[Ord. No. 2018-12; amended 5-26-2020 by Ord. No. 2020-13]
For the purposes of this Chapter, the following words or phrases
shall have the meanings respectively ascribed to them by this Section:
A traffic-calmed street where bicyclists are afforded an
enhanced level of safety and comfort.
A portion of roadway that has been designated for preferential
or exclusive use by bicyclists by pavement markings and, if used,
signs. It is intended for one-way travel, usually in the same direction
as the adjacent traffic lane, unless designed as a contra-flow lane.
Leaves, branches, logs, ashes, dirt, litter or other material,
including but not limited to bulky household waste, tires and construction
debris as defined in Section 10A-5 of the "Code of the Borough of
Princeton, New Jersey, 1974", and yard waste.
Any person, association of persons, firm or corporation,
responsible, in whole or in part, jointly or severally, for placing,
locating, installing or maintaining a newspaper vending machine in
a public right-of-way or public place in the municipality of Princeton.
The municipal engineer of the municipality of Princeton,
or other person designated by the Mayor and Council of the municipality
to act in that capacity.
Every way or place of whatever nature open to the use of
the public as a matter of right for purposes of travel, including
sidewalks, curbs and gutters.
Any machine, rack, self-service or coin-operated box, stand,
rack, container, storage unit or any other dispenser installed, utilized
and maintained for the purpose of offering for sale and distribution
newspapers, news periodicals, news magazines and any other similar
publications.
Any newspaper, periodical or magazine of general circulation
as defined by general law; any newspaper, periodical or magazine duly
entered with the Post Office Department of the United States, in accordance
with federal statute or regulation; and any newspaper periodical or
magazine filed and recorded with any recording officer as required
by general law.
A person who holds the legal title to the premises, or in
event the premises are the subject of an agreement of sale or lease,
whereby the control of the premises is vested in the vendee or lessee,
such vendee or lessee shall be deemed the owner for the purposes of
this Chapter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
The design standards as described in Section 19-1.3 hereafter.
As used in this Chapter, that portion of any street or highway
improved, designed or ordinarily used for vehicular traffic.
A lane of a roadway that is open to both bicycle and motor
vehicle travel.
A bikeway physically separated from motor vehicle traffic
by an open space or barrier and either within the highway right-of-way
or within an independent right-of-way. Shared use paths may also be
used by pedestrians, skaters, wheelchair users, joggers, and other
non-motorized users. Most shared use paths are designed for two-way
travel.
Any surface provided for the exclusive use of pedestrians,
including the area between the curb of any street and the property
line adjacent thereto, or, if there is no curb, the area between the
edge of the street and the property line adjacent thereto, and shall
include the public right-of-way along such street or sidewalk.
Any road, highway, public way, public alley, easement, sidewalk,
shared use path or other right-of-way accepted or maintained by the
municipality as a public street and dedicated to public use, as well
as any state or county road or highway over which the municipality
has acquired jurisdiction by agreement.
Every device in, upon or by which any person or property
is or may be transported upon a highway.
[Ord. No. 2018-12]
(a)
It shall be unlawful for any person to cause, place, maintain or
continue, or cause to be placed, maintained or continued, any debris
or obstruction of any kind upon any part of the public streets, sidewalks,
shared use paths, curbs and gutters, of the municipality for any length
of time whatsoever, unless as may be specifically permitted in accordance
with this Code or other municipal ordinance, or upon receipt of the
approval of the Mayor and Council. Such approval may be revoked at
any time by the Mayor and Council. A change of ownership of the subject
property will not require re-approval of the encroachment by the Mayor
and Council. Particular restrictions shall be placed upon awnings,
retaining walls, vaults, flower tubs, trash receptacles, exhaust vents
and air-conditioning vents as set forth below. Any outdoor displays
or advertisements in existence at the time of adoption of this ordinance
must comply with the standards set forth herein, regardless of any
prior approval which may have been given by the Mayor and Council
for same.
(1)
Awnings must meet all requirements of the Uniform Construction
Code. No sign, advertisement or object of any kind may be hung from
an awning. Applicants seeking approval for awning installation at
properties located in an Historic Preservation District must also
make application to the Historic Preservation Commission;
(2)
Applicants seeking approval for the installation of retaining
walls, vaults, flower tubs, air-conditioning units, exhaust units
and trash receptacles at properties located in an Historic Preservation
District must also make application to the Historic Preservation Commission.
A change of ownership of the property will not require reapproval
of the existing encroachment.
(b)
Exceptions. An approval from the Mayor and Council shall not be required
in the following circumstances:
(1)
Outdoor displays of books, flowers, plants, vegetables and newspapers
shall be permitted provided that the display shall not exceed a total
length of 30 feet along the principal frontage or facade of the area
occupied by the business, shall be placed within a distance of no
more than 36 inches from the building face at any point along the
building and that a minimum of five feet of an unobstructed sidewalk
area must be maintained;
(2)
Where such obstruction is temporary and caused by the loading
or unloading of goods, wares and merchandise to or from vehicles,
and when such obstruction exists for no longer space of time as necessary
and unavoidable for the purposes of transportation, a reasonable portion
of the right-of-way may be so occupied;
(3)
Receptacles for garbage, refuse and recycling from property
in the municipality when placed in accordance with the standards set
forth in Chapter 15 of the "Code of the Borough of Princeton, New
Jersey, 1974";
(4)
Trash receptacles installed by establishments open to the public
in accordance with this Code or other ordinance shall be permitted;
(5)
Temporary obstructions as may be placed or maintained by public
utility corporations, or their agents or employees, in the maintenance,
adjustment, repair or replacement of their service facilities pursuant
to state law and existing easement agreements; and
(6)
Placement of a temporary free-standing advertisement sign in
accordance with the appropriate provisions of this Code, including
but not limited to Section 17A-368 of the "Code of the Borough of
Princeton, New Jersey, 1974".
(c)
The following procedures shall apply in cases where any person has
violated subsections 19-1.2(a) or (b):
(1)
Issuance of summons and complaint (prior written notice not
required):
a.
In the event the debris creates a traffic or public safety hazard,
or violates the provisions of the "Stormwater Management Planning
Regulations," N.J.A.C. 7:8-1.1 et seq., the municipality may issue
a complaint and summons returnable in municipal court without any
prior notice to the violator; and
b.
In such cases the debris may be removed by or under the direction
of the municipal engineer, director of public works, or designee of
one or both, and the cost of same shall be charged to the violator.
(2)
Issuance of summons and complaint (prior written notice required):
a.
In the event of any violation of subsections 19-1.2(a) or (b)
other than one identified in subsection 19-1.2(c)(1)a above, the municipality
shall provide written notice to the violator that there is a violation
of subsection 19-1.2(a) or (b) as appropriate prior to issuing a complaint
and summons returnable in municipal court; and
b.
Only if the violator shall refuse or neglect to remove the debris
within seven days of the date of the written notice may the municipality
issue a complaint and summons returnable in municipal court, without
any required further notice to the violator; and
c.
In such cases the debris may be removed by or under the direction
of the municipal engineer, director of public works, or designee of
one or both, and the cost of same shall be charged to the violator.
(3)
For each violation of this Section, the violator shall be subject
to such fines and other penalties as provided in Section 1-6 of this
Code. Repeat offenders shall be subject to additional fines and other
penalties as provided in Section 1-6 of this Code.
[Ord. No. 2018-12]
(a)
The Princeton Engineering Department is authorized to use the current
editions of the AASHTO Design Guides, NACTO Design Guides, "NJDOT
Roadway Design Manual" and "State of New Jersey Complete Streets Design
Guide," and their included reference publications, for the design
of geometric improvements within the public right of way (collectively
referenced in this Section as the "Design Manuals"). As used in this
Section and Chapter, the phrase "Princeton Engineering Design Standards"
shall refer to the Design Manuals.
(b)
The Princeton Engineering Design Standards are hereby adopted by
reference and made a part of this Code. Said documents shall also
be maintained in the office of the engineer for review and/or copying
during the normal business hours of the municipality.
