[Ord. No. 95-12 § 1]
Pursuant to N.J.S.A. 40:67-1, et seq., the Borough of Lakehurst is duly authorized to establish ordinances regulating and governing municipal streets.
[Ord. No. 95-12 § 2]
As used in this section:
STREET
shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is opened to the use of the public for purposes of vehicular travel including the shoulder and designated Right-of-Way.
[Ord. No. 95-12 § 3]
Any owner or occupant of real property within the Borough shall be prohibited from allowing any projection, structure, vehicle, appurtenance, trailer, or such other tangible object from being projected in, over or upon any street from the real property.
[Ord. No. 95-12 § 4; New]
Any owner or occupant of real property within the Borough who violates the provisions of this section shall be responsible for the removal of the projection in, over or upon any street at their sole expense. In addition, any owner or occupant of real property who is found to be in violation of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 02-05B; Ord. No. 03-06; New]
Permits for the opening of any Borough street for construction purposes, including, the installation of natural gas connections shall require a fee of one hundred ($100.00) dollars to be paid upon making an application for any such permit and a fee of two hundred fifty ($250.00) dollars for inspection.
[Ord. No. 03-06; New]
a. 
In addition to any fee established for a permit to open a Borough right-of-way by a contractor, the contractor shall furnish a performance surety bond in the amount of one hundred twenty (120%) percent in cash or certified check upon making application for any such permit, guaranteeing full and faithful completion of closing the Borough road, in lieu of completing the required improvements prior to the granting of final approval.
b. 
This bond shall remain in full force and effect until such time as all activity covered by the bond has been approved or accepted by resolution of the municipal Governing Body, based upon the approval of the Certified Public Works Department Head of the satisfactory repair to the road.
c. 
All interest earned on said bond shall be the property of the Borough.
[Ord. No. 03-06]
a. 
No Borough right-of-way shall be opened for a period of three (3) years after the resurfacing or other construction upon the Borough right-of-way.
b. 
For the purposes of this subsection, a waiver of this prohibition may be granted for the following reasons:
1. 
Emergency repair to water, sewer, or utility lines;
2. 
Utility projects mandated by law or regulatory act;
3. 
Projects authorized by the Borough of Lakehurst; or
4. 
The Governing Body is otherwise satisfied that just cause for the wavier exists.
[Ord. No. 03-06]
Any person violating any provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5, as amended.
[Ord. No. 03-11]
Pursuant to the New Jersey "Local Land and Buildings Law," N.J.S.A. 40A:12-1 et seq., and the New Jersey "Eminent Domain Act," N.J.S.A. 20:3-1 et seq., that authorize a municipality to acquire interests in real property by conveyance (including dedication) or by condemnation, respectively, for public purposes, the Borough herein creates a procedure through which to acquire such property.
[Ord. No. 03-11]
a. 
The Governing Body may authorize the Borough by resolution to acquire the necessary property interests, by conveyance (including dedication) or by condemnation, for the public purpose(s) established below:
1. 
Extension of streets and roads;
2. 
Reconstruction of streets and roads;
3. 
Curbing;
4. 
Sidewalks.
b. 
Such action shall include, at the Borough's expense obtaining title insurance naming the Borough as the insured party indicating marketable title, which shall be deemed sufficient, provided that said search is certified by a title insurance company authorized to do business in the State of New Jersey.
c. 
That the Borough Attorney and Borough Engineer are hereby authorized and directed to undertake all necessary actions in order to acquire the property interests on behalf of the Borough.
d. 
That all taxes and assessments applicable to the property are fully paid to the end of the tax quarter following that in which acceptance occurs; however, nothing in this section shall be construed as granting an abatement of such taxes or assessments.
e. 
That the Mayor is authorized to execute and the Borough Clerk to attest all necessary documents, which shall be in a form acceptable to the Borough Attorney in order to effectuate the intention of the within section.
f. 
That, following the authorization to acquire property, a copy of the resolution, along with the relevant legal descriptions and maps, shall be mailed to each of the affected property owners referenced, by regular mail and certified mail, return receipt requested.
g. 
When required by law, the acquisition of any real property, shall not be effective until such time as affected property owners have had the opportunity for comment.
h. 
All conveyances shall be recorded by the Borough Clerk in the office of the County Clerk within thirty (30) days after the effective date of the ordinance accepting the property.
i. 
If any section, sentence, or any other part of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder of the section and shall be confined to its effect to the section, sentence or other part of this section directly involved in the controversy in which such judgment shall have been rendered.