placement of the pay telephone as set forth in subsection 16-3.5 hereinafter. Permits or denial thereof shall be issued within fifteen (15) working days of application for such permits. Permit denials shall be in writing, setting forth the specific reasons for denial. Distributors shall have thirty (30) days within which to cure deficiencies or defects in their applications without the necessity for re-application. Denial subsequent to an attempt to cure shall entitle the distributor to the hearing procedures set forth in subsection 16-3.7 hereinafter.
b.
Before installation, a plan or sketch of the pay telephone shall
be prepared by the applicant and furnished to the municipal official
in sufficient detail to describe the location and placement of the
pay telephone.
c.
For applicants who are members of an organization which has in effect
an approved self-policing enforcement compliance program, the fee
for a permit shall be one hundred ($100.00) dollars for the first
year and fifty ($50.00) dollars for each year thereafter.
1.
For all other applicants, the fee for a permit shall be two hundred
($200.00) dollars for the first year and one hundred ($100.00) dollars
for each year thereafter.
d.
Before receiving a permit, an applicant shall:
1.
Execute an indemnification agreement substantially as follows:
The applicant and any other person on whose behalf the application
is made agrees to defend, indemnify and hold harmless the municipality
against liability for all claims for damage to property, or injury
to or death of persons arising out of or resulting from the issuance
of the permit or the control, maintenance or ownership or use of each
pay telephone.
2.
File with the agency evidence of a general liability insurance policy
of one million ($1,000,000.00) dollars for bodily injury and fifty
thousand ($50,000.00) dollars for property damage naming the City
of Asbury Park as additional insured against any injury, loss or damage
that may result from placing or maintaining the pay telephone on or
above the sidewalk.
[2000 Code § 16-3.3]
[2000 Code § 16-3.4]
a.
Pay telephones shall comply with the following standards:
1.
No booth surrounding a telephone shall exceed eight (8) feet in height,
four (4) feet in width or four (4) feet in depth.
2.
Each coin operated pay telephone shall be equipped with a coin return
mechanism to permit a person using the machine to secure an immediate
refund when applicable.
3.
Each pay telephone shall have affixed to it, in a place visible to
everyone using the pay telephone, the name and address of the distributor
and the telephone number of a working telephone service to report
a malfunction or secure a refund.
4.
Pay telephones shall be maintained in a neat and clean condition.
Without limiting the generality of the foregoing, a pay telephone
shall be served and maintained so that:
(a)
It is reasonably free of chipped, faded, peeling and cracked
paint in the visible painted areas thereof;
(b)
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon;
(c)
Any clear plastic or glass parts are unbroken and reasonably
free of cracks, dents, graffiti, blemishes and discoloration;
(d)
Any paper or cardboard parts or inserts are reasonably free
of tears, peeling or fading;
(e)
The structural parts thereof are not broken or unduly misshapen;
(f)
The telephone receiver is attached to the telephone.
b.
The pay telephone shall be maintained in working condition. Any distributor
who fails to maintain its pay telephone in working condition may be
given a ten (10) day written notice to repair the pay telephone by
the municipal official. If the pay telephone is not in working condition
at the end of the ten (10) day period, the municipal official may
revoke the permit unless the distributor provides written assurance
that the pay telephone shall be repaired or removed within the next
five (5) days.
c.
Each pay telephone shall, within ten (10) days of written request
of the municipal official, be capable of being restricted to outgoing
calls. If such telephone is not restricted to outgoing calls per this
section, such permit shall be revoked.
[2000 Code § 16-3.5]
a.
No pay telephone shall be permitted to rest upon, in or over any
street or sidewalk when such installation, use or maintenance:
1.
Unreasonably interferes with or impedes the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicles;
or
2.
Unreasonably interferes with the ingress or egress from any residence
or place of business; or
3.
Interferes with the use of traffic signs or signals, hydrants or
mailboxes permitted at or near the location;
All as set forth in paragraph c hereinafter.
b.
Pay telephones shall be placed, or otherwise secured, so as to prevent
their being blown down or around the street or sidewalk, but shall
not be chained or otherwise secured, to any traffic or street signs,
signals, hydrants or mailboxes.
c.
No pay telephones shall be placed, installed, used or maintained:
1.
Within any marked crosswalk;
2.
Within three (3) feet of a curb return of any unmarked crosswalks;
3.
Within fifteen (15) feet of any fire hydrant, fire call box, police
call box or other emergency facility;
4.
Within five (5) feet of any driveway;
5.
Within three (3) feet of any public area improved with a lawn, flowers,
shrubs, trees or other landscaping;
6.
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than six (6) feet;
7.
Within three (3) feet of any building unless written permission therefor
is secured and filed with the application.
d.
Pay telephones shall not be placed in sidewalks in front of street
addresses where there appears to be continuous criminal activity involving
the use of the pay telephone. "Continuous criminal activity," as used
in this section, means reports to the police of more than four (4)
criminal incidents in a month prior to the date of the application
or more than twelve (12) reported criminal incidents in a year prior
to the date of the application.
[2000 Code § 16-3.6]
No distributor shall remove a pay telephone without having first
notified the Municipal official.
[2000 Code § 16-3.7]
a.
Upon the receipt of a written complaint by a citizen or an authorized
representative of the Police Department that the location and use
of a pay telephone constitute a threat to the health and welfare of
the community, as defined below, the municipal official shall provide
to the distributor of the pay telephone written notice of same, including
a detailed explanation of the complaint.
b.
The distributor shall have thirty (30) days from the receipt of the
notice to cure the deficiencies noted therein.
c.
If cure is not accomplished, the municipal official shall conduct
a hearing on fifteen (15) days written notice to all affected parties
to ascertain whether the location and use of the pay telephone constitute
a threat to the health and welfare of the community.
d.
A "threat to the health and welfare of the community," as used in this section, shall mean the existence of continuous criminal activity as set forth in subsection 16-3.5d above.
e.
Affected parties shall have the opportunity for discovery and examination
of witnesses prior to hearing, and shall have the opportunity to present
evidence and examine witnesses at the hearing.
f.
If the municipal official finds evidence presented that the location
and use of the pay telephone constitute a threat to the health and
welfare of the community, the municipal official may by written notice
to the distributor, revoke any permit issued for the use of such pay
telephone, or may order such lesser relief as he/she deems fair, including
requiring the pay telephone to be restricted to outgoing calls only.
g.
In the event that a permit is revoked or other lesser action is directed
pursuant to paragraph f. of this section the distributor shall have
the right to appeal to City Council within thirty (30) days of the
issuance of the revocation or directive by filing a written notice
thereof with the City Clerk with a copy to the municipal official.
[2000 Code § 16-3.8]
a.
All legally existing pay telephones located on or above sidewalks
within the municipality shall be deemed "grandfathered." "Grandfathered"
pay telephones shall mean those telephones installed prior to the
1963 Ordinance No. 788 or any telephones subsequently installed pursuant
to the above noted ordinance.
b.
Any distributor desiring that its pay telephones be "grandfathered"
must notify in writing the municipal official within thirty (30) days
of the locations of all of the distributor's pay telephones existing
on the date of adoption of this ordinance. All pay telephones not
so identified shall not be entitled to "grandfathered" status. The
provisions of this ordinance shall, however, apply to all pay telephones
located on or above sidewalks within the municipality which are installed
after the effective date of this ordinance.
[2000 Code § 16-3.9]
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5.
[2000 Code § 16-3.10]
Pay telephones for which permits have been revoked and municipal
appeals exhausted shall be removed by the distributor within ten (10)
days of the receipt of written final determination. In the event that
the distributor does not remove a pay telephone for which a permit
has been revoked or denied, the municipality may do so. Pay telephones
removed by the municipality shall be handled so as to protect and
preserve the physical integrity of the equipment and shall be stored
in a secured facility until retrieved by the distributor. There shall
be a minimum fee of twenty-five ($25.00) dollars plus all costs borne
by the City to remove any pay telephone and to repair and restore
the site. If any removed pay telephone or equipment is not removed
from City storage by the owner within thirty (30) days it shall become
the sole property of the City.
[Ord. No. 3006 § 16-4.1; Ord. No. 3045]
As used in this section:
shall mean a temporary free standing sign located on the
sidewalk, sidewalk area, or boardwalk in front of a storefront.
[Ord. No. 3006 § 16-4.2; Ord. No. 3045]
a.
Sidewalk signs shall be exempt from obtaining a zoning permit. However,
no sidewalk sign shall be erected without a permit issued by City
Clerk or a duly authorized representative of the Clerk in consultation
with the Fire Department, Police Department, City Engineer and such
other officials, or their designees, as may be desirable. Permits
are valid for one (1) year beginning January 1, and ending December
31.
b.
There shall be an annual permit fee in the amount of twenty-five
($25.00) dollars for permission to erect sidewalk sign(s), which fee
shall commence as of January 1, 2014.
c.
Before receiving a permit, an applicant shall:
1.
Submit a general liability insurance certificate covering bodily
injury and property damage with a minimum of one million ($1,000,000.00)
dollars per person and one million ($1,000,000.00) dollars per accident
or occurrence. The City of Asbury Park shall be named coinsured.
2.
Execute a Hold Harmless Agreement, in a form provided by the City
Clerk or a duly authorized representative of the Clerk and which is
approved by the City Attorney, between the applicant and the City
of Asbury Park.
[Ord. No. 3006 § 16-4.3; Ord. No. 3045]
a.
Each business located within a commercial or mixed-use zoning district
or redevelopment area and having its own separate entrance onto either
the public sidewalk at street level or public boardwalk may place
upon the public sidewalk or boardwalk in front of the said place of
business and solely during the hours the said business is in operation,
one (1) sidewalk sign along each street frontage and/or boardwalk
frontage. These requirements shall not, however, apply to directional
signs posted temporarily (not to exceed twenty-four (24) hours) at
or immediately adjacent to the venue of a specific special event.
b.
The sign shall have a maximum width of thirty (30) inches, maximum
height of forty-eight (48) inches and maximum depth of twenty-four
(24) inches.
c.
The sign shall be located no closer than ten (10) feet to any side
yard property boundary, provided, however, that in the case of a property
having a frontage of less than twenty (20) feet, the sign shall be
located as near to the center of the frontage as practicable. The
sign shall be further located within four (4) feet of either the curb
face or the front of the building, provided further, however, that
a sixty (60) inch wide unobstructed path shall be maintained at all
times on the sidewalk. Signs on the boardwalk shall be located within
twenty-five (25) feet of the front of the storefront.
d.
No sign shall be erected and maintained in a manner that prevents
free ingress or egress from any door, window, or fire escape, or which
prevents free ingress or egress from any lawfully parked vehicle.
e.
Attaching the sign to the sidewalk, structures, poles, objects, etc.
by bolts, chains, cords, rope, wire, cable, etc. is prohibited.
f.
The sign shall be removed from public sidewalks or the boardwalk
if there is any snow accumulation (the sign may not be displayed until
the snow is removed).
g.
The sign shall be constructed of weather resistant materials (no
paper, fiberboard, foam core board, corrugated paper or unfinished
wood materials shall be permitted), and shall be constructed and/or
weighted so as to be impervious to the effects of strong winds. The
sign shall be maintained at all times in good repair and shall not
be permitted to weather, fade, peel, crack or otherwise deteriorate.
The sign shall not be illuminated, nor shall it contain moving parts
or have balloons, streamers, pennants, or similar adornment attached
to them.
[Ord. No. 3006 § 16-4.4; Ord. No. 3045]
a.
Notwithstanding anything contained in this section to the contrary,
the Fire Department and/or Police Department shall have the right
to prohibit or further restrict the location of any sidewalk sign
which, in their sole discretion, they deem by virtue of the sign's
construction or location, to constitute a safety hazard to the public.
b.
Sidewalk signs may be moved/removed by the City for municipal purposes
such as snow removal, traffic issues, and maintenance of the public
right-of-way.
[Ord. No. 3006 § 16-4.5; Ord. No. 3045]
a.
Any violation of the provisions of this section shall be subject, upon conviction, to the penalty stated in Chapter I, Section 1-5. Each day that a violation persists shall be considered a separate violation of this section.
b.
Sidewalk signs placed in violation of this section will result in
the immediate removal of the sign and the business' sidewalk
sign permit privileges will be denied for the remainder of that year.
