[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:
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.
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.
[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]
[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.
