Township of Neptune, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinances history: Ordinance Nos. 680, 1072, 1361, 1654, 1671, 97-28, 03-30, 13-07, 2015-10.
[Ord. No. 2016-19]
Whenever in this section reference is made to the "Department of Engineering & Planning" or their designated representative," this shall also mean that in the event there is no Director of Engineering & Planning, this shall then refer to the Assistant Director of Engineering & Planning.
[Ord. No. 2016-19]
No person, firm or corporation shall excavate, dig up or disturb any right-of-way, street, avenue, highway, road, alley, sidewalk, or any public place whatsoever in the Township of Neptune, in the County of Monmouth for the purpose of laying, installing, replacing or repairing of water, gas and sewer pipes and mains, and telephone and electrical conduits, storm sewer, curbing, driveways, or for any other purpose whatsoever without obtaining a permit therefore from the Director of Engineering & Planning or their designated representative.
[Ord. No. 2016-19]
Application forms shall be obtained from the Director of Engineering & Planning, or their designated representative, and shall contain the name and address of the person, firm or corporation making the application, and signed by the applicant or a duly authorized agent, and shall set forth the location where work is to be performed, the character of the work, and the time within which it is to be completed, together with scaled drawings of the proposed work.
a. 
For proposed openings less than ninety (90) square feet/ten (10) square yards a non-refundable application fee of fifty ($50.00) dollars payable to the Township of Neptune is required;
b. 
For proposed openings greater than ninety (90) square feet/ten (10) square yards a non-refundable application fee of twenty-five ($25.00) dollars per one hundred (100) square feet of proposed opening is required.
[Ord. No. 2016-19]
A road excavation permit issued for any street within the Ocean Grove Historic District shall only be valid between September 16th and April 30th. No excavation of streets shall be permitted within the Ocean Grove Historic District between May 1st and September 15th. A road excavation permit may be issued for a road excavation during the prohibited time period in the event of emergency circumstances as determined by the Director of Engineering & Planning.
[Ord. No. 2016-19]
Before a permit is issued the applicant shall be required to deliver to the Director of Engineering & Planning or their designated representative, a certificate of insurance in the amount of one hundred thousand ($100,000.00) dollars to two hundred fifty thousand ($250,000.00) dollars for bodily injury, and twenty-five thousand ($25,000.00) dollars property damage for the purpose of indemnifying the Township of Neptune, in the County of Monmouth for any personal injuries or property damage that may be sustained during the progress of the work.
[Ord. No. 2016-19]
Before a permit will be issued for work requiring a street opening permit that exceeds ninety (90) square feet or ten (10) square yards, a street opening performance bond in favor of the Township shall be posted in the amount of four thousand ($4,000.00) dollars for a term of five (5) years to guarantee the cost of replacing or repairing any street, road, avenue, highway, sidewalk, curb, gutter, alley or driveway or any other public place whatsoever to its original condition where the work has been performed. Permanent restoration shall be made within three (3) months after completion of the work, subject to the provisions of subsection 13-1.10 herein relating to permanent restoration of road surfaces and subject to the approval of the Director of Engineering & Planning or their designated representative. The said Township may undertake the permanent restoration if the permittee so requests provided the permittee shall pay, in advance, the prevailing cost in cash or by certified check as determined by the Director of Engineering & Planning or their designated representative.
[Ord. No. 2016-19]
Tunneling or boring will be permitted in special cases, subject to the approval of the Director of Engineering & Planning or their designated representative, with the filing of a performance bond in an amount and term required by the Township Committee, and in accordance with the specifications approved by the Township Committee.
[Ord. No. 2016-19]
Any person, firm or corporation undertaking any work pursuant to any permit shall keep the area where the work is performed open to traffic at all times, barricading every excavation on all sides and posting warning signs during the day and one-half (1/2) hour before sunset and one-half (1/2) hour after sunrise; lights shall be placed around such excavation, in addition to the aforesaid barricades. Provisions for the protection of pedestrians and vehicles shall be in such manner as shall be satisfactory to the Police Department of the Township of Neptune pursuant to the Manual on Uniform Traffic Control Devices (MUTCD). If the excavation extends the full width of the street, avenue, road, etc., only one-half (1/2) of the road shall be opened, and this is to be backfilled before the other half is opened to permit the free flow of traffic at all times. Any road closures or detours shall be coordinated with the Neptune Township Police Department Traffic Safety Officer and the Department of Engineering and Planning.
[Ord. No. 2016-19]
a. 
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 of the State of New Jersey, may, in lieu of the provisions of subsection 13-1.5 hereof, post a bond of the public utility corporation or municipal corporation, as the case may be, in the penal sum of ten thousand ($10,000.00) dollars. Such bond shall be conditioned upon the compliance with the applicable provisions of this section in respect to any work which shall be hereafter performed by such a public utility corporation or municipal corporation in the Township of Neptune, and the obligation of such bond shall be a continuing obligation to the full amount thereof for any and all work performed.
b. 
A public utility corporation or municipal corporation, during the period while such bond is in full force and effect, may in lieu of filing a certificate of insurance for bodily injury and property damage in the amounts as set forth in this section, file with the Director of Engineering & Planning or their designated representative, a certificate certifying that it is a self-insurer and exempt from the necessity of obtaining an insurance policy pursuant to the provisions of the statutes of the State of New Jersey, and that the Township of Neptune is completely indemnified thereby.
[Ord. No. 2016-19]
The permittee shall assume all responsibility and hold the Township harmless for any property damage or bodily injury which may occur as a result of the work performed from the time the work commences until the permanent restoration has been made by the permittee. The permittee shall immediately backfill the opening with excavated material if such material is suitable, in layers not exceeding two (2') feet in thickness if heavy compacting equipment is used or in layers not exceeding one (1') foot in thickness if hard or light compacting is used. This fill shall be brought to an elevation of six (6") inches below the permanent surface. If the Director of Engineering & Planning, or their designated representative, determines that the excavated material is not suitable for backfilling as specified, then it shall be removed from the site and the opening backfilled as herein specified with suitable material, then six (6") inches of road gravel of a grade satisfactory to the Director of Engineering & Planning, or their designated representative, shall be applied and thoroughly compacted. This temporary restoration shall be checked for settling and all holes shall be filled evenly with the surface of the adjoining pavement.
Once the excavation work area has been properly saw cut, and the backfill tamped and compacted, the permittee shall install no less than six (6") inches of bituminous stabilized base course to the trench surface. If the distance from the edge of the excavation work area to the existing curb is less than two (2') feet, the permittee shall be required to excavate to the curb and evenly install six (6") inches of bituminous stabilized base course in the entire area.
The partially restored pavement shall be allowed to settle for no less than ninety (90) and no more than one hundred eighty (180) days. If at any time during the settlement period, the trench becomes unacceptable as determined by the Director of Engineering & Planning, the permittee shall be notified of the condition requiring repair, and such repair shall be performed within twenty-four (24) hours of such notification by the Director Engineering & Planning. If the repair is not made in the time specified, the Township may make the repair and any cost thereof will be charged against the permittee's cash repair deposit and/or maintenance bond. At the end of the period of time of settlement required by the Department of Engineering & Planning, an inspection shall be performed by the Department.
At this time, the permittee shall be required to mill the excavation work area surface to a width equal to one (1') foot wider on each side of the initial repair and install no less than two (2") inches of FABC surface course. The permittee shall also be required to provide a tack coat on all existing bituminous and concrete surfaces and a hot-poured, rubber asphalt joint sealer (per current DOT Standard Specifications for Roads and Bridges).
Unless authorized by the Department of Engineering & Planning, any excavation less than ninety (90) square feet/ten (10) square yards shall require milling and restoration of the excavation work area extending a minimum of one (1') foot beyond the edge of excavation to the nearest curb. Any excavation equal to or greater than ninety (90) square feet/ten (10) square yards shall require milling and restoration of the excavation work area extending from the center line of road to the curb and extending a minimum of one (1') foot beyond the outer edges of the excavation. If the excavation work area will be within two hundred (200') feet or less of previous excavations occurring within one (1) year of the subject excavation (by same permittee along the same side of the road), the permittee shall be required to mill and restore the roadway between the outer most excavations.
The permittee shall be required to replace any facilities including, but not limited to, curb, pavement, sidewalk, line striping, etc., that is affected by the excavation and restoration work, at the permittee's expense. Such work shall be performed according to Township standards.
With Department of Engineering & Planning approval, center line of road milling and restoration may be offset by the distance necessary to avoid disturbing existing line striping or markers.
Work that is completed in the public right-of-way, but outside of the cartway, should be restored to existing conditions. If the work contains curb and sidewalk then the area shall be restored with curb and sidewalk in accordance with the Township Engineer's review and recommendations on specifications.
If the work was other than sidewalk, such as slate or pavers, then it shall be restored to slate or pavers or the material that existed prior to excavation.
[Ord. No. 2016-19]
The permittee shall establish an engineering inspection escrow account with the Township Finance Officer unless specifically waived by the Township of Neptune, by and through the Department of Engineering & Planning, for any proposed permit for over ninety (90) square feet or ten (10) square yards. In the event of a multiple repairs/replacements on the same street or within three (3') feet the openings shall be cumulative and not submitted as separate permits in order to avoid the inspection fee. The account shall be for five (5%) percent of the estimated cost of the project, or five hundred ($500.00) dollars, whichever is greater. The escrow shall be used by the Township for the reimbursement of engineering fees, inspection fees and other reasonable fees associated with the permittee's project.
In the event that charges deplete the escrow account by more than fifty (50%) percent of the original submission, the permittee shall be notified and requested to submit additional escrow sums in sufficient amount to restore the escrow account to not less than seventy-five (75%) percent of the original escrow deposit.
[Ord. No. 2016-19]
In case of emergency, an emergency permit may be issued by the Police Department of the Township of Neptune, after which an application for a permit, as hereinbefore required, shall be made to the Director of Engineering & Planning, or their designated representative, within forty-eight (48) hours after the work has been commenced.
[Ord. No. 2016-19]
When a Township street, right-of-way is to be paved or improved, the Township Engineer's office, or said utility or company completing work, shall first give notice to all persons owning property abutting the street about to be paved or improved and to all public utilities and authorities operating in the Township, and/all such persons, utilities and authorities shall make all connections as well as any repairs thereto which would necessitate excavation of the street within sixty (60) days of the giving of such notice. The time shall be extended if permission is requested in writing and approved by the Township Engineer.
[Ord. No. 2016-19]
No street opening permit shall be issued by the Director of Engineering & Planning to any person given notice under this section or their assignees or successors which would allow an excavation or opening in paved and improved street surface less than three (3) years old unless the applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted or unless an emergency condition exists.
If determined that the roadway needs to be opened in the event of an emergency the penalty shall apply.
The penalty charge shall be on a sliding scale determined as follows:
a.
Penalty assessment
= $1,000
b.
Area of road cut in S.F. x $5
= Varies
Total a and b
= Varies
Penalty factor is three (3%) percent of the above total for each unelapsed month or fraction thereof of the three (3) year (36 months) restricted period. Maximum penalty shall be one hundred eight (108%) percent of above total and minimum penalty shall be five hundred ($500.00) dollars. Inspection and permit fees are payable in addition to the penalty charges set forth herein pursuant to subsection 13-1.13. No portion of the penalty charge shall be refundable and penalty charges do not relieve the permit holder from the required performance cash bond or the required insurance. Restoration of all road openings in "new street" pavement shall be to a "newly paved" condition. The restoration shall be according to subsection 13-1.10.
[Ord. No. 2016-19]
Any person, firm or corporation violating any of the provisions of this section shall, upon conviction, suffer and be subject to a fine not exceeding the amount authorized in N.J.S.A. 40:49-5, a term of imprisonment not exceeding the term authorized in N.J.S.A. 40:49-5 or a period of community service not exceeding the period authorized in N.J.S.A. 40:49-5 or any combination thereof.
[Ord. No. 1369 § 1; Ord. No. 2015-27]
The owners and tenants of lands abutting or bordering upon the sidewalks of the public streets and highways in the Township shall remove, or cause to be removed, from sidewalks in front of or bordering on their lands, all snow and ice within twelve (12) hours of daylight after the same shall be formed or fallen thereon.
[1]
Editor's Note: Subsection 13-2.2, Township May Remove, containing portions of Ordinance No. 1369, was deleted by Ordinance No. 2015-27.
[1]
Editor's Note: Subsection 13-2.3, Cost of Removal by Township; Lien Against Property, containing portions of Ordinance No. 1369, was deleted by Ordinance No. 2015-27.
[Ord. No. 1448 § 1; Ord. No. 2015-27]
The school areas are designated by signs:
a. 
Montessori.
1. 
Sign 1 on Asbury Avenue, facing east, just west of Vanada Drive.
2. 
Sign 2 on Asbury Avenue, facing west, east of Colgate Avenue.
b. 
Jumping Brook Fields.
1. 
Sign 1 on Jumping Brook Road, facing south, south of Country Drive.
2. 
Sign 2 on Jumping Brook Road, facing north, south of Route 66.
c. 
Shark River School.
1. 
Sign 1 on Brighton Avenue, facing north at the foot of Schock Avenue.
2. 
Sign 2 on Brighton Avenue, facing south, just north of Lakewood Road.
d. 
Summerfield School.
1. 
Sign 1 on Route 33, facing each, at Hawthorne Avenue.
2. 
Sign 2 on Green Grove Road, facing north at Squirrel Road.
e. 
Neptune Senior High; Neptune Junior High; Gables School; Monmouth Vocational School.
1. 
Sign 1 on Route 33, facing west, west of Stanley Avenue.
2. 
Sign 2 on Route 33, facing east, just east of Taylor Avenue.
3. 
Sign 3 on Heck Avenue, facing east, 150 feet off Taylor Avenue.
4. 
Sign 4 on Bangs Avenue, facing west, just before intersection of West Lake Avenue and Bangs Avenue.
5. 
Sign 5 on Wakefield Road, facing south on Brixton Place.
f. 
Holy Innocents.
1. 
Sign 1 on West Bangs, facing East Shore Brook Circle, east section, north side of street.
2. 
Sign 2 on Route 33, facing west, at Old Corlies Avenue.
g. 
Green Grove School.
1. 
Sign 1 on Route 66, facing east, just east of Yale.
2. 
Sign 2 on Route 66, facing west, after Mancino's Lodge.
3. 
Sign 3 on Green Grove Road, facing south, north of Bangs Avenue.
h. 
Midtown Community Elementary School.
1. 
Sign 1 on SH 33, facing eastbound traffic, just east of the Ridge Avenue intersection.
2. 
Sign 2 on SH 33, facing westbound traffic, just east of the Atkins Avenue intersection.
3. 
Sign 3 on Atkins Avenue, facing southbound traffic, just north of Heck Avenue.
4. 
Sign 4 on Atkins Avenue, facing northbound traffic, just south of 10th Avenue.
i. 
Children's Center of Monmouth County.
1. 
Sign 1 on Green Grove Road, facing northbound traffic, just north of SH 66.
2. 
Sign 2 on Green Grove Road, facing southbound traffic, just south of Jumping Brook Road.
[Ord. No. 1448 § 2; Ord. No. 2015-27]
Any person, firm or corporation violating this section in the above-designated school zone areas shall, upon conviction, be subject to a fine of at least $100.00, but not exceeding $2,000.00 for each and every violation, or a period of community service not exceeding ninety (90) days or any combination thereof.
[Ord. No. 2015-27]
The following shall be declared Authorized Officers for the purpose of enforcing the provisions of this section:
All Township Law Enforcement Officers;
All Township Public Works Employees;
All Township Code Enforcement Officers;
All Township Construction Department Inspectors and Subcode Officials.
[Ord. No. 2015-27]
Any person, firm or corporation violating this section outside of a school zone shall be fined $50.00 per day, for each and every date the violation exists, for the first occurrence, $100.00 for each and every day the violation exists for a second occurrence and $150.00 per day for each and every day the violation exists for a third occurrence and $500.00 per day for each and every day the violation exists for all subsequent violations. The Court can also impose a period of community service not to exceed ninety (90) days or any combination thereof.
[Ord. No. 151 § 1]
It shall be unlawful for any person, firm or corporation to display, exhibit, deposit or maintain or cause to be displayed, exhibited, deposited or maintained in or on any of the streets, avenues, highways or sidewalks of the Township any goods, wares, merchandise, building materials, encroachments, encumbrances or obstructions of any kind or character without first obtaining from the Township Committee, or its duly authorized agent, a permit so to do.
[Ord. No. 151; New]
Any person or persons, firm or corporation who shall violate any of the provisions of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 04-11 § 1; Ord. No. 06-21 § 1]
Portable basketball hoops/structures shall be permitted on the roads, streets, avenues and roadways of the Township under the following conditions:
a. 
A basketball hoop/structure shall be permitted on a road, street, avenue and roadway only if immediately adjacent to the real property owned, rented or leased by the owner of the basketball hoop/structure.
b. 
A basketball hoop/structure shall not be permitted on any road, street, avenue and roadway between the period from dusk to 9:00 a.m.
c. 
At least one (1) side or point of the base of said hoop/structure must be in contact with the curbline.
d. 
When not in use, a basketball hoop/structure must be removed from the road, street, avenue or roadway and placed on private property (private property does not include the sidewalk area or any pedestrian walkways).
e. 
When roads are snow covered, basketball hoops/structures are not permitted on any road, street, avenue or roadway at any time.
f. 
When a basketball hoop/structure is in use, any and all individuals participating in its use or otherwise playing ball on a road, street, avenue or roadway shall yield to vehicular traffic by immediately moving to the curbline upon sighting the approach of a vehicle.
[Ord. No. 177 § 1]
The owner or owners of the lands thereon are hereby directed to construct, reconstruct, pave, repave, curb, recurb, improve and repair, at his or her cost and expense, the sidewalks and curbs on both sides of each and every street in the Township.
[Ord. No. 177 § 2]
All sidewalks shall be constructed and laid at a width of five (5') feet; the center line of the sidewalk shall be midway between the lot line and curbline of the respective lots bordering on the aforesaid streets, and in accordance with the specifications prepared by the Township Engineer and on file in the office of the Township Clerk.
[Ord. No. 177 § 3]
All improvements herein contemplated shall conform to the grade established by the Township Engineer.
[Ord. No. 177 § 4]
All improvements contemplated shall be done under the supervision and direction of the Township Engineer. The Township Engineer is hereby authorized to appoint some suitable person as supervisor. All materials used for improvements shall be inspected by such supervisor.
[Ord. No. 177 § 5]
If any owner or owners shall neglect, after notice given to make such improvements, it shall be lawful for the Township Committee to cause such improvements to be made under the direction and supervision of the supervisor herein before mentioned, or to award a contract for the making of such improvement.
[Ord. No. 177 § 6; New]
Before proceeding to make any such improvement or award any contract for the making thereof, notice shall be given to the owner or owners of the lands, which notice shall contain a description of the property and of the improvements required to be made, and that unless the improvement be completed within thirty (30) days after the service of the notice it is the intention of the Township Committee to make or cause the same to be made. Such cost of the improvement shall be a municipal lien against the real property upon which such cost was incurred.
[Ord. No. 177 § 7]
Nothing herein shall be construed to affect any sidewalk or curb now in good repair and constructed at the grade and slope established by the Township Committee.