[Ord. No. 5-1968; 1969
Code § 81-1]
Whenever any words and phrases are used in this chapter, the
meaning respectively ascribed to them in Subtitle 1 of Title 39 of
the New Jersey Statutes shall be deemed to apply to such words and
phrases as used herein.
[New]
Whenever certain hours are named in this chapter, they shall
mean either Eastern Standard Time or Eastern Daylight Savings Time
as may be in current use.
[New]
a.
The
Mayor, or, in the event of his absence, disability or inability to
act, then the Deputy Mayor is hereby authorized to provide by regulation
for the closing of any street or portion thereof to motor vehicle
traffic on any day or days during specified hours whenever he finds
that such closing is necessary for the preservation of the public
safety, health or welfare.
b.
Any
regulations promulgated by the Mayor and in accordance with paragraph
a above, shall provide for the posting of proper warning signs of
such closing on any street or portion thereof during the time the
same is closed in pursuance thereof.
c.
Any
violation of this regulation promulgated hereunder shall be punished
by a fine not to exceed fifty ($50.00) dollars.
d.
Any
regulation adopted that mandates the closing of any street for a period
greater than forty-eight (48) consecutive hours shall not become effective
unless and until it has been submitted to and approved by the Commissioner
of the Department of Transportation.
[New]
Any vehicle parked in violation of this chapter shall be deemed
a nuisance and a menace to the safe and proper regulation of traffic,
and any designated Township Official may provide for the removal of
such vehicle. The owner shall bear the reasonable cost of removal
and storage which may result from such removal before regaining possession
of the vehicle.
[New]
Unless another penalty is expressly provided by New Jersey Statute,
every person convicted of a violation of a provision of this chapter
or any supplement thereto shall be liable to a penalty of not more
than fifty ($50.00) dollars or imprisonment for a term not exceeding
fifteen (15) days or both.
[New]
If any part or parts of this chapter are, for any reason, held
to be invalid, such decision shall not affect the validity of the
remaining portions of this chapter.
[New]
All former traffic ordinances of the Township of Maurice River
that are contained in this chapter are hereby repealed, and all ordinances
or parts of ordinances in conflict with or inconsistent with the provisions
of this chapter are hereby repealed, except that this repeal shall
not affect or prevent the prosecution or punishment of any person
for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this chapter.
[New]
The provisions of this chapter imposing a time limit on parking
shall not relieve any person of the duty to observe other, more restrictive
provisions prohibiting or limiting the stopping or standing or parking
of vehicles as set forth in N.J.S.A. 39:4-138, any other New Jersey
Statute or as hereinafter provided.
[New]
a.
Upon the declaration of an emergency, there shall be no parking upon
streets or sections of streets where temporary EMERGENCY NO PARKING
signs are displayed. The Mayor or, in his absence, the Deputy Mayor
is authorized to declare an emergency and to direct the posting of
EMERGENCY NO PARKING signs when weather conditions, accidents, road
construction, fire or public celebrations dictate or require avoidance
of hazards or other conditions which interfere with the free flow
of traffic. Notification that EMERGENCY NO PARKING signs are being
or will be posted shall be given to the operator or owner of any vehicle
which has been parked prior to the posting of the signs.
b.
The effectiveness of this subsection is contingent upon the signs
being erected as required by law.
c.
Any unoccupied vehicle parked or standing in violation of this subsection
shall be deemed a nuisance and a menace to the safe and proper regulation
of traffic and any designated Township Official may provide for the
removal of such vehicle. The owner shall pay the reasonable costs
of the removal and storage which may result from such removal, before
regaining possession of the vehicle.
[New; Ord. No. 661-2017]
a.
Whenever snow has fallen and the accumulation is such that it covers
the street or highway, an emergency shall exist and no vehicles shall
be parked on the following streets or highways or portions thereof
listed below.
The parking prohibitions listed below shall remain in effect
after the snow has ceased, until the streets have been plowed significantly,
and to the extent that parking will not interfere with the normal
flow of traffic.
b.
Any unoccupied vehicle parked or standing in violation of this section
shall be deemed a nuisance and a menace to the safe and proper regulation
of traffic and any designated Township Official may provide for the
removal of such vehicle. The owner shall pay the reasonable cost of
the removal and storage which may result from such removal before
regaining possession of the vehicle.
c.
The effectiveness of this subsection is contingent upon signs being
erected as required by law.
d.
Unless another penalty is expressly provided by New Jersey Statute,
every person convicted of a violation of this subsection or any supplement
thereto, shall be liable to a penalty of not more than fifty ($50.00)
dollars or imprisonment for a term not exceeding fifteen (15) days
or both.
|
Name of Street
|
Sides
|
Location
|
|---|---|---|
|
Quaker Street
(in Port Elizabeth)
[Ord. No. 661-2017] |
Both
|
Entire roadway length
|
|
Front Street
(in Dorchester)
[Ord. No. 661-2017] |
Both
|
Entire roadway length
|
[New]
The Governing Body hereby finds and declares that problems of
traffic control occur and traffic must be moved through or around
street construction, maintenance operations, and utility work, above
and below ground which requires blocking the roadway and obstructing
the normal flow of traffic; and that such obstructions are or can
become dangerous when not properly controlled. In order to better
promote the public health, safety, peace and welfare, it is necessary
to establish controls and regulations directed to the safety and expeditious
movement of traffic through construction and maintenance zones and
to provide safety for the work force performing these operations.
The Township of Maurice River, in the County of Cumberland,
State of New Jersey, does hereby adopt the current Manual on Uniform
Traffic Control Devices hereafter known as M.U.T.C.D., except as hereby
supplemented and amended, as it controls and regulates whenever construction
maintenance operations of utility work obstructs the normal flow of
traffic. Any person, contractor, or utility, who fails to comply with
the provisions of M.U.T.C.D. while performing such work is in violation
of this section.
[New]
It shall be the responsibility of the person, contractor, or
in the case of a public utility agreement, wishing to conduct work
on, under or above the roadway to contact the Township Committee in
order to arrange a pre-construction meeting in order to submit plans
for the safe movement of traffic during such period of construction
of work. Any person, contractor or utility who fails to comply with
this section prior to the start of such work or whose plans are not
approved by the Township Committee is in violation of this section.
[New]
The person, contractor, or utility shall provide the Township
Official with at least two (2) emergency contact phone numbers to
be called in case of emergency problems at the construction or maintenance
site prior to the start of any work. If for any reason emergency contact
cannot be reached, or if the emergency contact person does not respond
to the call from the Township to correct a hazardous condition, the
Township may respond to correct such hazardous condition. The reasonable
fees for such emergency service by the Township shall be charged to
the person, contractor, or utility for such condition.
[New]
There shall be no construction, maintenance operations, or utility
work on any roadway in the Township before the hour of 9:00 a.m. or
after 4:00 p.m. This time limit may be adjusted to permit work prior
to 9:00 a.m. or after 4:00 p.m. by the officer in charge of the Township
Committee. If it is determined by the officer in charge that the construction
or maintenance operations prior to 9:00 a.m. or after 4:00 p.m. would
substantially delay traffic or cause a safety or health hazard, the
work shall then be permitted only between 9:00 a.m. and 4:00 p.m.
[New]
Road closing and/or traffic detours shall not be permitted unless
approved by the Township Committee.
[New]
Traffic directors shall be posted at all construction or maintenance
sites when determined by the Township Committee that same is necessary
to provide for the safety and expeditious movement of traffic.
[New]
The Township Committee shall have the authority to stop work,
including the removal of equipment and vehicles, stored material within
the street right-of-way, back filling of open excavations and/or other
related work, in order to abate any nuisance and/or safety hazard
or for any violation of this section.
[New]
It is to be expressly understood that no materials, vehicle
or equipment are to be placed in the roadway or sidewalk or until
all construction, signs, light devices and pavement markings are installed.
[New]
Any person, contractor or utility who commits a violation of
this section shall, upon conviction thereof for a first offense pay
a fine of not less than one hundred ($100.00) dollars nor more than
five hundred ($500.00) dollars and/or be imprisoned in the County
jail for a term not exceeding ninety (90) days. For a second offense,
upon conviction thereof, pay a fine of not less than two hundred fifty
($250.00) dollars and/or be imprisoned in the County jail for a term
not exceeding ninety (90) days.
A separate offense shall be deemed committed on each day during
or on which a violation occurs or continues.
[New]
All ordinance or parts of ordinances which are inconsistent
with the provisions of this section are hereby repealed to the extent
of any such inconsistency.
[New]
This section shall take effect after approval by the Commissioner
of Transportation twenty (20) days after passage and publication as
prescribed by law.
[Ord. No. 246 § 1]
No person shall stop or stand a vehicle between the hours specified
on any day (except Sundays and public holidays) upon any of the streets
or parts of streets described, except where other parking regulations
have been provided for.
|
Name of Street
|
Sides
|
Hours
|
Location
|
|---|---|---|---|
|
(Reserved)
| |||
[New]
No person shall park a vehicle for longer than the time limit
between the hours listed on any day (except Sundays and public holidays)
upon any of the streets or parts of streets described, except where
other parking regulations have been provided for.
|
Name of Street
|
Sides
|
Time Limit
|
Hours
|
Location
|
|---|---|---|---|---|
|
(Reserved)
| ||||
[New; Ord. No. 2014-634]
No person shall park a vehicle at any time upon any streets
or parts thereof described, except where other parking regulations
have been provided for.
|
Name of Street
|
Sides
|
Location
|
|---|---|---|
|
Front Street
[Added 8-15-2019 by Ord.
No. 687] |
East
|
From the intersection of Carlisle Place Road and Front Street
on the east side for a distance of 50 feet south along Front Street
|
|
Front Street
[Added 8-15-2019 by Ord.
No. 687] |
West
|
From the intersection of Front Street and Carlisle Place Road
on the west side for a distance of 372 feet south along Front Street
|
|
Schooner Landing Road
[Ord. No. 2014-634] |
Both
|
From the eastern terminus of Schooner Landing Road west to a
point 200 feet west of the New Jersey Route 55 on-ramp
|
[New]
No person shall park a vehicle between the hours specified any
day upon any of the streets or parts of streets described, except
where other parking regulations have been provided for.
|
Name of Street
|
Sides
|
Hours
|
Location
|
|---|---|---|---|
|
(Reserved)
| |||
[New]
No person shall park a truck, tractor, trailer, semi-trailer
of omnibus having registered gross weights in excess of four (4) tons
upon any street between the hours specified.
|
Name of Street
|
Sides
|
Hours
|
Location
|
|---|---|---|---|
|
(Reserved)
| |||
[New]
Pursuant to N.J.S.A. 40:67-16.1, the streets or parts of streets
as described are hereby designated as route for vehicles OVER four
(4) tons. All trucks having a total combined registered gross weight
of vehicle plus load in excess of four (4) tons shall be excluded
from all streets, except for those streets listed which form a part
of the system of truck routes. Vehicles will be permitted on all streets
for the purpose of the pick up and delivery of materials.
|
Name of Street
|
Location
|
|---|---|
|
(Reserved)
| |
[Ord. No. 348 § 1]
Vehicles over the registered gross weight are hereby excluded
from the streets or parts of streets described except for the pick
up and delivery of materials on such streets or the use of emergency
vehicles on such streets.
|
Name of Street
|
Weight
|
Location
|
|---|---|---|
|
Estell Manor Road
|
10 tons
|
From the intersection of Estell Manor Road with State Highway
No. 49, North East to the border of Cumberland County and Atlantic
County.
|
[New; Ord. No. 670-2018]
The following described streets or parts of streets are hereby
designated as One-Way Streets in the direction indicated. Parking
on these streets will be permitted on the sides indicated below.
|
Name of Street
|
Direction
|
Limits
|
Side(s) Permitted
|
|---|---|---|---|
|
Carlisle Place Road
[Ord. No. 670-2018] |
Beginning at the west side of Main Street west to Front Street
|
None
|
None
|
|
Front Street
[Ord. No. 670-2018] |
Beginning at the intersection with Carlisle Place Road south
to the intersection with Church Street
|
None
|
None
|
|
Meadow Street
[Ord. No. 670-2018] |
Beginning on the west side of Main Street west to the intersection
with Front Street
|
None
|
None
|
[New]
Pursuant to the provisions of N.J.S.A. 39:4-140, the streets
or parts of streets described are hereby designated as Through Streets.
Stop signs shall be installed on the near right side of each street
intersecting the Through Street except where Yield signs are provided
for in the designation.
(Reserved)
[New]
Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections
described are hereby designated as Stop Intersections. Stop signs
shall be installed as provided therein.
(Reserved)
[New]
The following intersections are hereby designated as Four-Way
Stops.
|
Intersection
|
Stop Sign On
|
|---|---|
|
(Reserved)
| |
[New]
Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections
described are hereby designated as Yield Intersections. Yield signs
shall be installed as provided therein.
|
Intersection
|
Yield Sign On
|
|---|---|
|
(Reserved)
| |
[New]
No person shall make a turn at any location listed and only
in the manner described.
|
Intersection
|
Turn Prohibited
|
Movement Prohibited
|
|---|---|---|
|
(Reserved)
| ||
[New]
No person shall make a right turn on the red signal at any location
listed.
(Reserved)
[New]
The locations described are hereby designated as Loading Zones.
No person shall park a vehicle in said location during the times indicated
other than for the loading or unloading of goods and materials.
(Reserved)
[1]
Note: Minimum length for all Loading Zones is fifty (50) feet.
No Loading Zone may be established in any area where it is prohibited
to stand or park by statute N.J.S.A. 39:4-136.
[New]
The locations described are hereby designated as Bus Stops.
No vehicle other than an omnibus, picking up or discharging passengers,
shall be permitted to occupy these locations between the hours indicated.
|
Street
|
Hours
|
|---|---|
|
(Reserved)
| |
Note: Below are minimum standards for bus stop length which
are based on recommendations of the Institute of Transportation Engineers
and Studies conducted by the Bureau of Traffic Engineering and Safety
programs. These standards include minimum lengths required for Bus
Stops in order that buses may leave moving traffic lanes safely, keeping
in mind that buses alongside the curb within six (6) inches thereof
as provided by State law pursuant to N.J.S.A. 39:4-135. These minimums
are as follows:
NEAR SIDE — Ninety (90) feet plus the distance
from the curbline to the end of the curb return, property line or
crosswalk approximately one hundred five (105) inches to one hundred
twenty (120) inches. Minimum acceptable length is one hundred five
(105) inches.
FAR SIDE — Eighty-five (85) feet plus the distance
from the curbline to the end of the curb return, property line or
crosswalk approximately one hundred five (105) feet to one hundred
twenty (120) feet. Minimum acceptable length is one hundred five (105)
feet.
MID-BLOCK — No intersection on either side of
roadside minimum acceptable length is one hundred thirty-five (135')
feet.
FAR-SIDE — (AFTER BUS MAKES RIGHT TURN) — Minimum
acceptable length is one hundred fifty (150) feet. An additional forty-five
(45) feet of length should be provided for each additional bus expected
to stop simultaneously.
[New]
The locations described are hereby designated as Taxi Stands.
No vehicle other than a taxi shall be permitted to occupy these locations
during the times indicated.
|
Street
|
Location
|
Hours
|
|---|---|---|
|
(Reserved)
| ||
Note: Minimum length of taxi stand near intersection is twenty-five
(25) feet. Adding the sidewalk area of about ten (10) feet to the
area where parking is prohibited by State law would make the starting
point approximately thirty-five (35) feet from the curbline. Other
locations should be at least thirty (30) feet for one (1) taxi and
twenty-five (25) feet for each additional taxi.
No taxi stand may be established in any area where it is prohibited
to stand or park by statute pursuant to N.J.S.A. 39:4-136.
[New]
The lane locations described are designated as lane use reservations
and traffic shall move as indicated.
|
Intersections
|
Movement
|
|---|---|
|
(Reserved)
| |
[Ord. No. 281 § 1; Ord. No. 359 § 1; Ord. No. 366 § 1; Ord.
No. 451 § 1; Ord. No.
452 § 1; Ord. No. 469; Ord. No. 622; Ord. No. 2015-639]
Speed limits shall be established as follows: Regulatory and
warning signs, conforming to the current Manual on Uniform Traffic
Control Devices for Streets and Highways, shall be erected and maintained
to effect the designated speed limit(s), as required by the Commissioner
of Transportation of the State of New Jersey and as specified and
authorized in writing from the Bureau of Traffic Engineering of the
Department of Transportation.
a.
Glade Road (County Route No. 616)
Zone 1 — 40 m.p.h. from Main Street (Heislerville)
to 400 feet east of Middle Street.
Zone 2 — 50 m.p.h. to State Route 47.
b.
Main Street—Mackeys Lane (County Road No. 616)
Zone 1 — 40 m.p.h. from Glade Road to Menhaden
Road.
Zone 2 — 50 m.p.h. to Prison Farm Road.
Zone 3 — 40 m.p.h. to Mackeys Lane.
c.
High Street (County Road No. 616)
Zone 1 — 25 m.p.h. from the Maurice River to
Wood Street.
Zone 2 — 40 m.p.h. to Mackeys Lane.
d.
Main Street in Dorchester (County Road No. 616)
Zone 1 — 35 m.p.h. from High Street (Heislerville)
to School Lane.
Zone 2 — 45 m.p.h. to Hall Road.
Zone 3 — 40 m.p.h. to High Street (Dorchester).
Zone 4 — 50 m.p.h. to State Route 47.
e.
Railroad Avenue
Zone 1 — 35 m.p.h. from Carlisle Place Road
to Station Road in both directions.
f.
Estell Manor Road
Zone 1 — 40 m.p.h. from State Highway Route
49 to the border of the Township with Estell Manor, Atlantic County
in both directions.
g.
Hands Mill Road
Zone 1. Hands Mill Road for County Road 651 — 40
m.p.h. between New Jersey Route 47 and 4,800 feet north of New Jersey
Route 47.
Zone 2. Hands Mill Road for County Road 550 — 45
m.p.h. between 4,800 feet north of New Jersey Route 47 and New Jersey
Route 347.
h.
Bay Avenue in East Point
15 m.p.h. along its entire length.
[Ord. No. 622; Ord. No. 2015-639]
i.
New Road
25 m.p.h. along its entire length.
[Added 12-17-2020 by Ord. No. 698]
j.
McDonald
Avenue
35 m.p.h. along its entire length.
[Added 6-17-2021 by Ord. No. 704]
k.
Carlisle
Place Road
35 m.p.h. along that section between New Jersey Route 47 and
New Jersey Route 347.
[Added 5-19-2022 by Ord. No. 710]
[New]
A Mid-Block Crosswalk shall be established and maintained at
the following location.
|
Name of Street
|
Location
|
|---|---|
|
(Reserved)
| |
[Ord. No. 354]
No Passing Zones are hereby established and shall be maintained
upon the following described streets or parts thereof.
|
Name of Street
|
Sketch Dated
|
Sketch No.
|
|---|---|---|
|
Cannon Range Road
|
12/7/1988
|
Traffic Bureau Sketch Drawing No. N.P.Z. 3371
|
|
McDonald Avenue
|
12/7/1988
|
Traffic Bureau Sketch Drawing No. N.P.Z. 3371
|
[New]
In accordance with the provisions of N.J.S.A. 39:4-197, the
following on-street locations are designated as handicapped parking
places. Such spaces are for use by persons who have been issued special
identification cards or plates or placards by the Division of Motor
Vehicles, or a temporary placard issued by the Chief of Police. No
other person shall be permitted to park in these places.
|
Street
|
No. of Spaces
|
Location
|
|---|---|---|
|
(Reserved)
| ||
[New]
In accordance with the provisions of N.J.S.A. 39:4-197 the following
off-street parking yards and Board of Education property are designated
as Handicapped Parking areas. Such spaces are for use by persons who
have been issued special identification cards, plates or placard.
No other person shall be permitted to park in these spaces.
|
Street
|
No. of Spaces
|
Location
|
|---|---|---|
|
(Reserved)
| ||
[New]
In accordance with the provisions of N.J.S.A. 40:48-2.46, the
following off-street parking yards are designated as handicapped parking
areas. Such spaces are for use by persons who have been issued special
identification cards, plates or placards by the Division of Motor
Vehicles, or a temporary placard. No other person shall be permitted
to park in these spaces.
|
Street
|
No. of Spaces
|
Location
|
|---|---|---|
|
(Reserved)
| ||
In any space on public or private property appropriately marked
for vehicles for the physically handicapped pursuant to N.J.S.A. 39:4-197.5,
N.J.S.A. 52:27D-119 et seq., or any other applicable law unless the
vehicle is authorized by law to be parked therein and a handicapped
person is either the driver or a passenger in that vehicle. State,
County, or municipal law enforcement officers shall enforce the parking
restrictions on spaces appropriately marked for vehicles for the physically
handicapped on both public and private property [changed by L. 1989,
c. 201(1), eff. 6/1/90].
No person shall move a vehicle not lawfully under his control
into any such prohibited area or away from a curb such distance as
is unlawful.
Pursuant to P.L. 1989, c. 201, the penalties for violations
must be one hundred ($100.00) dollars for a first offense and for
a subsequent offense must be a fine of at least one hundred ($100.00)
dollars and up to ninety (90) days community service on such terms
and such forms as the court shall deem appropriate, or any combination
thereof.
[New]
In accordance with the provisions of N.J.S.A. 39:5A-1, the following
off-street parking locations are designated as handicapped parking.
Such spaces are for use by persons who have been issued special identification
cards, plates or placards by the Division of Motor Vehicles, or a
temporary placard issued by the Chief of Police. No other person shall
be permitted to park in these spaces.
|
Property
|
No. of Spaces
|
Location[1]
|
|---|---|---|
|
(Reserved)
| ||
[1]
Editor's Note: All sketches are on file in the office of the
Municipal Clerk.
[New]
The owners of the premises referred to in subsections 7-35.2 and 7-35.3 shall provide and install signs and pavement markings for each parking space reserved for the use of handicapped persons, which signs and markings shall be in accordance with the manual on Uniform Traffic Control Devices. The cost of procurement and installation of the signs and pavement marking shall be the responsibility of the owner of the property. The owner shall subsequent to initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the Township of Maurice River. The owner shall be responsible for the repair and restoration or replacement of same.
[Added 11-21-2019 by Ord.
No. 690]
Notwithstanding the foregoing, the siting of poles, cabinets and antennas within the municipal right-of-way of the Township of Maurice River is subject to the issuance of a "right-of-way permit" pursuant to Chapter 7, § 7-36, of the Revised General Ordinances of the Township of Maurice River.
a.
ANTICIPATED MUNICIPAL EXPENSES
CABINET
ELECTRIC DISTRIBUTION SYSTEM
EXISTING POLE
GROUND-LEVEL CABINETS
MUNICIPAL RIGHT-OF-WAY
POLE
POLE-MOUNTED ANTENNA
POLE-MOUNTED CABINET
PROPOSED POLE
RIGHT-OF-WAY AGREEMENT
RIGHT-OF-WAY PERMIT
SURROUNDING STREETSCAPE
TOWNSHIP COMMITTEE
UTILITIES REGULATED BY THE BOARD OF PUBLIC UTILITIES
UTILITY SERVICE
ZONE, NONRESIDENTIAL
ZONE, RESIDENTIAL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The cost of processing an application for a right-of-way
permit, including, but not limited to, all professional fees, such
as engineering and attorney costs, incurred by the Township.
A small, box-like or rectangular structure used to facilitate
utility or wireless service from within the municipal right-of-way.
The part of the electric system, after the transmission system,
that is dedicated to delivering electric energy to an end user.
A pole that is in lawful existence within the municipal right-of-way.
A cabinet that is not attached to an existing pole and is
touching or directly supported by the ground.
The surface of, and the space above or below, any public
street, road, place, public way or place, sidewalk, alley, boulevard,
parkway, drive, and the like, held by the Township as an easement
or in fee-simple ownership. This term also includes rights-of-way
held by the County of Cumberland where the Township's approval is
required for the use of same pursuant to N.J.S.A. 27:16-6. This term
shall not include private roadways.
A long, slender, rounded piece of wood, concrete or metal.
A device that is attached to a pole and used to transmit
radio or microwave signals and shall include, but not be limited to,
small cell equipment and transmission media such as femtocells, picocells,
microcells, and outside distributed antenna systems.
A cabinet that is proposed to be placed on an existing or
proposed pole.
A pole that is proposed to be placed in the municipal right-of-way.
An agreement that sets forth the terms and conditions for
use of the municipal right-of-way and includes, but is not limited
to, municipal franchise agreements.
An approval from the Township setting forth the applicant's
compliance with the requirements of this section.
Existing poles, signs, curbing, sidewalks, mailboxes, and
any other structure typically found in rights-of-way, within the same
right-of-way which are located within 500 linear feet of the proposed
pole. Poles carrying electric transmission lines shall not be considered
part of the "surrounding streetscape."
The Township Committee of the Township of Maurice River.
Companies subject to regulation by the New Jersey Board of
Public Utilities under Chapter 48 of the Revised Statutes.
Electric, telephone, or cable service.
The PPHB, PSI, and VLI Zones as designated in Chapter 35 of the Revised General Ordinances of the Township of Maurice River.
Any zones permitting single-family, two-family, or multifamily
residences, assisted-living residences, nursing homes, and/or residential
health care facilities.
b.
Access to right-of-way; right-of-way permits.
1.
No person shall operate or place any type of pole-mounted antenna,
cabinet or pole within the municipal right-of-way except pursuant
to a right-of-way permit per the provisions of this section.
c.
Application to utilities regulated by the Board of Public Utilities.
1.
Notwithstanding any franchise or right-of-way agreement to the contrary,
all antennas, poles, and cabinets proposed to be placed within the
municipal right-of-way by a utility regulated by the Board of Public
Utilities, or any other entity with legal access to the municipal
right-of-way, shall be subject to the standards and procedures set
forth in this section and shall require right-of-way permits for the
siting of poles, antennas and cabinets in the municipal right-of-way.
d.
Right-of-way permits; siting standards for poles, antennas and cabinets
in the right-of-way.
1.
No pole, antenna or cabinet shall be installed within the municipal
right-of-way without the issuance of a right-of-way permit.
2.
Pole siting standards.
(a)
Height. No pole shall be taller than 35 feet or 10% of the average
height of poles in the surrounding streetscape, whichever is higher.
(b)
Location, safety and aesthetics. No pole shall be erected in
the right-of-way unless it:
[1]
Is used to bring utility service across the right-of-way to
an existing or proposed development from an existing pole; or
[2]
Is replacing an existing pole; or
[3]
Is approved pursuant to a land development application by the
Township's Land Use Board pursuant to a land use application; or
[4]
Is located on the opposite side of the street from the electric
distribution system; and
[5]
For sites in residential zones, it is 200 linear feet from any
other existing pole or proposed pole along the same side of the street;
or for sites in nonresidential zones, is 100 linear feet from any
other existing pole or proposed pole along the same side of the street;
and
[6]
Is not located in an area with underground utilities; and
[7]
Does not inhibit any existing sight triangles or sight distance;
and
[8]
Allows adequate room for the public to pass and re-pass across
the municipal right-of-way; and
[9]
Is finished and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, so as to blend in
compatibly with its background and so as to minimize its visual impact
on surrounding properties.
(c)
Application of Pinelands Regulations to proposed poles. Notwithstanding
the standards set forth in Subsection d2(b), no pole shall be sited
in a manner inconsistent with Subchapters 5 and 6 of the Pinelands
Comprehensive Management Plan (N.J.A.C. 7:50-5 and 7:50-6 et seq.).
3.
Ground-level cabinet site standards.
(a)
Ground-level cabinets are prohibited in residential zones.
(b)
Ground-level cabinets are permitted in nonresidential zones,
provided that each ground-level cabinet:
[1]
Is less than 28 cubic feet in volume; and
[2]
Is finished and/or painted so as to blend in compatibly with
its background and so as to minimize its visual impact on surrounding
properties; and
[3]
Does not inhibit any existing sight triangles or sight distance;
and
[4]
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
[5]
Ground-level cabinets shall be marked at the four corners of
each side of the ground-level cabinet with reflective tape or reflective
markers in order to alert motorists to the existing ground-level cabinet.
4.
Pole-mounted antenna and pole-mounted cabinet siting standards.
(a)
Pole-mounted antennas are permitted on existing poles in all
zones, provided that each pole-mounted antenna:
[1]
Does not exceed three cubic feet in volume; and
[2]
Is finished and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, so as to blend in
compatibly with its background and so as to minimize its visual impact
on surrounding properties; and
[3]
Does not inhibit sight triangles or sight distance; and
[4]
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
(b)
Pole-mounted cabinets are permitted on existing poles in all
zones, provided that each pole-mounted cabinet:
[1]
Does not exceed 16 cubic feet; and
[2]
Is finished and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, so as to blend in
compatibly with its background and so as to minimize its visual impact
on surrounding properties; and
[3]
Does not inhibit sight triangles or sight distance; and
[4]
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
(c)
The Township may also require that a permittee provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna or pole-mounted cabinet and the structure
on which it is proposed to be mounted.
(d)
The above certification by a licensed engineer shall be subject
to review and approval by the Township Engineer, who shall prepare
a report reflecting the Township Engineer's findings and any recommendations.
A copy of such report shall be provided to the applicant and to the
Township Committee.
e.
Application process.
1.
Preapplication meeting. Prior to making a formal application with
the Township for use of the municipal right-of-way, all applicants
shall meet with the Township Engineer to review the scope of the applicant's
proposal.
2.
The Township Committee shall, by resolution, approve or disapprove
every right-of-way permit application based on the recommendations
provided to it by the Township Engineer.
3.
All applications made under this section which trigger Federal Communications
Commission shot clock rules pursuant to the Federal Communications
Commission Order titled "Accelerating Wireless Broadband Deployment
by Removing Barriers to Infrastructure Investment; Accelerating Wireline
Broadband Deployment by the Removal of Barriers to Infrastructure
Investment," WT Docket No. 17-79, WC Docket No. 17-84, shall be processed
on an expedited basis.
4.
Every application for a proposed pole shall be deemed incomplete
upon filing unless same includes:
5.
The Township Engineer shall review applications made pursuant to
this section and advise the Township Council of his or her recommendation
to approve or disapprove same. If he or she recommends that an application
be disapproved, the factual basis for that recommendation must be
transmitted to the Township Committee in writing.
6.
If the Township Committee denies any application made under this
section, it shall do so in writing and set forth the factual basis
therefor.
7.
Upon the completion of construction of improvements identified in
the approved permit, the applicant shall notify the Township Clerk,
in writing, that all construction is complete.
8.
Upon notification noted above, the Township Engineer shall conduct
a post-construction inspection to confirm that all improvements have
been installed in accordance with the approved plans. This inspection
will verify the location of the construction components only and will
not include any structural, electrical or mechanical inspection that
may be required by the Township Construction Code Official.
9.
Upon completion of the inspection noted above, the Township Engineer
shall provide a written report to the Township Committee as to whether
or not the work has been installed in accordance with the approved
plans and approved permit.
10.
The applicant's escrow shall not be returned until the Township Engineer
has determined that all work has been performed as per the approved
permit and has been performed in a satisfactory manner. Release of
the applicant's escrow shall be approved by the Township Committee
upon recommendation of the Township Engineer.
f.
Waiver.
1.
Except for standards set forth in Subchapters 5 and 6 of the Pinelands
Comprehensive Management Plan (N.J.A.C. 7:50-5 and 7:50-6 et seq.),
the Township Committee may waive any siting standard set forth in
Section 372-38 where the applicant demonstrates that strict enforcement
of said standard:
(a)
Will prohibit or have the effect of prohibiting any interstate
telecommunications service pursuant to 47 U.S.C. § 253(a);
or
(b)
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II); or
(c)
Will violate any requirement set forth by the Federal Communications
Commission order entitled "Accelerating Wireless Broadband Deployment
by Removing Barriers to Infrastructure Investment; Accelerating Wireline
Broadband Deployment by the Removal of Barriers to Infrastructure
Investment," WT Docket No. 17-79, WC Docket No. 17-84.
g.
Right-of-way permit fees and deposit towards anticipated municipal
expenses.
1.
Every right-of-way permit application must include a right-of-way
permit fee in the following amounts:
2.
Deposit towards anticipated municipal expenses.
(a)
In addition to the right-of-way permit fee, the Township shall
require the posting of a $2,000 deposit towards anticipated municipal
expenses related to an application made pursuant to this section.
(b)
The applicant's deposit towards anticipated municipal expenses
shall be placed in an escrow account. If said deposit contains insufficient
funds to enable the Township to perform its review, the Chief Financial
Officer of the Township shall provide the applicant a notice of insufficient
balance. In order for review to continue, the applicant shall, within
10 days, post an additional $2,000 deposit.
(c)
The Chief Financial Officer shall, upon request by the applicant,
and after a final decision has been made by the Township Committee
regarding his or her pending right-of-way permit application, and
subject to review by the Township Engineer and Township Solicitor,
refund any unused balance from the applicant's deposit towards anticipated
municipal expenses.
3.
Annual fee expenses.
(a)
An annual right-of-way fee payable to the Township by the applicant
for the nonexclusive occupancy of the Township right-of-way by the
applicant shall be in the amount of $500.
(b)
The applicant shall be required to notify the Township Clerk,
in writing, on a Township-approved form, advising as to, but not limited
to, the following information:
h.
Permitted communications facility uses; administrative review; application.
1.
Permitted use. The following uses within the public right-of-way
shall be a permitted use, subject to administrative review only and
issuance of a permit as set forth in this section. All such uses shall
be in accordance with all other applicable provisions of this chapter:
(a)
Co-location of a small wireless facility or a co-location that
qualifies as an eligible facilities request;
(b)
Modification of a pole, tower or support structure, or replacement
of a pole, for co-location of a communications facility that qualifies
as an eligible facilities request or involves a small wireless facility
that does not exceed the maximum limitations set forth herein;
(c)
Construction of a new pole or a monopole tower (but no other
type of tower) to be used for co-location of a small wireless facility
that does not exceed the maximum height set forth herein; and
(d)
Construction of a communications facility, other than those
set forth in Subsection h1(a), (b) or (c) of this section, involving
the installation of coaxial, fiber optic or other cabling, that is
installed underground (direct buried or in conduit), or aboveground
between two or more poles or a pole and a tower and/or support structure,
and related equipment and appurtenances.
2.
Permit required. No person shall place any facility described above
in the public right-of-way without first filing an application for
same and obtaining a permit therefor, except as otherwise expressly
provided in this chapter.
3.
Proprietary or confidential information in application. The Township
shall make accepted applications publicly available. Notwithstanding
the foregoing, the applicant may designate portions of its application
materials that it reasonably believes contain proprietary or confidential
information as "proprietary" or "confidential" by clearly marking
each portion of such materials accordingly, and the Township shall
treat the information as proprietary and confidential, subject to
the New Jersey Open Public Records Act and the Township's determination
that the applicant's request for confidential or proprietary treatment
of an application material is reasonable.
4.
Administrative review application requirements. The application shall
be made by the applicable provider or its duly authorized representative
and shall contain the following:
(a)
The applicant's name, address, telephone numbers, and email
addresses, including emergency contact information for the applicant.
(b)
The names, addresses, telephone numbers, and email addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application.
(c)
A general description of the proposed work and the purposes
and intent of the proposed facility. The scope and detail of such
description shall be appropriate to the nature and character of the
physical work to be performed, with special emphasis on those matters
likely to be affected or impacted by the physical work proposed.
(d)
Detailed construction drawings regarding the proposed facility.
(e)
To the extent the proposed facility involves co-location on
a pole, tower or support structure, a structural report performed
by a duly licensed engineer evidencing that the pole, tower or support
structure will structurally support the co-location in accordance
with applicable codes.
(f)
For any new aboveground facilities, visual depictions or representations
if not included in the construction drawings.
5.
Ordinary maintenance, repair, and replacement. An application shall
not be required for ordinary maintenance, repair, and replacement,
other than to the extent required for permits described herein.
6.
Information updates. Any material change to information contained
in an application shall be submitted, in writing, to the Township
within 30 days after the change necessitating the change.
7.
Application fees. Unless otherwise provided by applicable laws or
otherwise set forth herein, all applications pursuant to this section
shall be accompanied by the fees required in Subsection g2 above.
[Amended 5-19-2022 by Ord. No. 711]
8.
Prior
to installing any cable either underground or aboveground on new or
existing poles, a communication provider shall register with the Municipal
Clerk on a prescribed form and pay a fee of $175. Each year thereafter,
so long as the communication provider operates within the Township,
the communication provider shall file with the Municipal Clerk an
update to its initial registration on a prescribed form and pay a
fee of $125. The purpose is to keep the Township apprised as to all
entities that maintain cables; poles; wires; and equipment in the
Township-owned right-of-ways.
[Added 5-19-2022 by Ord. No. 711]
9.
The communication
provider shall reimburse the Township the actual costs of any review
of documents or work performed by the Municipal Solicitor and Municipal
Engineer not to exceed $1,200 for each related to applications and/or
requests for permits.
[Added 5-19-2022 by Ord. No. 711]
i.
Action on administrative review applications.
1.
Review of applications for administrative review.
(a)
The Township shall review the application in light of its conformity
with applicable provisions of this chapter and shall issue a permit
on nondiscrimination terms and conditions, subject to the following
requirements:
[1]
Within 20 days of receiving an application, the Township shall
determine and notify the applicant whether the application is complete;
or if an application is incomplete, the Township shall specifically
identify the missing information and may toll the approval interval
in Subsection i1(a)(2) below. The applicant may resubmit the completed
application within 20 days without additional charge, and the subsequent
review will be limited to the specially identified missing information
subsequently completed, except to the extent material changes to the
proposed facility have been made by the applicant (other than those
requested or required by the Township), in which case a new application
and application fee for same must be submitted; and
[2]
The Township shall make its final decision to approve or deny
the application within 60 days for a co-location, and 90 days for
any new structure, after the application is deemed complete; and
[3]
The Township shall advise the applicant, in writing, of its
final decision, and in the final decision document the basis for a
denial, including specific code provisions and/or regulations on which
the denial was based. A decision to deny an application shall be in
writing and supported by substantial evidence contained in a written
record, publicly released, and sent to the applicant. The written
decision, supported by such substantial evidence, shall constitute
final action by the Township. The review period or "shot clock" shall
run until the written decision, supported by substantial evidence,
is related and sent to the applicant contemporaneously. The applicant
may cure the deficiencies identified by the Township and resubmit
the application within 30 days of the denial without paying an additional
application fee, unless denial was issued due to noncompliance with
Design Guidelines or other requirements under this section (in which
case a new application fee must be paid). The Township shall approve
or deny the revised application within 30 days of receipt of the revised
application. The subsequent review by the Township shall be limited
to the deficiencies cited in the original denial and any material
changes to the application made to cure any identified deficiencies.
(b)
If the Township fails to act on an application within the review
period referenced in Subsection i1(a)(2), the applicant may provide
the Township written notice that the time period for acting has lapsed,
and the Township then has 20 days after receipt of such notice within
which to render its written decision, failing which the application
is then deemed approved by passage of time and operation of law and
a permit shall be deemed issued for such application. The applicant
shall provide notice to the Township at least seven days prior to
beginning construction or co-location pursuant to the de facto permit
issued under this subsection, and such notice shall not be construed
as an additional opportunity for objection by the Township or other
entity to the deployment.
(c)
An applicant seeking to construct, modify or replace a network
of communications facilities may, at the applicant's discretion and
subject to the Township's application requirements and process, file
a consolidated application and receive a single permit for multiple
communications facilities, or multiple permit(s) for any and all sites
in a consolidated application that it does not otherwise deny, subject
to the requirements of this section.
2.
Review of eligible facilities requests. Notwithstanding any other
provision of this chapter, the Township shall approve within 60 days
and may not deny applications for eligible facilities requests according
to the procedures established under 47 CFR 1.40001(c).
3.
Small wireless facilities; maximum height; other requirements.
(a)
Maximum size of permitted use. Small wireless facilities, and
new modified or replacement poles, towers and support structures to
be used for co-location of small wireless facilities, may be placed
in the public right-of-way as a permitted use in accordance with this
subsection, subject to the following requirements:
[1]
Each new, modified or replacement
pole, tower, or support structure installed in the public right-of-way
shall not exceed the greater of:
(i)
Five feet above the tallest existing pole, tower, or support
structure not exceeding 50 feet in the public right-of-way, in place
as of the effective date of this section, and located within 500 feet
of the new proposed pole, tower or support structure; or 10 feet on
utility distribution poles where required by the electrical utility
separation requirements; or
(ii)
Fifty feet above ground level.
[2]
Each modified or replacement pole,
tower or support structure installed in the public right-of-way shall
not exceed the greater of:
(i)
Five feet above the height of the pole, tower or support structure
being modified or replaced in place as of the effective date of this
section; or 10 feet on utility distribution poles where required by
the electrical utility separation requirements; or
(ii)
The height limit under Subsection d2.
4.
Discretionary review requirements. Unless an applicant seeks to install
a communications facility that conforms to the specific uses and size
and height limitations set forth in above or involves ordinary maintenance,
repair and replacement, the application shall be subject to the discretionary
review, e.g., zoning/land use requirements set forth in the Township
Land Use Ordinance[1] applicable to construction and placement of such facilities.
5.
Undergrounding provisions.
(a)
The Township shall administer undergrounding provisions in a
nondiscriminatory manner. It shall be the objective of the Township
and all public right-of-way occupants to minimize disruption or discontinuance
of service of all kinds to consumers, through mutual obligation to
coordinate and timely complete such projects.
(b)
An occupant shall comply with nondiscriminatory Township underground
requirements that: (1) are in place and published prior to the date
of initial filing of the application; and (2) prohibit electric, telecommunications
and cable providers from installing aboveground horizontal cables,
poles, or equivalent vertical structures in the public ROW; and the
Township may require the removal of overhead cable and subsequently
unused poles. In areas where existing aerial utilities are being moved
underground, wireless providers shall retain the right to remain in
place, under their existing authorization, by buying out the ownership
of the pole(s), subject to the concurrence of the pole owner and consent
of the Township (which consent may not be unreasonably withheld, conditioned
or delayed), or, alternatively, the wireless provider may reasonably
replace the existing pole(s) or vertical structure locations for antennas
and accessory equipment, as a permitted use within 50 feet of the
prior location, unless a minimally greater distance is necessary for
compelling public welfare.
(c)
In neighborhoods or areas with existing underground utilities
that do not have small wireless facilities deployed as permitted use,
a new entrant wireless provider applying after utilities have been
placed underground shall first seek existing vertical structure locations,
if technically feasible for the wireless service to be deployed. To
the degree such vertical structures are not available, and upon receiving
an approved permit, the applicant shall be entitled to place poles
or vertical structures as necessary to provide the wireless service
using vertical structures commensurate with other vertical structures
in the neighboring underground utility area.
(d)
In neighborhoods or areas with existing underground utilities
that do have small wireless facilities deployed as a permitted use,
a new entrant wireless provider applying after utilities have been
placed underground shall first seek existing vertical structure locations,
if technically feasible for the wireless service to be deployed. To
the degree such vertical structures are not available, and upon receiving
an approved permit, the applicant shall be entitled to place poles
or vertical structures as necessary to provide the wireless service
using vertical structures commensurate with other vertical structures
of wireless providers in the neighboring underground utility area.
(e)
In the neighborhoods with underground utilities, whether being
converted from overhead utilities or initially underground, micro-wireless
devices, typically strand-mounted, shall be treated like other small
wireless facilities in the public ROW, requiring permitted use status,
and subject to nonrecurring and recurring fees and rates.
6.
Effect of permit.
(a)
Authority granted; no property right or other interest created.
A permit from the Township authorizes an applicant to undertake only
certain activities in accordance wit this chapter and does not create
a property right or grant authority to the applicant to impinge upon
the rights of others who may already have an interest in the public
ROW.
(b)
Duration. Any permit for construction issued under this section
shall be valid for a period of six months after issuance, provided
that the six-month period shall be extended for up to an additional
six months upon written request of the applicant made prior to the
end of the initial six-month period if the failure to complete construction
is delayed as a result of circumstances beyond the reasonable control
of the applicant.
7.
Removal, relocation or modification of a communications facility
in the right-of-way.
(a)
Notice. Within 90 days following written notice from the Township,
a provider shall, at its own expense, protect, support, temporarily
or permanently disconnect,, remove, relocate, change or alter the
position of any communications facility within the public right-of-way
whenever the Township has determined that such removal, relocation,
change or alteration is reasonably necessary for the construction,
repair, maintenance or installation of any Township improvement in
or upon, or the operations of the Township in or upon, the public
right-of-way. The Township shall apply the same standards to all utilities
in the public right-of-way.
(b)
Emergency removal or relocation of facilities. The Township
retains the right and privilege to cut power to or move any communications
facility located within the public right-of-way of the Township, as
the Township may determine to be necessary, appropriate or useful
in response to any public welfare emergency or safety emergency. If
circumstances permit, the Township shall notify the provider and provide
the provider an opportunity to move its own facilities prior to cutting
power to or removing the communications facility and in all cases
shall notify the provider after cutting power to or removing the communications
facility as promptly as reasonably possible.
(c)
Abandonment of facilities. A provider is required to notify
the Township of abandonment of any communications facility at the
time the decision to abandon is made; however, in no case shall such
notification be made later than 30 days prior to abandonment. Following
receipt of such notice, the Township shall direct the provider to
remove all or any portion of the communications facility if the Township
determines that such removal will be in the best interest of the public
safety and public welfare. If the provider fails to remove the abandoned
facility within 60 days after such notice, the Township may undertake
to do so and recover the actual and reasonable expenses of doing so
from the provider, its successors and/or assigns.
(d)
Structural reconditioning, repair, and replacement. From time
to time, the pole owners may paint, recondition, or otherwise improve
or repair the owner's poles in a substantial way ("reconditioning
work"). The provider shall reasonably cooperate with the owner to
carry out reconditioning work activities in a manner that minimizes
interference with the provider's approved use of the facility.
j.
Miscellaneous provisions.
1.
Any approval received pursuant to this chapter does not relieve the
applicant from receiving consent from the owner of the land above
which an applicant's facility may be located as may be required under
New Jersey law or the owner of any existing pole on which the facility
may be mounted.
2.
The applicant must, in addition to receiving a right-of-way permit,
also receive all necessary road opening permits, construction permits,
and any other requirement set forth in the Revised Ordinances of the
Township of Maurice River or state statutes.
3.
The Township's consent for use of county roads, as required pursuant
to N.J.S.A. 27:16-6, shall take the form of a right-of-way permit
subject to the standards and application process set forth in this
chapter. No such applicant shall be required to enter into a right-of-way
agreement with the Township.
4.
The applicant must comply with all applicable state, local and federal
regulations, including, but not limited to, the New Jersey Pinelands
Preservation Act (N.J.S.A. 13:18A-1).
k.
Proposed poles: Pinelands Commission process.
1.
Application submission and modification. Where a proposed pole is
located within a Pineland Area, written notification shall be given
by the Township, by email or regular mail, to the Pinelands Commission
within seven days after a determination is made by the Township that
an application for a right-of-way permit for the siting of a proposed
pole is complete or if a determination is made by the Township Engineer
that the application has been modified. Said notice shall contain:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes for development;
(c)
A brief description of the proposed development, including uses
and intensity of uses proposed;
(d)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(e)
The date on which the application, or any change thereto, was
filed, and any application number or other identifying number assigned
to the application by the approval agency;
(f)
The approval agency with which the application or change thereto
was filed;
(g)
The content of any change made to the application since it was
filed with the Commission, including a copy of a revised plan or reports;
and
(h)
The nature of the municipal approvals being sought.
2.
Meetings and hearings. Where a meeting, hearing or other formal proceeding
on an application for a right-of-way permit in the Pinelands Area
is required, the applicant shall provide notice to the Pinelands Commission
by email, regular mail or delivery of the same to the principal office
of the Commission at lest five days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
(a)
The name and address of the applicant;
(b)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(c)
The date, time and location of the meeting, hearing or other
formal proceeding;
(d)
The name of the approval agency, or representative thereof,
that will be conducting the meeting, hearing or other formal proceeding;
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission; and
(f)
The purpose for which the meeting, hearing, or other formal
proceeding is to be held.
3.
Notice of approvals and denials. The Pinelands Commission shall be
notified of all approvals and denials of the Township Committee's
determination related to an application for a right-of-way permit
in the Pinelands Area. The applicant shall, within five days of the
approval or denial, give notice by email or regular mail to the Pinelands
Commission. Such notice shall contain the following information:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop;
(c)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(d)
The date on which the Township Council's approval or denial
was issued;
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission;
(f)
Any revisions to the application not previously submitted to
the Commission; and
(g)
A copy of the resolution, right-of-way permit, or other documentation
of the approval or denial. If the application was approved, a copy
of any preliminary or final plan, plot or similar document that was
approved shall also be submitted.
4.
Review by the Pinelands Commission.
(a)
Upon receipt by the Pinelands Commission of the notice of approval,
the applicant's application for a right-of-way permit shall be reviewed
in accordance with the provisions of N.J.A.C. 7:50-4.36 through 7:50-4.42.
The appeal or denial of the Township shall not be effective, and no
development shall be carried out, prior to a determination of whether
the development approval will be reviewed by the Commission. If the
applicant is notified that the Commission will review the application,
no development shall be performed until such review has been completed.
(b)
Pursuant to N.J.A.C. 7:50-4.1(b) and until January 4, 1991,
approvals issued by the Pinelands Development Review Board or the
Pinelands Commission under the Interim Rules and Regulations shall
serve as the basis for Pinelands Commission review of local approvals
under this section.
(c)
Although the Pinelands Commission shall be notified of all denials,
no such denial actions are subject to further review and action by
the Pinelands Commission.
(d)
Effect of Pinelands Commission's decision on Township's approval
of right-of-way permit. If the Pinelands Commission disapproves an
application for development which was previously approved by the Township
by way of a right-of-way permit, such approval shall be automatically
revoked. If the Pinelands Commission approves the decision of the
Township Committee related to an application for a right-of-way permit,
subject to conditions, the Township Committee shall, within 30 days,
modify its approval to include all conditions imposed by the Pinelands
Commission; and if final approval of the application is required,
shall grant final approval only if the application for approval demonstrates
that the conditions specified by the Pinelands Commission have been
met by the applicant.
5.
Participation of Pinelands Commission in Township Committee meetings.
The Pinelands Commission may participate in a hearing held in Maurice
River Township involving the issuance of a right-of-way permit pursuant
to N.J.A.C. 7:50-4.26.
[New]
In accordance with the provisions of N.J.S.A. 39:4-197, the
following Municipal and Board of Education Property shall have the
movement of traffic controlled by the type of regulation indicated.
No person shall operate, or park a vehicle in violation of the regulations
indicated.
a.
Parking Time Limited. No person shall park a vehicle for longer than
the time limit between the hours listed on any day (except Sundays
and public holidays) in any of the places described.
|
Name of Lot
|
Areas
|
Time Limit
|
Location
|
|---|---|---|---|
|
(Reserved)
| |||
[New]
In accordance with the provisions of N.J.S.A. 40:48-2.46, the
following private property that is open to the public and to which
the public is invited, the movement of traffic shall be controlled
by the types of regulations indicated. No person shall operate or
park a vehicle in violation of the following regulations.
|
Property
|
Regulation
|
|---|---|
|
(Reserved)
| |
[New]
In accordance with the provisions of N.J.S.A. 39:5A-1 the regulations
of Subtitle 1 of the Title 39 are hereby made applicable to the properties
listed below.
|
Property
|
Regulation
|
|---|---|
|
(Reserved)
| |
[New]
The owners of the premises referred to in this section shall
provide and install signs and pavement markings as required, which
signage and markings shall be in accordance with the Manual of Uniform
Traffic Control devices. The cost of procurement and installation
of the signs and pavement markings shall be the responsibility of
the owner of the property. The owner shall, subsequent to the initial
procurement and installation, maintain such signs and pavement markings
in good condition at no cost or expense to the Township. The owner
shall be responsible for the repair and restoration or replacement
of same.
[New]
For a violation of the provision of this section or any supplement
thereto for which no specific penalty is provided, the offender shall
be liable to a penalty of not more than fifty ($50.00) dollars or
imprisonment for a term not exceeding fifteen (15) days, or both;
except that for a violation of a section of article 11 [N.J.S.A. 39:4-80
et seq.], 13 [N.J.S.A. 39:4-105 et seq.], 14 [N.J.S.A. 39:123 et seq.]
or 17 [N.J.S.A. 39:4-140 et seq.] of this chapter or any supplement
thereto for which no specific penalty is provided, the offender shall
be liable to a penalty of not less than fifty ($50.00) dollars or
more than two hundred ($200.00) dollars or imprisonment for a term
not exceeding fifteen (15) days, or both.
