[Ord. #298, 1972 Code § 29-1]
There is hereby created the office of Superintendent of Public
Works in the Borough of Brielle.
[Ord. #298; 1972 Code § 29-2]
The person appointed to the office of Superintendent of Public
Works in the Borough shall lay out daily the work of the Road Department,
the Water Department and the Building and Grounds Department and the
work of each employee thereof; he shall supervise all the work of
the Departments and see that the work is properly performed; he shall
make out requisitions for all materials for the Departments, which
requisitions shall be submitted for approval before any purchase is
made. He shall receive and adjust complaints of these Departments.
In addition to the duties herein set forth, he shall perform such
other duties as may be assigned to him from time to time by the Governing
Body and shall be subject to all rules and regulations of the Governing
Body now or hereafter adopted.
[Ord. #298; 1972 Code § 29-3]
The office of Superintendent of Public Works herein created
shall be on a part-time basis, and the annual salary shall be in such
sum as from time to time may be fixed by the Governing Body.
[Ord. #637; 1972 Code § 29-5]
There is hereby created the position of Assistant Superintendent
of Public Works in the Borough.
[Ord. #637; 1972 Code § 29-6]
The duties of the person appointed to the office of Assistant
Superintendent of Public Works shall be the same as the Superintendent
of Public Works as prescribed in subsection 16- 1.2 of this section,
in his absence, and also to assist the Superintendent in performing
these duties.
[Ord. #637; 1972 Code § 29-7]
The position of Assistant Superintendent of Public Works herein
created shall be on a part-time basis and the annual salary shall
be in such sum, as from time to time may be fixed by the Governing
Body.
[Ord. #963]
The Superintendent of Public Works shall have the power and
authority to fix the time and date for the collection of brush and
leaves on the streets of the Borough of Brielle.
[Ord. #29; 1972 Code § 50-1]
It shall be unlawful for any person, persons or corporation
to dig or excavate any street or avenue or any part thereof within
the corporate limits of the Borough for the purpose of laying or connecting
new pipe or conduit with any water, gas, sewer, electric or other
main, or for any other purpose whatsoever, without first obtaining
a permit from the Borough Clerk for that purpose; provided, however,
any person maintaining pipes, lines or other underground facilities
in or under the surface of any street may proceed with an opening
without a permit when emergency circumstances demand the work to be
done immediately, provided permit could not reasonably and practically
have been obtained beforehand. The person shall thereafter apply for
a permit on the first regular business day on which the office of
the Borough Clerk is open for business. The permit shall be retroactive
to the date when the work was begun.
[Ord. #29; 1972 Code § 50-2; New; Ord. #867]
a.
Any person, persons or corporation applying for such permit shall
deposit with the Borough Clerk the sum of $1,000 for any excavation
to be opened. This deposit shall serve as a guarantee that the street
or area will be replaced in as good condition as found.
1.
In lieu of the deposit above specified, the Governing Body may, at
its option accept in lieu thereof, a permanent cash bond in amount,
form and substance satisfactory to the Borough Engineer (or Superintendent
of the Water-Sewer Utility Department).
2.
Upon completion of the backfill and compaction, the owner or his
agent shall notify the Department of Public Works which shall inspect
the work. If the work shall be found satisfactory and in accordance
with the specifications herein, the inspector shall, in writing, authorize
the Clerk to return to the owner or his agent the sum of $800. If
the inspector shall determine that the work has not been done pursuant
to the specifications herein, he may require the work to be redone
or may, at the expense of the owner, cause the Department of Public
Works to perform the work at the cost and expense of the owner. The
deposit hereinbefore mentioned shall be applied to defray the costs
and expense of the Borough of Brielle.
3.
The applicant shall agree:
(a)
To save the Borough, its officers, employees and agents harmless
from any and all costs, damages and liabilities which may accrue or
be claimed to accrue by reason of any work performed under the permit.
The acceptance of any permit under this section shall constitute such
an agreement by the applicant, whether the same is expressed or not.
(b)
To pay a fee of $15 a square yard to cover estimated cost of
maintenance for one year following completion of work.
(c)
To guard each such excavation and/or opening in accordance with
considerations for safety and traffic flow, and to make the same appropriately
and not to allow any excavation in any Borough street to remain open
for more than 24 hours.
(e)
To restore opening within one week of completion of work.
[Ord. #29; 1972 Code § 50-3]
a.
The permittee shall be required to comply with all Federal, State,
County and Municipal regulations, laws and ordinances in regard to
the work, the protection of property and welfare and safety of the
passing public and his employees.
b.
It shall be the permittee's responsibility to abide by the Construction
Safety Code of the Department of Labor and Industry, Bureau of Engineering
and Safety, of the State of New Jersey, dated November 15, 1963, and
its amendments.
c.
Except in cases of emergency, the ordinary working day shall be between
the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday, inclusive.
d.
Prior to any excavation, the permittee shall cut all pavement to
a neat line six inches back from each edge of the proposed trench
using pneumatic hammers or mechanical cutters.
e.
The permittee shall be responsible for the location and protection
of all underground utilities within the limits of the work area.
f.
Care shall be taken so as to protect the existing sections of pavement,
curbing, sidewalks, underground pipes and structures of any kind.
g.
The excavation shall be supported and placed in accordance with good
engineering design and practice.
h.
Excavation materials which will, in the opinion of the Engineer,
cause a hazard to the traveling public or to private property, shall
be removed from the site.
i.
Excavations which are hazardous to the traveling public shall be
properly barricaded and lighted. Lighting shall be functioning from
1/2 hour before sunset until 1/2 hour after sunrise.
j.
The site of the work shall at all times be barricaded and lighted
with the prescribed safeguards so as not to be a hazard to the traveling
public or persons in the vicinity of the work. The permittee shall
at all times be responsible for providing the necessary prescribed
safeguards.
k.
Detailed excavation and backfill procedures for any openings wider
than four feet shall be submitted to the Engineer for his approval
prior to the initiation of any excavation work.
l.
When excavations are carried below groundwater level, the permittee
shall submit to the Engineer details of the method he proposes to
use for de-watering the excavation before commencing work.
m.
Backfill material in the roadway area shall consist of bankrun sand
or other material approved by the Engineer.
n.
Backfill material shall be compacted in six inch layers by approved
vibratory compactors or flat-faced mechanical tampers to at least
95% density.
o.
The backfill material shall be brought to 12 inches from the finished
surface in roadway areas. In the roadway areas, four inches of quarry
process stone shall be placed and compacted, on top of which eight
inches of bituminous stabilized base shall be placed and compacted
so as to provide a smooth surface. A thick tack coat shall be applied
to the sides of the existing pavement.
p.
After settlement has occurred, a skin of bituminous concrete shall
be placed over the bituminous stabilized base. The patch shall extend
six inches beyond the existing pavement on each side. The edges shall
be kept straight and a thin tack coat shall be applied between the
existing pavement and the bituminous concrete.
q.
Flagmen shall be provided when they are necessary in the opinion
of the Engineer.
r.
It shall be the permittee's responsibility to maintain accessibility
to utility valve boxes and manholes and not to impede the runoff of
any surface water.
s.
The permittee shall not close or obstruct any portion of a street
without first obtaining permission to do so from the Municipal Engineer.
He shall not deprive any building, dwelling or property of safe and
proper access, except with the consent of the owner or occupant and
after due notice to the Engineer.
t.
In cases of necessity due to unusual or unforeseen conditions, the
Engineer is permitted to deviate from these rules.
u.
In cases where the safety of the traveling public is involved, or
emergencies involving utilities or structures of any type, the Engineer
may, at his discretion, order the necessary work done to alleviate
the hazard without waiting for the permittee to arrive at the site.
The cost incurred in instituting these emergency measures shall be
chargeable to the permittee.
v.
In all instances where the Municipal Engineer is required to perform
the necessary work, the permittee by the acceptance of a permit agrees
to save harmless the Municipal Engineer and the municipality, its
servants and agents, from any and all liability in connection with
the work performed.
[Ord. #29; 1972 Code § 50-4]
Each applicant, prior to receipt of a permit, shall provide
the borough with an acceptable certificate of insurance indicating
that he is insured against claims for damages for personal injury,
as well as against claims for property damage which may arise from
or out of the performance of the work, whether such performance be
by himself, his subcontractor or anyone directly or indirectly employed
by him. Such insurance shall cover collapse, explosive hazards and
underground work by equipment on the street, and shall include protection
against liability arising from completed operations. The amount of
the insurance shall be prescribed by the Engineer in accordance with
the nature of the risk involved; provided, however, that the liability
insurance for bodily injury in effect shall not be in an amount less
than $100,000 for each person and $300,000 for each accident; and
for property damages an amount not less than $50,000 with an aggregate
of $100,000 for all accidents. Public utilities and authorities may
be relieved of the obligation of submitting such certificates if they
are insured in accordance with the requirements of this section and
furnish evidence thereof to the Engineer.
[Ord. #29; 1972 Code § 50-5]
a.
Notices of Improvements. When the Borough shall improve or pave any
street, the Borough Clerk shall first give notice to all persons owning
property abutting on the street about to be paved or improved, and
to all public utilities and authorities operating in the Borough,
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 30 days from the giving of such notice. The time
shall be extended if permission is requested in writing and approved
by the Borough Engineer.
b.
Restrictions Upon Opening New Streets. No permit shall be issued
by the Engineer to any person given notice under paragraph b hereof
which would allow an excavation or opening in a paved and improved
street surface less than five years old unless the applicant can clearly
demonstrate that public health or safety require that the proposed
work be permitted, or unless an emergency condition exists.
c.
Penalty for Opening New Streets. If, by special action of the Engineer,
a permit is issued to open any paved and improved street surface less
than five years old, a penalty charge shall be made for the opening,
except that the penalty shall be waived in the event the work is of
an emergency nature. The penalty charge shall be on a sliding scale
and shall be equal to 2% of the cost of restoring the opening for
each unelapsed month, or fraction thereof, of the five year restricted
period.
[Ord. #29; 1972 Code § 50-6]
a.
A public utility having undergound mains, conduits or conductors
shall furnish to the Borough Engineer, if he so requests, detailed
information as to the location, size and type of its facilities at
any specified location.
b.
Notices to property owners and tenants. If the work to be undertaken
by the permittee is such that it will affect the use of properties
abutting or adjoining the project or subsurface installations in the
vicinity of the proposed opening, the Engineer shall require the permittee
to submit evidence in affidavit form that the permittee has served
the owners and/or tenants of such properties and subsurface installations
personally or by certified mail, return receipt requested.
[Ord. #29; 1972 Code § 50-7; New]
Any person who violates any provisions of this section shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. In addition,
that person shall be responsible for reimbursement for any cost of
repair necessary to replace the surface to its previous condition.
Each day that a violation is permitted to exist after notice in writing
shall have been served by the Engineer shall constitute a separate
offense.
[Ord. #721, Preamble; Ord. #999]
The growing problem of solid waste disposal and the conservation
of the recyclable materials is an important public concern. The separation
of certain recyclable materials will serve the public interest by
reducing solid waste and conserving our material resources. The promotion
of that public interest is best served by establishing rules and regulations
for the separation, recovery, collection, storing and marketing of
the recyclable material.
[Ord. #721, § 1; New; Ord. #833;Ord. #999]
a.
On and after January 1, 1987, it shall be mandatory for all persons,
lessees and occupants of residential property, business and industrial
property, private, public and government institutions and buildings
to separate newspapers, glass bottles and jars, aluminum cans, and
leaves from all other solid waste produced by such residences and
nonresidential establishments for collection and the ultimate recycling
of the materials.
b.
On and after July 1, 1987, it shall be mandatory for all owners,
lessees and occupants of business and industrial property and of private,
public and governmental institutions and buildings to also separate
corrugated cardboard and high-grade paper from all other solid waste
produced by the nonresidential establishments for collection and the
ultimate recycling of the material.
c.
On and after January 1, 1987, it shall be unlawful to dispose of
used motor oil in any manner other than through an authorized "used
oil collection site" as per this section. On and after the adoption
of the section, and in accordance with existing State regulations
(N.J.A.C. 14A:3-11), all service stations, oil retainers and motor
vehicle reinspection stations with "used oil holding tanks" shall
accept up to five gallons at a time of used motor oil from individuals
changing oil from cars, lawn mowers, motorcycles and other motorized
vehicles and machinery, and shall post a sign informing the public
that they are a "Used Oil Collection Site".
d.
On and after April 1, 1988, it shall be mandatory for all owners,
lessees and occupants of residential, business and industrial property
and of private, public, and governmental institutions and buildings
to also separate tin and bi-metal cans from other solid waste for
the collection and recycling of said materials.
e.
On and after October 1, 1988, it shall be unlawful for anyone to
dispose of asphalt, concrete or wood waste, which includes stumps,
land clearing debris, pallets and waste lumber from construction or
demolition projects.
f.
On and after January 1, 1987, it shall be mandatory for all nonresidential
establishments not served by the municipal recycling program to provide
a record to the municipality of the types and quantities of materials
recycled. Weight receipts and/or letters on official company stationery
should clearly describe the quantity and disposition of each material
and shall be submitted quarterly. All nonresidential establishments
shall further provide the Borough with the name and address of both
the solid waste hauler and recycling hauler utilized where other than
that provided by the Borough, and shall further provide information
to the Borough of any change of either hauler within 30 days of such
change. All submissions required to be made to the Borough pursuant
to this section shall be made by the fifteenth day of each month following
the end of the calendar quarter.
g.
On and after September 1st, 1993 it shall be mandatory for all residential
and nonresidential establishments to recycle plastic beverage and
laundry containers that comply with the recycling code #1 PET and
#2 HDPE (see definitions), corrugated cardboard and mixed paper, including
shredded paper.
h.
Upon the adoption of these paragraphs g and h, all residential and
nonresidential establishments shall comply with the provisions of
the Monmouth County District Solid Waste Management Plan as amended
in September 1993 and as further amended in February 2009. All residential
and nonresidential establishments shall be required to adhere to the
implementation schedule as promulgated by the County of Monmouth,
to wit:
1.
The following items must be separated from the trash by all waste
generators for the purpose of recycling:
2.
The following requirements of the Monmouth County District Solid
Waste Management Plan shall take effect upon adoption of these paragraphs
g and h.
(a)
Residents, businesses and institutions within the municipality
may only use properly permitted haulers and facilities.
(b)
Businesses, institutions and multi-family housing complexes
not served by municipal recycling collection programs shall provide
the Municipal Recycling Coordinator with the name and address of the
company providing solid waste and recycling collection services.
(c)
Businesses or institutions hauling their own recyclables shall
provide the municipality with quarterly reports on the quantity and
destination of recyclables.
(d)
The municipality shall issue construction and demolition permits
only after the applicant has identified disposal and recycling arrangements.
The applicant shall provide appropriate records documenting the quantity
and disposition of all materials.
[Ord. #721, § II; New; Ord. #833; Ord. #999]
As used in this section:
Shall mean all aluminum containers used for soda, beer or
other beverages.
Shall mean automotive and wet cell/household and dry cell
batteries.
Examples of ferrous scrap include scrap iron and steel recovered
from old automobiles, farm equipment, household appliances, structural
steel, and anything else that was made from iron and steel.
Examples of non-ferrous scrap include aluminum, copper, zinc,
lead, and nickel and is also characterized as either obsolete or industrial.
Shall mean cardboard of the type used to make cardboard boxes,
cartons, pasteboard and similar corrugated and kraft paper material.
Shall mean and include asphalt, concrete, tree stumps, land
clearing debris, pallets, and waste lumber.
Shall mean computers, computer monitors, analog and digital
televisions.
Shall mean all products made from silica or sand, soda ash
and limestone; the product being transparent or translucent and being
used for packaging or bottling of various matters excluding however,
blue or flat glass commonly known as window glass.
Shall mean white and/or off-white stationery, photocopy and
computer paper.
Shall mean and include all foliage from trees and shrubs.
Shall mean all high grade bond paper, mixed office and school
papers, scrap paper, including but not limited to computer printouts,
magazines, gift wrapping paper, soft cover books and junk mail and
chipboard. (Excluded are carbon paper, kraft paper and newsprint.)
Shall mean and include paper of the type commonly referred
to as newsprint. Expressly excluded, however, are all magazines or
other periodicals as well as all other paper products of any nature
whatsoever, except when such items are included in the newspaper.
Shall mean common plastic resin types as found in the household,
but limited to #1 plastic PET (polyethylene terephthalate) and #2
HDPE (high density in polyethylene) in the form of bottles and containers
used to purvey beverage and laundry products.
Shall mean and include all garbage and rubbish normally produced
by the occupants of commercial, industrial and a residential property
and disposed of by private or public pickup.
Shall mean and include all disposable cans made of tin, steel
or a combination of metals including, but not limited to, containers
commonly used for the storage of food products. The term "tin and
bi-metal cans" shall exclude paint and oil cans, aerosol cans and
any cans which contain toxic materials.
[Ord. #721, § III; New; Ord. #999]
a.
The position of Recycling Coordinator is hereby created and established
within the Borough.
b.
The Recycling Coordinator shall be appointed by the Governing Body
for a term of one year expiring December 31st of each year. The term
of the person first appointed as Recycling Coordinator shall expire
December 31st of the year of that person's appointment.
c.
The Recycling Coordinator, in conjunction with the Brielle Recycling Coalition and subject to the approval of the Governing Body, shall establish and promulgate reasonable rules and regulations as to the manner, days and times for the collection, sorting, transportation, sale and/or marketing of the recyclable material in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the Borough. Violation of the rules and regulations promulgated by the Recycling Coordinator shall subject the offender to the fines and penalties as set forth in subsection 16-3.10.
d.
The Recycling Coordinator shall be required to comply with the Certification
Requirements of the State of New Jersey. The Recycling Coordinator
shall have completed or be in the process of meeting the requirements
for certification as a "Certified Recycling Professional" (CRP) no
later than January 13, 2010.
[Ord. #721, § IV; New; Ord. #999]
The Governing Body may use municipal personnel to collect recyclable
material set forth herein at curbside and/or from a drop-off center
and shall sell the recyclable material if a market exists therefor
pursuant to N.J.S.A. 40A:11-1 et seq.
The Governing Body may elect to enter into agreements with qualified
persons or corporations authorizing them to collect the recyclable
material at curbside or from a drop-off center and to sell the recyclable
material.
[Ord. #721, § V; New; Ord. #999]
Recyclable material as defined herein shall be the property
of the Borough once placed on the curbside or brought to a drop-off
center.
It shall be a violation of this section for any person unauthorized
by the Governing Body to pick up or cause to be picked up, the recyclable
material as defined herein. Each such collection in violation hereof,
shall constitute a separate and distinct offense punishable as hereinafter
provided.
[Ord. #721, § VI; New; Ord. #999]
a.
Notwithstanding anything herein to the contrary, any person, partnership
or corporation who is owner, lessee or occupant of a residential or
nonresidential real property, may donate or sell the recyclable material
as defined herein, to any person, partnership or corporation whether
or not operating for profit. The person, partnership or corporation,
however, shall not pick up the recyclable materials at curbside or
at a drop-off center.
b.
The Municipal Drop-Off Center shall accept recyclable materials from
residents and small businesses.
[Ord. #721, § VII; New; Ord. #999]
a.
Those materials required to be recycled in the Borough pursuant to
this section shall be placed for collection in such manner and at
such times as provided for in the rules and regulations promulgated
by the Recycling Coordinator. Materials shall be placed in clearly
marked containers. Containers shall not exceed 30 pounds in weight
nor 30 gallons in capacity.
c.
Effective January 1st, 2010 the Borough shall commence curbside collection
of both mixed paper and cardboard, in addition to newspaper and commingled
recyclables currently collected curbside.
[Ord. #721, § VIII; New; Ord. #999]
The enforcement of the provisions of this section shall be the
responsibility of the Monmouth County Board of Health, the Recycling
Coordinator, the Code Enforcement Officer and the Police Department.
The responsibility of monitoring the program for the adequacy of the
collection shall fall to the Superintendent of Public Works/Recycling
Coalition or his designees and it shall be incumbent upon them to
direct the Code Enforcement Officer to suspected areas of noncompliance.
[Ord. #721, § IX; New; Ord. #999]
Violation of separating or disposal requirements or the rules
and regulations will result in a $50 fine for a first offense. Subsequent
violations will result in a fine not to exceed $200 and/or performance
of community service in the recycling program, for a period not to
exceed 90 days.
Unauthorized collectors or prohibited collections of recyclable material are subject to a fine of $500 for each offense. Failure to provide reports to the municipality pursuant to subsection 16-3.2f will result in a fine of $100 for each offense.
Each day such violation or neglect is committed or permitted
to continue shall constitute a separate offense and be punishable
as such.
[Ord. #999]
The Brielle Planning Board shall be required to amend the Recycling
Element of the Brielle Master Plan to ensure compliance with the provisions
of the Monmouth County District Solid Waste Management as promulgated
on February 26th, 2009.
[Ord. #796, § 1]
The purpose of this section is to prohibit encroachments and
obstructions upon any street in the Borough to prevent dangers to
persons and property, prevent delays, avoid interference with the
traffic flow, and for the health, safety and welfare of the citizens
of the Borough.
[Ord. #796, § 2]
Whenever in this Chapter the following terms are used, they
shall have the meanings respectively ascribed to them in this section.
Shall mean a public way within a block, generally giving
access to the rear of lots or buildings, and not used for general
traffic circulation.
Shall mean Police vehicles, vehicles of the Fire Department,
ambulances, vehicles carrying a State, County or municipal officer
employee in response to an emergency call, and emergency vehicles
of public service corporations on an emergency call.
Shall mean any tower, pole, poleline, pipe, pipeline, fence,
billboard, basketball hoop, guy line, stand or building, or any other
such object or structure which is placed in, upon, under or over any
portion of any public street, public highway, or other public property.
Shall mean that portion of a street other than a roadway
or a sidewalk.
Shall mean the privilege of the immediate use of the roadway.
Shall mean any portion of a street between the curbline and
the adjacent property line, intended for the use of pedestrians, excluding
parkways.
Shall include an avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, sidewalk, and crosswalk, parkway and
every class of road, square, place or municipal parking field used
by the general public. Street shall be considered to include a sidewalk
or footpath, unless the contrary is expressed or unless such construction
is inconsistent with the apparent intent.
[Ord. #796, § 3]
It shall be unlawful for any person, firm or corporation to
cause, create or maintain any obstruction or encroachment structure
in, upon, under or over any parkway, street, alley, sidewalk or other
public way, except as may be specified by ordinance.
[Ord. #796, § 4]
a.
Any person desiring to erect, construct or maintain an encroachment
structure upon public property must first obtain an encroachment permit
therefor. An encroachment permit may be obtained by filing a written
application with the Zoning Officer on a form supplied through his
office. The application shall be accompanied by a legal description
and the name and address of the owner of the adjacent real property
benefited by the encroachment, a one sheet plot plan illustrating
the proposed structure and a written justification as to the need
for the encroachment.
b.
Each applicant for an encroachment permit shall, at the time of filing
the application, pay a nonrefundable application fee of $50.
c.
If the Zoning Officer finds that a proposed encroachment will not
be detrimental to the health, safety or welfare of the community or
the surrounding property and when completed will not interfere with
access to any public place, he shall refer the application to the
Governing Body for action. If the proposed encroachment does not meet
each of the requirements set out in the preceding sentence, the Zoning
Officer shall deny the permit, giving his reasons in writing.
d.
If at any time it is determined by the Zoning Officer that the encroachment
structure has become detrimental to the health, safety or welfare
of the community or the surrounding property, interferes with access
to any public place, or if a public works project or development requires
removal of the encroachment, the encroachment permit granted hereunder
shall be revoked by the Borough Clerk without notice.
e.
No encroachment permitted under this section is intended to grant
any permanent right or title to a street or to any part of any street.
[Ord. #796, § 5]
Any violation of this section is hereby declared to be a nuisance.
In addition to any other relief provided by this section, the Borough
may apply to a court of competent jurisdiction for an injunction to
prohibit the continuation of any violation of this section. Such application
for relief may include seeking a temporary restraining order, temporary
injunction and permanent injunction.
[Ord. #796, § 7]
[Ord. #805, § 1]
Any person, who is desirous of applying to the Borough of Brielle,
for the vacation of any street, highway, right-of-way or other public
place, heretofore, dedicated to the Borough, shall be required to
complete a street vacation application, on a form to be promulgated
by the Borough Clerk, and shall file same with the Borough Clerk,
together with a nonrefundable fee in the amount of $1,000 which shall
be payable to the Borough of Brielle. The street vacation application
shall call for the following information:
a.
The name, address, and telephone number of the person applying for
such vacation.
b.
If such person is represented by an attorney, the name, address,
and telephone number of such attorney, and/or the name, address, and
telephone number of any other person to be contacted on behalf of
the applicant.
c.
The name, and a general description of the street, highway, right-of-way
or other public place to be vacated.
d.
If the applicant is a corporation, partnership or other entity, the
name and address of each person holding an interest of 10% or more
on the ownership of such corporation, partnership or other entity.
e.
A list of the lot and block numbers of all property adjoining the
area to be vacated, together with a list of the names and addresses
of the assessed owners of such adjoining properties.
f.
A narrative description of the current use of the area to be vacated.
g.
A narrative description of the applicant's intended use of the area
to be vacated.
h.
A description of any improvement on the area to be vacated including
but not limited to paving, gravel, utilities, or structures.
i.
The applicant shall furnish with the application a reproduction of
the tax map, showing the area surrounding the area to be vacated,
as well as all intersecting roads, adjoining parcels, the current
zoning of all properties adjoining the area to be vacated, and where
application has been made for the vacation of any street, highway
or other right-of-way, the reproduction shall show the entire length
of such street, highway or right- of-way.
j.
The applicant shall furnish with the application, executed forms
to be furnished by the Borough Clerk, which shall indicate the consent
(or lack thereof) of the owners of each property adjoining the area
to be vacated to the proposed vacation.
k.
The application shall be executed by the applicant or the applicant's
representative, indicating that the information set forth or attached
to the application is true and accurate.
[Ord. #805, § 2]
Upon receipt of a completed application, together with the required
fee, the Borough Clerk shall forward a copy of same to the office
of the Superintendent of Public Works, the Borough Engineer, the Planning
Board, the Police Department, the First Aid Squad and the Fire Department
for review and recommendation. The aforementioned agencies/departments
shall complete their review within 35 days after receipt of the application,
and shall forward their written recommendation, together with a copy
of such report to the Borough Clerk. The Borough Clerk shall thereafter
disseminate the reports to the Borough Council for its determination.
If any agency/department does not respond before the time limitations
referenced in this subsection, the Borough Council may act without
such report. Further, the Borough Council is under no obligation to
follow any recommendation provided to it under this subsection.
[Ord. #805, § 3]
Upon receipt of the recommendations and reports, as referenced in subsection 16-5.2 above, the Borough Council shall notify the applicant, in writing, of its determination on the application.
[Ord. #805, § 4]
Where the applicant has been notified that the Borough Council
has determined to act favorably on the application, the applicant
shall forthwith provide the Borough Clerk with a metes and bounds
description of the area to be vacated, prepared and sealed by a surveyor,
together with such other information as may be requested by the Borough
Council in its notification to the applicant. Such additional information
may include providing a title search of the property to be vacated.
In addition, the applicant shall forward the following additional
fees to the Borough Clerk which shall be payable to the Borough of
Brielle:
a.
The sum of $160 toward the preparation of the ordinance to be enacted
by the Borough Council in connection with the proposed vacation.
b.
A sum equal to the costs of advertising the ordinance to be enacted
by the Borough Council. The Borough Clerk shall prepare such estimate
and make the same available to the applicant.
c.
A sum equal to the estimated recording costs of the ordinance to
be enacted by the Borough Council. The Borough Clerk shall prepare
such estimate and make the same available to the applicant.
d.
Where the Borough Council has advised the applicant that action upon
the application is contingent upon the reservation of an easement
or a development restriction, an additional sum of $275 shall be payable
by the applicant to the Borough toward the cost of the preparation
of such easement and/or deed providing for restricted development.
[Ord. #805, § 5]
Upon the adoption of an ordinance vacating the area which is
the subject of such application the Borough Clerk shall forward a
copy of such ordinance to the Tax Assessor.
[Ord. #960]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Borough of Brielle or other public body, and is
designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
[Ord. #960]
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operate by the Borough
of Brielle is prohibited. The spilling, dumping, or disposal of materials
other than stormwater in such a manner as to cause the discharge of
pollutants to the municipal separate storm sewer system is also prohibited.
[Ord. #960]
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated groundwater (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwaters)
c.
Air conditioning condensate (excluding contact and non- contact cooling
water)
d.
Irrigation water (including landscape and lawn watering runoff)
e.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows
f.
Residential car washing water, and residential swimming pool discharges.
g.
Sidewalk, driveway and street wash water.
h.
Flows from firefighting activities.
i.
Flows from rinsing of the following equipment with clean water:
1.
Beach maintenance equipment immediately following their use for their
intended purposes; and
2.
Equipment use in the application of salt and deicing materials immediately
following salt and deicing material applications. Prior to rinsing
with clean water, all residual salt and de-icing materials must be
removed from equipment and vehicles to the maximum extent practicable
using dry cleaning methods (e.g., shoveling and sweeping). Recovered
materials are to be returned to storage for reuse or properly discarded.
Rinsing of equipment, as noted in the above situation is limited
to exterior, undercarriage, and exposed parts and does not apply to
engines or other enclosed machinery.
[Ord. #960]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean the placement of yard waste in a trash can, bucket,
bag or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing State, County,
or municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
Shall mean leaves and brush.
[Ord. #960; amended 5-9-2022 by Ord. No. 1117]
a.
Sweeping, raking, blowing or otherwise placing yard waste commonly
designated as "brush" at the curb or along the street is only allowed
during the seven days prior to a scheduled and announced collection,
and shall not be placed closer than 10 feet from any storm drain inlet.
Yard Waste designated as brush shall be kept separate from any other
waste material such as leaves and may only be placed at the curb or
along the street at the time(s) designated. Placement at any other
time is a violation of this section and is subject to fine. If such
placement of yard waste occurs, the party responsible for placement
of yard waste must remove the yard waste from the street or said party
shall be deemed in violation of this section. Yard waste shall be
placed in piles no larger than four feet by six feet.
b.
Sweeping, raking, blowing, or otherwise placing yard waste commonly
designated as "leaves" at the curb or along the street is only allowed
during the seven days prior to a scheduled and announced collection,
and shall not be placed closer than 10 feet from any storm drain inlet.
Yard Waste designated as leaves shall be kept separate from any other
waste material such as brush and may only be placed at the curb or
along the street at the time(s) designated. Placement at any other
time is a violation of this section and is subject to fine. If such
placement of yard waste occurs, the party responsible for placement
of yard waste must remove the yard waste from the street or said party
shall be deemed to be in violation of this section. Leaves shall be
placed in piles that are tight to the curb and do not impede the flow
of traffic.
c.
Grass Clippings cannot be collected. Lawns should be cut and left
and shall not be blown to the curb or into the street.
d.
Bamboo shall not be collected. Residents must dispose of it at their
cost. Bamboo cannot be left at the curb at any time.
e.
The Borough shall promulgate a schedule for the collection of brush
and the collection of leaves at the annual organization meeting or
as soon thereafter as this section takes effect in accordance with
law.
[Ord. #960]
The provisions of this section shall be enforced by the Brielle
Police Department and the Code Enforcement Officer.
[Ord. #960]
Any person(s) who is found to be in violation of this section
shall be subject to a fine not to exceed $50 for the first offense.
Subsequent violations shall result in a fine not to exceed $200 and/or
performance of community service in the Department of Public Works
for a period not to exceed 90 days.
[Ord. #960]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
Shall mean waste and wastewater from humans or household
operations.
Shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the Borough of Brielle, unless that
discharge is authorized under a NJPDES permit other than the Tier
A Municipal Stormwater General Permit (NJPDES Permit Number NJO14
1852). Non-physical connections may include, but are not limited to,
leaks, flows, or overflows into the municipal separate storm sewer
system.
Shall mean nondomestic waste, including, but not limited
to, those pollutants regulated under Section 307(a), (b), or (c) of
the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or
(c)).
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Borough of Brielle or other public body, and is
designed and used for collecting and conveying stormwater.
Shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
Shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Non-contact cooling water may however contain algaecides, or biocides
to control fouling of equipment such as heat exchangers, and/or corrosion
inhibitors.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, byproduct,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
[Ord. #960]
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Borough of Brielle any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
[Ord. #960]
This section shall be enforced by the Police Department and/or
the Code Enforcement Officer.
[Ord. #960]
Any person(s) who is found to be in violation of this section
shall be subject to a fine not to exceed $50 for the first offense.
Subsequent violations shall result in a fine not to exceed $200 and/or
performance of community service in the Department of Public Works
for a period not to exceed 90 days.
