Editor's Note: See definition of Street in Chapter 1, § 1-2; For Consumption of Alcoholic Beverages in Streets, see § 4-1; for Ball Playing in Streets, see § 4-2; for Bathing Attire Regulation in Streets, see § 4-3. Prior ordinances codified herein include portions of Ordinance Nos. 17-82, 86-13 and 92-15.
[Ord. #92-29, § 1; Ord. #02-30, § 1;
Ord. #06-18, § 1; Ord. #07-34, § 1; Ord. #11-10,
§ 1]
For the purposes of this section, the following terms, phrases,
words and their derivations shall have the meaning given herein:
Shall mean any person making written application to the City
of Ocean City for an excavation permit hereunder.
Shall mean any person, firm, partnership, association, corporation
or any organization of any kind performing work for the permittee.
Shall mean an unforeseen need to open a street surface for
the repair of any underground utility. Emergent situation shall be
made on an individual basis to the City Engineer or his/her designated
representative. An emergency shall not include the connection to any
underground utility such as water, sewer, electric or gas unless said
connection or hookup is necessitated as a result of a burst, break
or other serious condition to the underground utility or utility connection
so as to seriously endanger person or property.
Shall mean the excavation, opening, construction or any other
work performed under a permit and required to be performed under this
section.
Shall mean restoration of a utility opening beyond the standards
prescribed in this section, including complete replacement of the
asphalt surface and subsurface fill material.
Shall mean any installation or replacement of a utilities
main, as well as the repair or installation of four (4) or more laterals
within one (1) block within the same month.
Shall mean the Manual on Uniform Traffic Control Devices.
Shall mean any person who has been granted and has in full
force and effect a permit issued hereunder.
Shall mean any person, firm, partnership, association, corporation,
company, organization, or public utility of any kind.
Is applicable to street openings that are equal to or greater
than fifty (50') linear feet.
Shall have the same meanings as the definitions in § 25-107.
Shall mean any highway, avenue, street, alley or any other
public way or public ground in the City of Ocean City and under control
of the City of Ocean City.
[Ord. #92-29, § 2; Ord. #97-24, § 1; Ord. No. 03-03, § 1; Ord. #03-26,
§ 1; Ord. #06-18, § 1; Ord. #07-34, § 1]
a.
No person shall tear up, excavate, open, perform work of any other
nature on any street under the control of the City of Ocean City,
except in the case of emergency, without first having obtained and
being in possession of a valid permit to do such work issued by the
City Engineer or his/her designated representative. If an emergency
opening is made, a permit application shall be filed on the next business
day.
b.
In the case of streets controlled by County, State or any other agency,
permits must be obtained from the appropriate authority under whose
jurisdiction these streets fall.
c.
No permit shall be issued for an opening of any street or alley which has been paved, repaved, constructed or reconstructed within the City of Ocean City during the two (2) year period immediately prior to the application except for permits for emergency opening as defined in § 17-1. The moratorium period shall commence on the date of final acceptance of the street or alley which has been paved, repaved, constructed, or reconstructed.
1.
The City of Ocean City within at least twelve (12) months prior to
the anticipated start of construction of any street within the City,
shall notify by mail each owner of property abutting or fronting said
street of its intention to do said work. The City of Ocean City shall
also notify each utility company by mail of its intention to do work
at least twelve (12) months prior to the anticipated start of construction.
d.
Notwithstanding the provisions of this section, street openings may
be permitted for utility services prior to the conclusion of the two
(2) year period under the following conditions:
1.
Change of ownership of the subject property following notice of the
street paving. The change of ownership must be documented by the applicant
and proof of the ownership change through deed, or comparable evidence.
A change in zoning of the property will also be considered grounds
for allowing a street opening, in the event that the applicant provides
evidence that the change in zoning took effect following notice of
street paving and the utility service for development in the new zone
would not be adequately provided by the existing service line, certified
in writing by a water utility company representative.
2.
Provision of evidence that water service to the subject property
will be inadequate if it is provided by branching off of the existing
service line behind the curb. The applicant must present certification
in writing by a representative of the water utility company.
e.
No person shall place emergency no parking signs along the work site
without first obtaining written permission from the Director of the
Police Services. It shall be the responsibility of the person to submit
proof of permission to the City Engineer. It shall also be the responsibility
of the person to obtain and post signs as permitted by ordinance.
f.
Extraordinary restoration may be required for any street opening
at the sole discretion of the City Engineer, or his/her designated
representative.
[Ord. #92-29, § 3; Ord. #97-24, § 1;
Ord. #02-30, § 1; Ord. #06-18, § 1; Ord. #07-34,
§ 1]
a.
All applicants for excavation permits shall prepare and file with
the City Engineer or his/her designated representative an application
on forms provided by the City. The application shall include a drawing
describing the portion of the street to be excavated, indicating the
address, the size of the opening, its location referenced to adjacent
curb and nearest corner, the purpose for the opening (emergency or
routine), and the expected date for commencement and completion of
the excavation. The application shall include a traffic control plan
approved by the Director of Police Services.
1.
The City Engineer may require the submission of construction plans
or additional drawings for street opening, construction or restoration
to be submitted to the Department of Public Works, Office of Engineering
and Construction for review and approval prior to issuance of the
permit. This is required for all large projects.
2.
Alternatively, the City may require on-site inspection by the City
during accomplishment of the work. It shall be the responsibility
of the permittee to reimburse the City for any expense incurred due
to inspection by the City at a rate consistent with the current Fee
Ordinance. The fee shall be based on the actual number of hours of
inspection at a rate consistent with the current Fee Ordinance.
b.
Applicants must comply with the requirements of N.J.S.A. 2A: 170-69.4
and 2A: 170-69.6. The applicant shall contact all other utilities
to determine whether any property or facilities of the utilities are
located in the vicinity of the proposed excavation site, and if so,
the applicant shall comply with any statutes or regulations pertaining
thereto. The applicant must also request a mark-out for storm drainage
facilities from the City. The City shall perform the mark-out within
seventy-two (72) hours.
c.
All applications shall include the name, address and emergency phone
number of the contractor actually performing the work. If the utility
company intends to perform the work with in-house staff, this shall
be noted and the emergency phone number indicated on the application.
d.
When utility openings for main installations are made in street rights-of-way
but located behind the curb, the adjoining property owner shall be
notified. Documentation of notice shall accompany the application.
[Ord. #92-29, § 4; Ord. #02-30, § 1;
Ord. #06-18, § 1; Ord. #07-34, § 1]
a.
The application fee shall accompany the permit application. The fee
shall be calculated as outlined in the Fee Ordinance. If the fee is
not calculated accordingly, the application shall be returned to the
applicant. The completed application shall be returned to the City
Engineer or his/her designated representative for processing. At the
request of the permittee, the permit will be mailed or may be picked
up.
b.
When the permit is issued the permittee shall supply the Director
of Police Services and the City Engineer, the name, address, and telephone
number where a representative can be reached, day or night, in the
event of emergency associated with the excavation. In lieu of supplying
emergency numbers with each application, the utility may elect to
supply emergency numbers on January 1st of each year. Said emergency
numbers shall be valid for the ensuing year.
[Ord. #92-29, § 5; Ord. #97-24, § 1;
Ord. #02-30, § 1; Ord. #06-18, § 1; Ord. #07-34,
§ 1]
a.
Any permit issued pursuant to this section shall become null and
void unless work is commenced within twenty (20) working days of the
date indicated on the permit application for commencement of said
work, unless the permittee has sought and received, in writing, an
extension from the City Engineer or his/her designated representative.
b.
Temporary restoration shall be completed at the end of each work
day to ensure safe vehicular and pedestrian traffic access. In the
event a street or alley or portion thereof shall be inaccessible overnight,
the utility company shall notify the Police Department immediately.
Final restoration shall be completed within six (6) months from the
date the street opening work commences unless a written request is
forwarded to the City Engineer demonstrating reasonable circumstances
to extend the time for final restoration of the work.
c.
Notice of permit work, and/or final restoration shall be made by
telephone or fax to the Office of Engineering and Construction at
525-9261 or 525-0831 (fax) twenty-four (24) hours in advance of the
commencement of such work so that inspection of same may be scheduled,
except in the case of emergency work. Notice of emergency work shall
be made prior to opening the street or alley. Police dispatch must
be notified after regular business hours. The type of work to be performed
shall be specified in said notice.
d.
All traffic striping damaged during construction shall be restored
with temporary striping that same day. Final traffic striping and
symbol restoration shall be done the same day the final paving is
accomplished.
[Ord. #92-29, § 6; Ord. #97-24, § 1;
Ord. #02-30, § 1; Ord. #06-18, § 1]
a.
After any surface restoration, the appropriate letter, as set forth
below, must be painted on top of the opening by the appropriate utility
company. The letter shall be large enough (approximately four (4")
inches) to be seen from a vehicle. If the appropriate letter, is destroyed,
it shall be the utility company's responsibility to repaint it immediately
so it is visible from the roadway. The letter and color code shall
be the following:
b.
For all openings, the following standards shall govern the excavation
and backfilling of any street:
1.
Pavement Cutting - Pavement shall be saw cut or milled.
2.
Trench Excavation.
(a)
The paved roadway surfaces shall be cut vertically on a straight
line before excavating to avoid undermining of adjacent roadway. The
trench in which any utilities and/or appurtenances are to be constructed
shall be excavated in an open cut from the surface, and in such a
manner and in such a depth and width as will give suitable room for
bracing and supporting, pumping and draining at the contractor's discretion.
(b)
The maximum trench width at the top of the pipe shall be two
(2') feet plus the outside diameter of the pipe. The contractor may,
where it will not interfere with the work or adjacent structures of
property, slope the sides of the excavation beyond the width specified
above. The sides of the trench may only be sloped from a point starting
two (2') feet above the pipe;
(c)
The minimum trench width at the surface of any street or roadway
shall be two (2') feet, in order to facilitate compaction of the sub-base
and top course of asphalt and/or the finishing of concrete.
(d)
For any utility main installation in an alley, the permittee
shall be responsible for restoring the full width of the alley.
(e)
No trench shall be excavated more than fifty (50') linear feet
in advance of pipe laying. New trenching will not be permitted when
earlier trenches need backfilling or labor is needed to restore the
surfaces of the streets to a safe and proper condition.
(f)
The permittee may request that the City provide finish grades
in order to maintain surface drainage. If this service is requested,
the permittee shall be charged a reasonable fee. This fee shall be
based on a flat rate per diem that is consistent with the current
Fee Ordinance.
3.
Backfilling Trenches.
(a)
In backfilling a trench, the contractor shall carefully inspect
and supervise the backfilling operation to ensure safety.
(b)
No stone larger than one and one-half (1 1/2") inches in
diameter, rock or frozen earth shall be put in the excavation as backfill.
Unsuitable, noncompactable material shall not be used as backfill.
The permittee shall provide, at his expense, suitable imported fill
material to replace any unsuitable material that is encountered during
excavation.
(c)
The top twelve (12") inches of backfill shall be road gravel,
aggregate 1-5 or other material meeting that designation. Material
shall be placed in layers not more than six (6") inches thick and
compacted with approved flat-faced mechanical tampers, or jumping
jack.
(d)
All street opening restorations must be certified by the permittee,
in writing, as to adequate compaction of the fill material, prior
to placement of the asphalt or concrete surface.
(e)
As the trench is refilled, all sheeting and timbering shall
be removed in such a manner as to avoid the caving of the trench.
4.
Care of Existing Structures. Care shall be taken not to move any
sewers, storm drains, culverts, utility poles, water or gas pipes,
or structures near them that may be encountered during the construction.
The above shall be securely hung, braced or supported in place by
the contractor at his own expense. Whenever it is necessary to interfere
with said structures, the contractor shall maintain services at his
own expense and notify all respective utilities with whom a conflict
exists. He shall leave them in as good condition as he found them.
5.
Dewatering.
(a)
The contractor shall furnish sufficient pumping equipment at
his own expense for satisfactory drainage whenever needed in the trench
and other excavating during the progress of the work.
(b)
All water pumped and bailed from the trench or other excavation
shall be conveyed in accordance with Federal and State environmental
regulations to a suitable point of discharge.
(c)
The flow in all sewers, drains and water-courses encountered
in the work site or in gutters alongside of or across the work, shall
be entirely provided for, both temporarily and permanently, as required,
by the contractor and at his expense.
(d)
Hay bales or other approved method shall be placed at inlets
to prevent sand and silt infiltration.
(e)
All catch basins and inlets shall be cleaned of debris, hay
bales, sand and silt by the contractor at the completion of the job.
Maintenance of drainage shall be the responsibility of the contractor
during the course of construction. The City shall be notified upon
completion of this cleaning for inspection purposes.
c.
When utility openings are made within streets or alleys that have
geotextile pavement membrane fabric, then final restoration shall
require on-site inspection by the City. Twenty-four (24) hour notice
shall be required. Final restoration shall be as follows:
1.
Eight (8") inches of bituminous stabilized base course Mix I-2 shall be placed on properly compacted backfill. Backfill shall meet requirements of Subsection 17-1.6.
2.
Tack coat of liquid asphalt shall be applied to the prepared surface.
Minimum preparation of the surface shall include flushing with water
followed by use of a mechanical blower as necessary and directed by
the City. Checks one-fourth (1/4") inch wide and wider in the adjacent
concrete base shall be filled with hot poured asphalt joint sealer.
Large holes and cracks shall be repaired and filled with bituminous
stabilized base course Mix I-2. Tack coat, AC 20, shall be applied
at a rate of 0.25 gallons per square yard at a temperature between
three hundred (300°) degrees F and three hundred twenty-five (325°)
degrees F.
3.
Fabric shall then be installed at a uniform tension and pressure
to smooth the fabric into the tack coat. Hand brooming shall be accomplished
in order to eliminate wrinkles. New geotextile pavement membrane fabric
shall be installed to overlap existing fabric by one (1') foot. Said
fabric shall be nonwoven polypropylene terephthalate fabric, Trevia
Spunbound, Style S115, as manufactured by Hoechst Fibers Industries.
Other properties shall meet or exceed those listed in Section
919.06 of the NJ DOT Standard Specifications.
4.
Additional tack coat shall be applied to the overlap areas to assure
proper bonding.
5.
Two (2") inches of FABC Mix I-5 shall be installed as a surface course.
d.
When utility openings are made within streets or alleys that have
underdrain systems then said opening shall require on-site inspection
by the City during temporary restoration and final restoration. Twenty-four
(24) hour notice shall be required. If the underdrain system is disturbed
during the utility installation, underdrain restoration shall be as
follows:
1.
Filter fabric material shall be replaced after the trench bottom
has been properly compacted and shall overlap the existing undisturbed
fabric by one (1') foot on all four (4) sides of the underdrain system.
Fabric shall be nonwoven polypropylene terephthalate fabric, Trevia
Spunbound, Style S1127 or City approved equal. Other properties shall
meet or exceed those listed in Section 919.06 of the NJDOT Standard
Specifications.
2.
Crushed stone backfill material shall be placed and compacted. It
shall be Class I, Modified angular, well graded crushed stone, having
a maximum particle size of three-quarter (3/4") inch. Crushed shall
be three (3") inches deep under the pipe, four (4") inches deep over
the pipe and extend two (2') feet from the center line of the pipe
on both sides.
3.
Six (6") inch Corrugated High Density Polyethylene pipe with perforations
shall be used. Joints shall be taped and sealed. Pipe shall be placed
to maintain the existing slope.
4.
Restoration of the roadway shall include six (6") inches of DGA,
two (2") inches of bituminous stabilized base course Mix I-2 and two
(2") inches of FABC Mix I-5 to meet the existing surface. Surface
joints shall be sealed between the restored area and the adjacent
undisturbed area.
e.
The restoration of utility openings for main installations that are located behind the curb shall include installation of the utility at a depth no less than thirty-six (36") inches and at a setback of three (3') feet from the curb. Restoration of the opening shall match the adjoining material. Surface joints shall be sealed between the stored area and the adjacent undisturbed area. All general requirements of Subsection 17-1.6 shall be met.
[Ord. #92-29, § 7; Ord. #97-24, § 1;
Ord. #02-03, § 1; Ord. #06-18, § 1; Ord. #07-34,
§ 1]
a.
General Conditions. Surface restoration involves a process of one
(1) of the following sequences:
Sequence 1: Temporary restoration, followed by permanent restoration,
followed by infrared restoration.
Sequence 2: Temporary restoration, followed by permanent restoration,
followed by mill/pave restoration.
For deficient surfaces, permanent restoration may be ordered
to be performed in accordance with the prescribed requirements which
follow.
Infrared or mill/pave restoration is required for all restorations,
unless the City waives such requirement; infrared and mill/pave restoration
is not required for openings made within streets or alleys for which
the utility company or the property owner have received notification
of the City's intent to pave, provided the opening is made prior to
resurfacing. In such cases, temporary and permanent restoration are
still required.
The permittee is responsible for maintenance of deficient street
and alley opening restorations for a period of five (5) years following
completion of the initial restoration.
b.
For all street openings, the following standards shall govern the
surface restoration of any street:
1.
Temporary Surface Restoration.
(a)
During the months when Hot Mix Bituminous Concrete is commercially
unavailable, the trench or excavation surface shall be restored using
UPM brand, or approved equal, to a depth of six (6") inches from the
surface, graded and compacted to meet existing road grades.
(b)
When hot mix is available, stabilized base course, mix I-2,
shall be utilized for surface restoration, to a depth of six (6")
inches from the surface, graded and compacted to meet existing road
grades.
(c)
Permittee shall, to the satisfaction of the City Engineer or
his/her designee, maintain the surface of the trench until permanent
restoration is made.
2.
Permanent Surface Restoration, Phase I.
(a)
The permittee shall furnish all materials, equipment, tools
and labor to properly construct a permanent pavement to match the
existing pavement in thickness or a six (6") inch (compacted thickness)
Permanent Pavement Course whichever is greater in those areas of the
paved roadways or shoulders where the original pavement has been removed,
disturbed or destroyed by the construction activity. The work shall
consist of preparation of the subgrade, retrimming the edge of trench
and placement of the permanent pavement course, using:
(1)
The materials and composition of mixture shall conform to the
requirements of Section 903 and 904 of the New Jersey Department of
Transportation Standard Specifications of 1989.
(2)
The permanent pavement restoration shall consist of bituminous
base course to match existing in thickness, or four (4") inches (compacted
thickness) of Bituminous Stabilized Base Course, mix I-2. Top course
shall be two (2") inches compacted thickness of Bituminous Concrete
Surface Course Mix No. I-5 or I-4.
(b)
This restoration work shall be made after the permittee completes
the utility work, or when so directed by the City Engineer or his/her
designated representative, within a maximum of four (4) months after
permit issuance. The permittee shall remove and dispose of a sufficient
amount of temporary pavement restoration in order that the six (6")
inch Permanent Pavement Course can be installed to the existing longitudinal
and traverse slopes of the surface of the original pavement. Additional
temporary pavement restoration or backfill material shall be removed
in order to match the existing base and top pavement thickness, if
the existing pavement is more than six (6") inches in thickness.
(c)
The edges of the existing pavement along the side of the trench
shall be neatly saw cut or milled to the perimeter of the trench opening
in a neat, straight line generally parallel to the center line of
the trench.
(d)
The gravel base course exposed by the removal noted above shall
be graded and compacted to the proper depth below finished grade so
that the stabilized base course can be installed. Compaction of the
gravel base course shall be made by the use of a roller or approved
compactor to attain maximum compaction. The gravel shall exhibit no
signs of pumping or heaving.
(e)
The permittee shall assure that the new permanent surface course
abuts the cut edge of the existing pavement without any voids, so
as to create a watertight joint.
(f)
The permittee shall furnish all labor, materials and equipment
required to properly restore all center line stripes, edge of pavement
stripes, cross stripes and lettering destroyed by the installation.
The type and application rates of the paint required shall be as specified
by the City Engineer, or his/her designee.
3.
Permanent Restoration with a Concrete Street or Alley.
(a)
In a street or alley that has concrete sub-base, the trench
or excavation shall be restored with gravel to match existing gravel
subbase and four thousand (4,000) psi concrete with one-half (1/2")
inch stone and fibermesh admixture to a depth to match existing concrete
subbase, as specified in Section 305.
(b)
When the trench or excavation is within a street or alley that
is constructed entirely of concrete, the trench or excavation shall
be restored using four thousand (4,000) psi Class B grey concrete
with one-half (1/2") inch stone and fibermesh admixture to a grade
to match existing concrete surface. In the event the ambient temperature
warrants, the mix may include a one (1%) percent or two (2%) percent
high-early admixture.
(c)
Any deterioration or settlement in the pavement restorations
which occurs within a five (5) year period after completion shall
be repaired with concrete as specified above.
(d)
The permittee may submit alternate restoration plans for written
approval by the City Engineer for any street or alley requiring full
width and length reconstruction.
4.
Permanent Pavement Surface Restoration for Correction of Deficiencies.
(a)
Under this phase, the permittee shall furnish all materials,
equipment, tools and labor to properly construct a two (2") inch (compacted
thickness) Permanent Pavement Restoration, to be accomplished by the
permittee within three (3) days after the Notice to Correct Deficiencies
has been received, or as directed by the City, in those areas of the
paved roadways or shoulders where the original pavement has been removed,
disturbed or destroyed by the construction activity. The work shall
consist of retrimming the edge of the trench, sawcutting the pavement
at a point two (2') feet outside of the trench perimeter on both sides,
preparation of the gravel subgrade, and preparation of the bituminous
concrete base course in this area and placement of the Permanent Pavement
Restoration, using the following materials:
(b)
The edges of the existing pavement along the side of the trench
shall be cut back or milled a minimum of twenty-four (24") inches
on any opening in a neat straight line generally parallel to the center
line of the trench. This area shall then be excavated to the previous
prepared gravel base.
(c)
This area shall be prepared and the pavement cut in the same
manner as specified under paragraph b,2, Permanent Surface Restoration,
Phase I.
(d)
Prior to the placement of the permanent pavement restoration,
all depressions, ripples and potholes in the base course shall be
filled and compacted so that the pavement base shall have a true and
uniform grade. The material to be used shall be Bituminous Stabilized
Base as specified under paragraph b,2, Permanent Surface Restoration,
Phase I. The permittee, at his/her option, may use Bituminous Concrete
Surface Course in lieu of stabilized base in two (2") inch maximum
lifts. Total pavement thickness shall be six (6") inches minimum,
or meet the existing pavement in thickness, whichever is greater.
Gravel base shall be six (6") inches.
(e)
Prior to the placement of the Permanent Pavement Restoration,
the permittee shall, to the satisfaction of the City, apply a tack
coat of emulsified asphalt Grade RS-1 or SS-1 applied at a rate of
0.02 to 0.10 gallons per square yard. Curbs, gutters, manholes and
other structures and exposed cut edges of existing pavements will
be painted with a thin, uniform coating of cutback asphalt.
(f)
When the surface of the Permanent Pavement Restoration, has
been properly prepared, the permittee shall install the two (2") inch
surface course by the use of an approved asphalt paving machine and
compacted in accordance with the Standard Specifications.
(g)
The permittee shall assure that the new permanent surface course
abuts the cut edge of the existing pavement without any voids, so
as to create a watertight joint.
(h)
The permittee shall be responsible for reestablishing this watertight
joint should any separation occur during the guarantee period. The
method of re-establishing a watertight joint shall be subject to the
approval of the City Engineer or his/her designated representative.
(i)
The permittee shall furnish all labor, materials and equipment
required to properly restore all center line stripes, edge of pavement
stripes, cross stripes and lettering destroyed by the installation.
The type and application rates of the paint required shall be as specified
by the City Engineer.
5.
Mill/pave restoration or repair of utility openings shall be required
in the event of multiple utility openings or based on field conditions
as determined by the City. The City reserves the right to require
mill/pave restoration within the disturbed area of any street. Mill/pave
restoration shall meet the following requirements:
(a)
After completion of permanent restoration, the permittee shall
provide mill/pave restoration.
(b)
The entire area disturbed due to utility work plus an additional
twenty-four (24") inches of the perimeter shall be milled to a depth
of two (2") inches.
(c)
The prepared surface shall be tack coated with grade RS-1 or
SS-1 applied at a rate of 0.02 to 0.10 gallons per square yard.
(d)
Two (2")-inch surface course of Mix I-5 or I-4 shall be installed.
6.
Infrared restoration for repair of asphalt in streets and alleys
that have been opened for utility work shall be utilized after a minimum
ninety (90) day settlement period has elapsed following initial backfill.
(a)
The following methods of construction shall apply:
(1)
After completion of permanent restoration, the permittee shall
provide infrared restoration.
(2)
The area shall be swept clean of dirt, loose aggregate, or standing
water.
(3)
A chalk line shall be drawn six to twelve (6"—12") inches
back from the seam of the original opening to use as a guide raking.
(4)
The infrared chamber shall be lowered over the repair being
sure to allow at least twelve to eighteen (12"—18") inches of
heated area beyond the perimeter of the original opening.
(5)
To insure the proper heating time, the contractor shall check
the surface temperature of the asphalt at seven (7)minutes and every
minute thereafter using an infrared thermometer so as not to allow
the surface temperature to exceed three hundred fifty (350°) degrees
Fahrenheit. This is required since the ambient temperature, the color
of the pavement, the size of the aggregate, and the moisture content
influence the heating time.
(6)
After the appropriate heating time (typically eight to ten (8—10)
minutes), the asphalt surface will be softened to a depth of two to
two and one-half (2"— 2 1/2") inches.
(7)
The infrared chamber shall be then removed from the heated area.
(8)
The backside of a steel rake shall be used to neatly square
off the repair, cutting six to twelve (6"—12") inches back from
the original excavation along the chalk line.
(9)
The area inside the repair shall be deeply scarified, taking
special care to eliminate the original seam between the repair and
the road.
(10)
Approximately one-half to one (1/2"—1") inch of existing
three-fourths (3/4") inch stones shall be raked out and removed from
the patch.
(11)
Maltenes rejuvenator shall be applied to the repair and surrounding
heated asphalt surface. Emulsified maltenes recycling agent (rejuvenator)
shall be applied in a ratio of 1:1 with water. This solution shall
be well dispersed with a commercial grade sprayer at a rate of eight
(8) ounces per square yard of heated area. This application area shall
include both the area under repair as well as the area heated by left
undisturbed around the perimeter of the repair. The application shall
take place after the area has been scarified and just prior to the
addition of new asphalt. The rejuvenator replaces the light oil component
of asphalt, which has oxidized out over time.
(12)
State Mix I-5 or I-4 shall be added to the area to bring it
up to proper grade and luted smooth.
(13)
The area shall be compacted. The edges shall be rolled first
to fuse the hot repair to the heated but untouched surrounding pavement.
(14)
Light coating of stone dust can then be spread over the repair
to remove the tackiness. The road can then be opened to traffic.
(b)
Equipment shall meet the following specifications:
(1)
Infrared Heater. The heating chamber used shall consume no more
than twelve thousand five hundred (12,500) BTU per square foot heated
area. This rate of consumption shall translate into the ability of
the heater to soften asphalt to a depth of one and one-half to two
and one-half (1 1/2" to 2 1/2") inches in eight to ten (8—10)
minutes without burning the surface.
(2)
Asphalt Storage Unit: A thermostatically controlled storage
unit will be utilized to insure the sufficient hot virgin asphalt
is on hand. This unit must insure that the temperature of the asphalt
is never in excess of three hundred twenty-five (325°) degrees
Fahrenheit.
(3)
Compactor/Roller: The compaction equipment used will generate
at least two thousand (2,000) pounds of applied force/square foot.
(4)
Steel Rake: A steel rake shall be used to delineate the repair
area along the chalk line and to scarify the heated area of the patch
inside the chalk line to a depth of at least two (2") inches.
(5)
Asphalt Lute: A thirty-six (36") inch wide lute shall be used
to evenly distribute the added asphalt and to establish the proper
grade.
[Ord. # 92-29, § 8; Ord. #06-18, § 1;
Ord. # 07-34, § 1]
a.
All areas shall be kept neat and clean during construction. During
work hours, debris in the street shall be properly barricaded. Traffic
flow and access shall be maintained in a safe and reasonable manner
in accordance with the standards set forth in the latest edition of
the M.U.T.C.D. After work hours, construction debris shall not be
left in any street or alley.
b.
Persons performing work shall remove any and all construction related
debris from the site of the excavation on a daily basis. All debris
removed from the excavation site shall be disposed of properly and
legally. No debris shall be left at the site. Broken pavement, large
rock and other objectionable materials such as piping are to be kept
segregated from the clean surplus material and trucked to the contractor's
disposal site.
c.
No debris shall be disposed of on public or private property.
d.
Construction equipment and construction material shall not be parked or placed in any street overnight unless a permit has been obtained from the Director of Police Services pursuant to Subsection 7-3.8b and made part of the street opening permit.
e.
Any damage to private property such as, but not limited to, fences,
lawns, driveways, parking areas, curbing, landscaping and sidewalks
shall be restored to a condition equal to or better than the condition
prior to the street opening.
f.
All depressions, whether on public or private property, occurring
during or resulting from the street opening shall be repaired by the
permittee. The City Engineer or his/her designated representative
shall determine the cause of any depression and notify the contractor
and/or permittee accordingly.
g.
All obstructions in watercourses and drainage systems shall be removed
and drainage systems cleaned of any and all debris resulting from
construction of the utility opening.
[Ord. #92-29, § 9; Ord. #97-24, § 1;
Ord. #02-30, § 1; Ord. #06-18, § 1]
a.
The permittee shall promptly notify the Police Communications Center
of an excavation or construction site that causes the roadway to be
detoured. Police Communications shall then notify appropriate departments
and agencies within the City of said work.
b.
During the period of time that the street is under construction,
excavated or opened, it shall remain, wherever reasonably safe, open
to traffic and the permittee shall provide for continuous vehicular
access in accordance with the standards described in the latest edition
of the M.U.T.C.D. In the event detouring is necessary, it shall be
the responsibility of the permittee to coordinate such detouring with
the Police and Fire Departments and Rescue Squad. The proper traffic
control devices shall be erected and maintained by the permittee in
accordance with standards described in the latest edition of the M.U.T.C.D.
and as documented in the permittee's approved traffic control plan
where applicable.
1.
At the end of each year, a utility company may elect to submit typical
traffic control plans for review by the Traffic Safety Division. Said
plans shall apply to routine and emergency openings only. Large projects
shall require the submission of specific traffic control plans for
each large project. After review and modification if necessary, the
typical traffic control plans shall be in effect for the following
year. A copy of the approved plan shall be on site during construction
for all types of utility openings and projects. Said typical plans
shall be submitted by November 15th of each year to provide sufficient
time for review and modification. The approved typical traffic control
plans shall be in effect from January 1st to December 31st of the
year following the November 15th submission.
c.
While under construction or excavation, the permittee shall be responsible
for providing barricades or other safety devices or warnings as described
in the latest edition of the M.U.T.C.D. so as to inform motorists,
bicyclists and pedestrians of any construction or excavation.
d.
The contractor shall be responsible for maintaining safe working
conditions at the site of construction or excavation. The provisions
of the "Construction Safety Code" as promulgated by the Commissioner
of Labor and Industry under the authority of the Construction Safety
Act, P.L. 1962 Ch. 45, shall be adhered to. Excavated materials shall
be placed at a reasonable distance from the edge of the trench so
as to not cause any cave-ins. Where conditions do not allow for the
sloping of the trench sides, the contractor shall brace and support
the trench in accordance with recognized practice.
e.
The contractor shall be responsible for damage to life and property
due to his/her operation. All work shall be performed in strict accordance
with all local and State laws and codes.
[Ord. #92-29, § 10; Ord. #97-24, § 1;
Ord. #02-30, § 1; Ord. #06-18, § 1; Ord. #07-34,
§ 1]
a.
Fees.
1.
Applications made by any person shall be accompanied by a fee as
calculated by the formula set forth in the Fee Ordinance. If the fee
is not correct, the application shall be returned to the applicant.
Cable TV franchises are exempted from permitting fees.
2.
Street Restoration Fees:
(a)
For any street opening issued during the five (5)-year period
following resurfacing, there will be a street restoration fee of one
thousand ($1,000.00) dollars. For any street opening issued after
the five (5) year period, and during the ten (10) year period following
resurfacing, there will be a fee of seven hundred fifty ($750.00)
dollars. For any street opening issued after the ten (10) year period,
there will be a fee of five hundred ($500.00) dollars.
(b)
For any alley opening issued during the five (5)-year period
following resurfacing, there will be an alley restoration fee of four
hundred ($400.00) dollars. For any alley opening issued after the
five (5) year period, and during the ten (10) year period following
resurfacing, there will be a fee of two hundred ($200.00) dollars.
For any alley opening issued after the ten (10) year period, there
will be a fee of one hundred ($100.00) dollars.
(c)
Restoration fees are only chargeable to property owners, and
are only applicable to situations where additional or upgraded services
are being installed due to construction or development. Such fees
are not applicable to situations involving repair or replacement in
kind of existing utility services, nor are they applicable to emergency
street openings. Furthermore, such fees will not be applicable to
openings within streets or alleys for which the property owner has
received notification of the City's intent to pave, provided the opening
is made prior to resurfacing. The above street and alley restoration
fees are in addition to the street opening permit application and
inspection fees.
(d)
For additional services, payment of the street and alley restoration
fees is the responsibility of the property owner.
(e)
The above street and alley restoration fees apply to all permit
applications for all affected streets and alleys following the effective
date of this section.[1]
(f)
The street restoration fees generated as a result of this subsection
will be utilized to supplement the costs associated with the ongoing
road resurfacing and drainage program as established by the capital
plan.
b.
Performance Bond.
1.
Every application shall be accompanied by a performance bond or certified
check in the full amount of the estimated restoration costs as indicated
on the approved application as approved by the City Engineer.
2.
A public utility company or construction company, in lieu of giving
a separate bond for each project, may annually, prior to January 15th
of each year, post a performance bond in the amount of one hundred
fifty thousand ($150,000.00) dollars or for an increased amount as
determined by the City. If an increased amount is required, notice
of same shall be sent to the utility company by December 15th of each
year. A decreased amount may be requested in writing by the utility
company based on actual work undertaken within the City in the previous
year. Said request shall be forwarded to the City Clerk and the Office
of Engineering and Construction by December 15th of each year. A reduction
in bonding amount shall be at the discretion of the City, as determined
by the Mayor. No permits shall be issued until the bond has been approved
by the City. Use of combined performance and maintenance bond may
be requested in writing by the utility company. Said request shall
be forwarded to the City Clerk and the Office of Engineering and Construction
by December 15th of each year. The use of a combined bond shall be
at the discretion of the City, as determined by the Mayor.
3.
The purpose of depositing the performance bond and/or cash security
is to guarantee to the City of Ocean City that any construction, excavation
or road opening will be performed and completed in an acceptable fashion
consistent with the provisions of this section.
4.
If the permittee fails to complete restoration by the date indicated
on the approved permit, the City shall have the right to attach and
utilize the bond posted by the permittee to complete said work.
c.
Maintenance Bond.
1.
The permittee shall also be required to post a maintenance bond and/or
certified check in the amount of twenty-five (25%) percent of the
performance bond. The maintenance bond shall serve to guarantee that
the utility opening restoration will remain in good condition for
five (5) years.
2.
Maintenance bonds shall remain in effect for five (5) years. Security
in the form of cash or negotiable instrument shall be held in escrow
for five (5) years.
d.
Minimum Bond Requirements.
1.
The bond shall have an identifying number.
2.
The name and address of the principal shall be listed on the bond
and in the case of a corporation or partnership, the State of incorporation
and partnership must be noted.
3.
The name, address, and phone number of the surety company shall be
listed on the bond and in addition the company shall be authorized
to issue bonds in the State of New Jersey.
5.
The work to be performed shall be clearly defined in the bond.
6.
Determination of the acceptability of all the work covered by the
bond shall be at the sole discretion of the City.
7.
The term or expiration date of the bond shall be clearly stated.
The term of all performance bonds shall be one (1) year. The term
of all maintenance bonds shall be five (5) years.
8.
The manner in which the bond may be called in the event of nonperformance
shall be specified in the bond.
9.
The bond shall be signed and attested to by the appropriate persons
for the principal and the surety company together with the appropriate
form of notarization.
10.
Bond shall be reviewed and approved by the City prior to acceptance.
11.
Performance bonds shall not be released until satisfactory maintenance
bonds have been posted.
12.
If it becomes necessary for the City to undertake legal action due
to unsatisfactory work, and the cost incurred by the City exceeds
the original bond value, the City reserves the right to recover the
extra cost from the applicant.
[Ord. #92-29, § 11; Ord. #02-30, § 1;
Ord. #06-18, § 1]
a.
Every application for excavation for a street under the control of
the City of Ocean City shall be accompanied by a Certificate of Insurance
demonstrating that the applicant possesses personal injury and property
damage liability insurance in the amount of one million ($1,000,000.00)
dollars combined single amount.
b.
Prior to the issuance of any permit, the applicant must present a
Certificate of Insurance, naming the City of Ocean City as an "additional
insured" on said policy for personal injury and property damage liability
in the amount set forth in paragraph a above.
c.
The applicant shall also agree in writing, in a form acceptable to
Ocean City to indemnify and hold harmless the City, its agents, servants
and employees from any and all damage or liability sustained by any
person, including injury or death to employees of the applicant or
its contractors or subcontractors, and property damage, arising out
of, or in any way related to, the work performed by the applicant,
its agents, servants and employees. Said agreement shall require the
applicant in the event a claim is made against the City of Ocean City,
its agents, servants or employees arising out of the applicants construction
activities, to provide the City of Ocean City with a legal defense
and to pay any and all attorney's fees or costs incurred by the City
of Ocean City in connection with any claims, suits, demands or litigation.
[Ord. #92-29, § 12; Ord. #97-24, § 1;
Ord. #02-30, § 1; Ord. #06-18, § 1]
a.
The City of Ocean City retains the right to make inspections at any
time. In the event the Director of Public Works or the Director of
the Department of Police or their designated representatives determine
that an emergency exists which requires corrective action, it shall
be undertaken by the permittee to the satisfaction of the City. If
the permittee fails to undertake corrective action, the City may undertake
corrective action and recover the cost thereof from the permittee.
b.
If at any time during construction, the permittee is found to be
in violation of any part or portion of this section, corrective action
shall immediately be taken by the permittee to conform to the requirement.
If the permittee fails to take corrective action, the City may have
the work performed and backcharge the permittee and/or utilize the
bond to have the corrective work performed.
c.
The Director of Public Works or his/her designated representative may make inspection of completed permits after their return to the Public Works Office as outlined herein. This inspection may include, but not be limited to, the taking of core samples. In the event a core sample is taken, laboratory analysis cost shall be the responsibility of the City. If the core sample is found to be deficient in meeting the requirements of this section as defined in Subsection 17-1.7, the permittee shall be subject to a fine of up to five hundred ($500.00) dollars per permit found to be deficient. This fine shall be levied at the discretion of the Director of Public Works or his/her designated representative. In the event that the Director of Public Works or his/her designated representative determines that the excavation, construction or restoration and refilling has not been performed consistent with the requirements of the section, he shall be entitled, after five (5) working days notice to the permittee to correct such deficiencies, to take the performance bond or cash posted by the permittee.
d.
In the event that the Director of Public Works or his/her designated
representative determines that the excavation, construction or restoration
and refilling is deficient, he shall notify the permittee. Failure
of the permittee to perform maintenance work, after five (5) working
days' notice to the permittee to correct such deficiencies, shall
be cause for the Director of Public Works or his/her designated representative
to take the maintenance bond or cash security posted by the permittee
and utilize it to correct any deficiencies and have that area restored
to its proper condition.
e.
The City of Ocean City may make annual inspections during the five
(5) year period after completion to determine if additional maintenance
of the restoration is required. If additional maintenance is required,
the permittee shall perform the necessary repair work within five
(5) calendar days. Inspection of the maintenance work and certification
of its compliance with the requirements of this section shall be submitted
by the permittee to the Department of Public Works within three (3)
calendar days of the completion of the repair.
[Ord. #92-29, § 13; Ord. #02-30, § 1;
Ord. #06-18, § 1]
a.
For all overhead construction work, any person involved in overhead
construction work shall:
1.
Provide traffic control, barricades, safety devices and job site safety as described in Subsection 17-1.9 of this section, or as otherwise required by the Director of Public Safety.
2.
Remove all debris from the work site at the end of each workday.
3.
Include the name, address and telephone number where a representative
can be reached, day or night, in the event of emergency associated
with the overhead construction.
4.
Obtain all other necessary permits for parking construction vehicles
and materials overnight if necessary.
[Ord. #92-29, § 14; Ord. #02-30, § 1;
Ord. #06-18, § 1]
a.
Any person violating any provision of this section shall be subject
to a fine not less than two hundred ($200.00) dollars or more than
five hundred ($500.00) dollars per violation and/or imprisonment not
to exceed thirty (30) days.
b.
Any permittee and/or contractor who violates this section more than
two (2) times during any one (1) calendar year may be subject to suspension
of permit issuance for three (3) calendar years.
c.
Any opening that is inspected by the Director of Public Works or his/her designated representative and found to be deficient after permittee has certified to the Director of Public Works or his/her designated representative of permittee's inspection and maintenance under the provisions of Subsection 17-1.12, shall be grounds for the Director of Public Works to notify the permittee and to levy a one hundred ($100.00) dollar fine against the permittee if not repaired within fifteen (15) working days.
[Ord. #704, §§ 1—7; Ord. #03-15, § 2;
Ord. #11-10, § 2]
a.
Required. All owners, contractors and persons are hereby prohibited
from removing, destroying, cutting, constructing, reconstructing and
repairing any concrete, concrete curb, sidewalk or gutter or doing
any hardscape such as pavers, in the City without first obtaining
a municipal permit from the City Engineer or his designee for this
purpose.
b.
Application for Municipal Permit. Application for the municipal permit
shall be on a form prescribed by the City Engineer, which shall show
the name of the owner and the name of the contractor or agent in charge
of the work. This application shall state the lot and block number,
and house number, if any, and shall be accompanied by plans and specifications
showing the extent of the work and the materials to be used. Such
application shall also be accompanied by an application fee, and if
for work in a private property, recent survey or plot plan showing
all impervious coverage on the site. Approval will be based on zoning
requirements regarding impervious coverage for work not in the City
right-of-way.
c.
Permits. Permits issued hereunder shall be valid for one (1) year
from the date of issuance.
d.
Exceptions. The provisions of this section relating to the necessity
for a permit shall not apply to repair work to curbs when the work
performed does not exceed ten (10') lineal feet per lot, nor to the
repair to sidewalks in cases where the repairs do not exceed sixty
(60) square feet of sidewalk per lot.
[Ord. #26-79, § 1; Ord. #94-19, § 1;
Ord. #03-15, § 2; Ord. #11-10, § 3; Ord. #17-07
§ 1]
a.
No removal, destruction, construction, reconstruction, repair or
alteration of any sidewalk, concrete flat work, curb or driveway or
any landscaping such as pavers, within the City of Ocean City shall
be undertaken or performed without a municipal permit first being
issued by the City Engineer or his designee, pursuant to the construction
specifications hereinafter established.
b.
Whenever any sidewalk, concrete flat work, curb or driveway construction,
reconstruction, repair or alteration shall be undertaken within the
City of Ocean City, the owner shall be responsible to safeguard the
site until the concrete is set and cured so as to prevent the concrete
from being defaced, injured or damaged.
c.
In the event sidewalk, concrete flat work, curb or driveway is defaced,
injured or damaged before it is set and cured, the owner shall replace
the defaced, injured or damaged concrete within fourteen (14) days
of the damage.
d.
In the event the owner of any lot shall refuse to comply with Subsection 17-2.2b and c., above, the Code Official shall cause the sidewalk or curb to be repaired or replaced by the City of Ocean City. The cost to repair or replace the defaced, injured or damaged concrete shall be a municipal lien against the real property upon which such cost was incurred. A detailed statement of the aforesaid costs and the amount so due shall be filed with the City Clerk in triplicate. The City Clerk shall retain one (1) copy, file one (1) copy with the Tax Collector, and forward the third copy to the owner by regular and certified mail. Immediately following the expiration of sixty (60) days from the mailing of the statement to the owner, the lien shall be due and payable and any part remaining unpaid following a period of ninety (90) days from said mailing shall be delinquent. Said unpaid balance shall bear interest from and after the date of delinquency at the same rate established for interest on unpaid taxes in this municipality. The Tax Collector is authorized and directed to enforce the lien by a sale of the land in manner provided by law at the earliest date permitted by law.
[Ord. #26-79, § 2; Ord. #94-19, § 2;
Ord. #11-10, § 4]
a.
No new construction or alteration of any curb or driveway adjoining
a public street or alley shall be permitted without lines and grades
being proposed by a New Jersey licensed professional engineer or a
New Jersey licensed land surveyor and approved by the City Engineer
or his designee.
b.
Reconstruction or repair of flat work of ninety (90) square feet
or greater, or curb fifteen (15') lineal feet or greater shall require
lines and grades to be established by a New Jersey licensed professional
engineer or a licensed land surveyor unless waived in writing by the
City Engineer or his designee. Lines and grades shall be submitted
on a signed plan drawn to scale.
[Ord. #26-79, § 3; Ord. #94-19, § 3;
Ord. #11-10, § 5]
The construction, reconstruction, repair or alteration of any
curb shall conform to the following requirements:
a.
Workmanship. All workmanship will be done in a professional manner.
b.
Construction Details. Curbs shall be a minimum of eight (8") inches
wide at the base, six (6") inches of wide at tope and eighteen (18")
inches in depth. Open joints shall be provided in intervals of ten
(10') feet and one-half (1/2") inch bituminous expansion joints every
twenty (20') feet. At locations where a concrete curb abuts Portland
cement concrete pavements, joints in the curb shall be placed to match
the adjacent cement joints. A vertical front face shall be a minimum
of six (6") inches and not to exceed eighty (8") inches. The rear
top corner of this curb shall have a radius of one-half (1/2") inch
and the front top corner shall have a radius of one and one-half (1 1/2")
inches. Concrete gutter shall be required when the slope of the road
is less than one-half of one percent (0.5%) as determined by the City
Engineer. When concrete gutter is required, the gutter shall be a
minimum of eighteen (18") inches wide, eight (8") inches thick and
joints in the gutter shall be placed to match the curb. Curb and two
(2) pour curb and gutter cross-sections shall be as shown in Figures
1 and 2. Monolithic curb and sidewalk with all other design standards
to remain the same may be permitted at the approval of the City Engineer
or his designee.
c.
Materials and Methods of Construction. Curb shall be constructed
of Class B concrete having a maximum slump of four (4") inches at
time of placement. Cement shall be Type I-air entrained. Fine and
coarse aggregate shall conform to the Standard Specifications. Coarse
aggregate shall be three-fourth (3/4") inch or five-eighth (5/8")
inch size. Methods of construction shall conform to Section 605 of
the above noted specification.
d.
New Curbing. All new curbing shall be constructed adjoining full
street and avenue frontage of new residential or commercial development.
e.
Curb Opening. Curb opening shall be permitted at the discretion of the City Engineer and in accordance with Subsection 25-1700.11.11. Permit request shall include a scale drawing of the proper curb opening and driveway area. No curb openings shall be permitted where a lot has a vehicle access from a rear public alley without the prior formal approval of the Ocean City Zoning Board of Adjustment. Curb openings shall be depressed to a point one and one-half (1 1/2") inches above the street surface.
f.
Care of Adjacent Paving. Care of adjacent asphalt or concrete gutter shall be the sole responsibility of the owner and/or contractor. Any required repairs to adjacent paving must be performed in accordance with § 17-1 of this chapter. Restrictions related to road openings detailed in § 17-1 shall also apply to the installation of curb and two (2) pour curb and gutter.
It is recognized that there currently exist a number of curb openings which are no longer used or necessary within the City of Ocean City. The City Engineer shall have authority to inspect existing curb openings and determine their utility. If the City Engineer decides that any existing curb opening no longer serves a useful purpose and the access established by the curb opening is no longer necessary, he shall notify the adjoining property owner and request the curb opening to be closed. In the event the adjoining property owner refuses to close the curb opening, the construction for same may be undertaken by or on behalf of the City of Ocean City pursuant to the requirements established in Subsection 17-2.10 below.
The construction, reconstruction, repair or alteration of any
sidewalk, driveway or flat work shall conform to the following requirements:
a.
Materials and Methods of Construction. Concrete utilized for any construction, reconstruction, repair or alteration of sidewalks, driveways or flat work shall be as specified in Subsection 17-2.4c of this section. Methods of construction shall conform to Section 606 of the Standard Specifications. The sidewalk subgrade shall be compacted prior to the placement of any sidewalk. Any unsuitable material encountered in the subgrade shall be removed and replaced with suitable material acceptable to the City Engineer or his designee.
[Amended 6-11-2020 by Ord. No. 20-08]
b.
Construction Details. Where concrete is used, sidewalks and flat work shall have a minimum concrete thickness of four inches. In all areas with vehicular traffic (driveways, aisles, aprons, and sidewalks that are part of a driveway) the minimum concrete thickness shall be six inches. The City Engineer or his designee may require reinforcement if unsuitable ground conditions are encountered. Minimum sidewalk width shall be six feet except in those blocks or areas where partially developed sidewalks of lesser or greater widths exist. In those situations the City Engineer or his designee may permit or require such other widths to conform to the adjacent sidewalks. That portion of the driveway from the property line to the street shall have a minimum thickness of six inches and shall be constructed of concrete. The width of the driveway shall be in accordance with §§ 25-1700.11.3 or 25-1700.11.10. Expansion joints shall be installed at intervals not exceeding 20 feet. Preformed bituminous cellular joint fillers one-half-inch thick shall be placed in the expansion joints. Formed joints shall be cut into the concrete sidewalk between the expansion joints at equal intervals not exceeding the width of the sidewalk.
[Amended 6-11-2020 by Ord. No. 20-08]
c.
Lot Coverage by Impervious Surface. Impervious surface coverage for
any lot is limited to the maximum permitted in the Zoning Ordinance
for the applicable zone.
d.
New Sidewalk. All new sidewalks shall be constructed along full street
and avenue frontage of new residential or commercial development.
e.
Time Frame. All removed or destroyed sidewalk shall be replaced within
forty-eight (48) hours.
[Ord. #26-79, § 4; Ord. #94-19, § 4;
Ord. #11-10, § 6]
|
FIGURE 1: CONCRETE CURB
|
|---|
 |
|
FIGURE 2: TWO (2) POUR CURB AND GUTTER
|
|---|
 |
[Ord. #26-79, § 5; Ord. #94-19, § 5;
Ord. #11-10, § 7]
The construction, reconstruction, repair or alteration of any
curb, or sidewalk adjacent to a street corner or alley corner, shall
provide ramps for the physically challenged as required by State and
Federal law. Construction details shall conform to the "Design Standards"
of the New Jersey Department of Transportation and N.J.A.C. 16:41-2.5
and on file with the Code Official and City Engineer.
[Ord. #26-79, § 6; Ord. #94-19, § 6;
Ord. #03-15, § 3]
The permit fees for construction, reconstruction, repair or alteration shall be as listed as listed in Chapter 30, Schedule I.
[Ord. #26-79, § 6; Ord. #94-19, § 6]
The Code Official shall have the responsibility of inspecting
curbs and sidewalks in the City of Ocean City to determine if the
condition of any portion of any curb or sidewalk, or the lack of any
sidewalk or curb, presents a hazard or danger to the public safety,
to those persons using the sidewalk or curb.
[Ord. #26-79, § 8; Ord. #94-19, § 8]
If, upon adequate inspection, it is determined by the Code Official
that a sidewalk or curb or any portion thereof, is a hazard or danger
to public safety, the Code Official shall cause a notice to be served
upon the owner of the lot, in front of which said sidewalk or curb
is located, which notice shall contain a description of the property
affected, sufficiently definite in terms to identify the same, as
well as a description of the required construction or repair and a
notice that unless said improvement shall be completed within thirty
(30) days after service thereof, it is the intention of the City of
Ocean City to make the same cause it to be done. Such notice shall
be served upon the owner or owners in person or by leaving the same
at their usual place of residence with a member of their family above
the age of fourteen (14) years. Where any such owner or owners does
not reside in the City of Ocean City, such notice shall be served
upon him personally or by certified mail, to his last known address,
or upon the agent of the owner in charge of the property. In the event
that the owner of such property is unknown or service cannot, for
any reason, be made as herein above described, notice thereof shall
be published at least once, not less than thirty (30) days before
the making of such improvements, in a newspaper circulating in the
City of Ocean City. Proof of service shall be filed with the Tax Collector
within ten (10) days of service.
[Ord. #26-79, § 1; Ord. #83-22, § 1;
Ord. #94-19, § 9]
In the event the owner of any lot shall refuse to comply with the notice prescribed in Subsection 17-2.9 above, the Code Official shall cause the sidewalk or curb to be constructed or repaired by the City of Ocean City, or an independent contractor, chosen to perform such construction or repair. Any such construction, reconstruction, repair or alteration shall conform to the construction requirements of this section.
[Ord. #26-79, § 10; Ord. #94-19, § 10]
When any sidewalk or curb shall be constructed or repaired,
a true and accurate account of the cost and expense incurred shall
be kept and apportioned among the properties improved and proportioned
to the frontage of their respective lands and a true statement of
such costs, under oath or affirmation, shall be forthwith filed by
the Code Official in charge of such improvements with the City Clerk
and Tax Collector. Upon filing with the Tax Collector he shall record
the same in the assessment book. Such assessment shall, from the date
of confirmation, become due and payable and shall remain a first lien
upon the lots upon which they are filed until paid and shall bear
interest at the rate of eight (8%) percent per annum from the expiration
of thirty (30) days after the date of confirmation. The Tax Collector
shall further cause a notice of the assessment in the amount thereof
to be given to the owners of properties assessed, either personally
or by certified mail directed to the owner at his last known address.
[Ord. #26-79, § 11; Ord. #94-19, § 11]
Any person, firm, association or corporation violating this
section or any section thereof, shall be subject to a fine not exceeding
five hundred ($500.00) dollars and imprisonment not exceeding thirty
(30) days or both.
[Ord. #94-19, § 12]
The Review Board shall be made up of the Code Official, the
Director of Public Works and the City Engineer or their designee.
The purpose of the Board will be to review situations that may be
inconsistent with this section and make an administrative ruling.
[Added 5-11-2023 by Ord.
No. 23-12]
a.
For the purposes of this section, the following terms, phrases, words,
and their derivatives shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include
the future, words in the plural include the singular, and words in
the singular include the plural. Any term not defined in this section
shall have the meaning ascribed to it in the New Jersey Municipal
Land Use Law, 40:55D-1, et seq., unless the context clearly requires
otherwise. In the event that a term is not defined by this section,
said term shall have its common and/ordinary meaning.
b.
ADMINISTRATIVE OFFICER
CARRIER
CITY OF OCEAN CITY
CONDUIT
COUNTY
GOVERNING BODY
MUNICIPALITY
PERMITTEE
PERSONAL WIRELESS SERVICE FACILITIES
PERSONAL WIRELESS SERVICES
PUBLIC RIGHT-OF-WAY
STEALTH STRUCTURE
STREET
UTILITY POLE
WIRELESS FACILITY OR FACILITIES
WIRELESS FACILITY PERMIT
Definitions.
Means the Administrative Officer as defined in N.J.S.A. 40:55D-3
or his/her authorized designee.
Means any firm, partnership, association, corporation, limited
liability company, or any other legally recognized organization, licensed
by the Federal Communications Commission to provide Personal Wireless
Services or authorized by the New Jersey Board of Public utilities
to provide telecommunications services in the State of New Jersey.
Means the City of Ocean City, County of Cape May, State of
New Jersey.
Means a casing or encasement for wires or cables.
Means the County of Cape May, State of New Jersey.
Means the Council of the City of Ocean City, County of Cape
May, State of New Jersey.
Means the City of Ocean City, County of Cape May, State of
New Jersey.
Means the Carrier to which a permit has been issued pursuant
this section and Master License Agreement for Use of Public Rights-of-Way.
Means equipment at a fixed location that enables Personal
Wireless Service between user equipment and a communications network,
including but not limited to: (a) equipment associated with Personal
Wireless Services such as private, broadcast and public safety services,
as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul; and (b) tower, radio transceivers, antennas,
coaxial or fiber-optic cable, regular and backup power supplies and
comparable equipment, regardless of technological configuration.
Means any technologies defined in 47 U.S.C. 332(c)(7) including
commercial mobile services, unlicensed wireless services, and common
carrier wireless exchange access services, provided to personal mobile
communication devices through wireless facilities or any fixed mobile
wireless services provided using personal wireless facilities.
Means the surface, the air space above the surface, and the
area below the surface of any street, road, highway, lane, alley,
boulevard, or drive, including the sidewalk, shoulder and area for
utilities owned by the City of Ocean City or within an easement to
the public or other easement owned by the City of Ocean City.
Means a new structure for the mounting of Facilities, such
as a light pole with integrated antenna, with aesthetics found to
be reasonably acceptable to the Administrative Officer, with input
from the Governing Body, if deemed necessary.
Means any street, avenue, boulevard, road, parkway, viaduct,
drive or other way as defined in the Municipal Land Use Law, 40: 55D-7.
Means a tall wooden pole that is used to support telephone
wires, electrical wires, etc.
Means all structures, devices, and materials, including but
not limited to: antennas, radios and radio cabinets, electrical wires
and cables, fiber optic cables, communications and video cables and
wires, poles, conduits, pads, backup power supply and other components
of Personal Wireless Service Facilities, and appurtenances thereto,
located in the public rights-of-way. Each pole mounting set up shall
be a separate Facility for regulatory purposes, applications, and
fees.
Means the document signed by the Administrative Officer that
is required as a condition precedent to the installation of an individual
Facility and which acknowledges that the Facility complies with the
provisions of this section, or approved deviation therefrom.
[Added 5-11-2023 by Ord.
No. 23-12]
a.
Purpose. The purpose and intent of this section is for the City to
exercise its lawful authority to grant consent to the limited use
of the public rights-of-way and to allow the attachment of Facilities
only to existing wooden utility poles located therein pursuant to
N.J.S.A. 48-19, subject to certain conditions as stated herein, in
order to allow the prompt deployment of Facilities while also effectively
managing the public rights-of-way and protecting the aesthetic and
safety interests of the public.
b.
Facilities Subject to This Section. This section applies to all Facilities,
as herein defined, within the public rights-of-way, except as otherwise
provided in any existing franchise, license or similar agreement.
The deployment of Facilities on private property and public property
outside of the public rights-of-way shall not be controlled by this
section or the Master License Agreement, but by the City Zoning Ordinance
and the New Jersey Municipal Land Use Law. In no event shall this
section apply to the City or facilities owned or operated by the City.
c.
Master License Agreement Required. Every Carrier seeking to install
Facilities in the public rights-of-way, excluding those holding a
franchise, license or similar agreement with the City, shall first
enter into the Master License Agreement substantially complying with
the requirements of this section and apply for and obtain a Wireless
Facility Permit as provided herein. The execution of the Master License
Agreement by the Carrier and the City shall grant the City's
consent to the Carrier to utilize the public rights-of-way pursuant
to N.J.S.A. 48-19 and N.J.S.A. 27:16-6 and shall control the installation,
maintenance, and removal of the Facilities.
d.
Duration of Consent and Removal. The non-exclusive consent granted
to the Carrier shall expire in 25 years unless earlier terminated.
Carrier may cancel this Agreement upon 60 days' prior written
notice to the City of Ocean City. Upon expiration of such consent,
or at such earlier date that the Carrier ceases to operate its facilities
for a period of 90 consecutive days, the Carrier shall remove its
facilities and restore the right-of-way at its sole cost and expense.
[Added 5-11-2023 by Ord.
No. 23-12]
a.
Permit Required. No Carrier, without first filing an application
and obtaining a Wireless Facility Permit from the Administrative Officer
pursuant to this Section 17.3, shall construct any Facility within
any public right-of-way.
b.
Application Requirements. The application shall contain, at a minimum,
the following:
1.
The Carrier's name and address and telephone number of the contact
person for such Carrier;
2.
The applicant's name and address, if different than the Carrier,
and telephone number of the contact person for such applicant;
3.
The names, addresses, telephone numbers of the professional consultants,
if any, advising the applicant with respect to the application;
4.
A brief description of the proposed work;
5.
A plan with specifications of the Facility showing the work proposed,
including sufficient information regarding the components of the Facility,
including their types and quantities;
6.
Any request for a deviation from one or more provisions of this section;
and
7.
Such additional information as may be reasonably required by the
Administrative Officer.
c.
Application Fees. All applications for Wireless Facility Permits
pursuant to this section shall be accompanied by a fee of $500 for
each independent Facility as compensation to the City for expenses
incurred in processing the application as permitted by N.J.S.A. 54:30A-124.
[Added 5-11-2023 by Ord.
No. 23-12]
a.
Installation of Facilities. It shall be lawful for wireless communication
carriers to install facilities in the public rights-of-way on existing
wooden poles only, shall comply with all requirements of this section
and the terms and condition of the Master License Agreement. All applicants
shall obtain any and all approvals necessary from the owner and/or
operator of the wooden utility poles to be used;
b.
Other approvals. All applicants shall obtain any and all approvals
necessary from any other governmental agency in addition to the owner
and/or operator of the wooden utility poles to be used;
c.
Height. No antenna or attachment to an existing wooden utility pole
shall exceed the height of that pole by more than five feet;
d.
New Poles. No new poles shall be erected for the purpose of placing
Facilities regulated herein. The setting of utility poles is regulated
by the New Jersey Board of Public Utilities ("BPU), the City authorizes
only the utility company to set utility poles in the public rights-of-way
in their normal course as they deem appropriate and/or necessary subject
to BPU regulation;
e.
Pole-Mounted Equipment. Equipment shall be pole mounted at a minimum
of eight feet from the ground and/or shall conform to all Flood Prevention
Ordinance requirements of the City including but not limited to base
flood plus elevations required, whichever is higher in height and
shall be limited to one antenna and one cabinet or other mounted device
at each site per carrier. A single antenna shall not exceed a height
of four feet and two feet in width or two antennas each of a maximum
dimension of a height of two feet and width of one foot. The cabinet
or other mounted device may project beyond the side of the pole no
more than 30 inches;
f.
Ground-Mounted Equipment. No ground-mounted equipment is permitted
on or around any pole;
g.
Color and Conduit. All antennas, conduit and equipment shall be a
color that blends with the wooden utility pole on which it is mounted.
Any cables or wiring attached to the utility pole shall be covered
with an appropriate conduit;
h.
Construction Permits. Subsequent to the issuance of the Wireless
Facility Permit, the permittee shall obtain any necessary permits
required pursuant to the current Uniform Construction Code adopted
in New Jersey prior to installation;
i.
Underground Work. All underground work shall follow standard road
opening permit requirements; and
j.
Co-locate. All carriers shall co-locate and cooperate with each other
to minimize the impact and number of Facilities on and in the public
rights-of-way.
[Added 5-11-2023 by Ord.
No. 23-12]
The Administrative Officer shall approve or reject the permit
application within 30 days, unless the Administrative Officer determines
that the permit application is incomplete and insufficient for him
to either approve or reject, in which case the Administrative Officer
shall inform the applicant in writing what information is missing.
If the application does not conform to the requirements of this section
and no request for a deviation is made with the application, the Administrative
Officer shall reject such application in writing, stating the reasons
therein. If the Administrative Officer is satisfied that the application
conforms to the requirements of this section, the Administrative Officer
shall issue a permit therefor within 150 days.
[Added 5-11-2023 by Ord.
No. 23-12]
A Wireless Facility Permit from the Administrative Officer shall
confirm compliance with this section and shall authorize the permittee
to apply for construction permits to undertake the work set forth
in the plans filed with the permit application. The permit shall not
grant authority to the permittee to impinge upon the rights of others
who may also have an interest in the public rights-of-way.
[Added 5-11-2023 by Ord.
No. 23-12]
a.
Request for Deviations. A Carrier proposing to deviate from one or
more of the provisions of this section shall do so in writing to the
Administrative Officer as part of the permit application. The request
shall identify each provision of this section from which a deviation
is requested and the reasons why a deviation should be granted.
b.
Authority to Grant Deviations. The Administrative Officer shall have no authority to grant a deviation from any conditions of Subsection 17-3.4, Conditions and Requirements. The Administrative Officer shall decide for all other requests whether a deviation is authorized by this section and the Carrier requesting the deviation has demonstrated that:
1.
One or more conditions not under the control of the Carrier (such
as terrain features or an irregular public rights-of-way line or condition)
create a special hardship that would make enforcement of the provision
unreasonable, given the public purposes to be achieved by the provision;
and
2.
All other designs, methods, materials, locations or Facilities that
would conform to the provision from which a deviation is requested
are impracticable in relation to the requested approach.
c.
Additional Conditions for Granting of a Deviation. As a condition
for authorizing a deviation, the Administrative Officer may require
the Carrier requesting the deviation to meet reasonable standards
and conditions that may or may not be expressly contained within this
section but which carry out its purposes.
d.
Material Deviations. In the event the actual size, type, material,
or location of any Facilities installed in the public rights-of-way
deviate in a materially significant way from that which was shown
on the plans submitted with the Wireless Facility Permit application,
the permittee shall file new plans with the Administrative Officer
within 30 days of request or be subject to a stop work order, an order
of removal, or a requirement to apply to the Governing Body for relief.
e.
Referral to Governing Body. If the Administrative Officer determines that the deviation requested (or existing) is a major deviation and/or that practical hardship has not been properly demonstrated, or is a deviation from Subsection 17-3.4, the request shall be referred to the Governing Body for review. If the Governing Body denies the request for a deviation, then the permittee shall, within 30 days of said denial, either remove the Facility from the public rights-of-way (if installed) or modify the Facility so that it conforms to this section and submit revised plans to the Administrative Officer therefor for approval.
f.
Review Fees. Any reasonable professional fees incurred by the City
in its review of a request for a deviation or as a result of the installation
of a Facility in violation of this section, and for which no approval
is granted, shall be paid to the City within 30 days and prior to
the issuance of the Wireless Facility Permit as permitted by N.J.S.A.
54:30A-124. An escrow of $2,500 shall be submitted with the request
for deviation to the construction office to cover such fees and be
replenished as deemed appropriate by the Administrative Officer.
[Added 5-11-2023 by Ord.
No. 23-12]
a.
Required Coverage and Limits. Each Carrier constructing a Facility
in the public rights-of-way shall secure and maintain commercial general
liability insurance with limits not less than $2,000,000 for injury
or death on one or more persons in any one occurrence and $2,000,000
for damage or destruction in any one occurrence insuring the Carrier
as named insured and listing the City as an additional insured on
the policies.
b.
Copies Required. The Carrier shall provide copy of certificates of
insurance reflecting the requirements of this section to the City
within 10 days following permit approval and prior to obtaining a
construction permit pursuant to this section.
c.
Self-Insurance. A Carrier may self-insure all or a portion of the
insurance coverage and limit requirements required by paragraph a
of this subsection. A Carrier that self-insures is not required, to
the extent of such self-insurance, to comply with the requirement
for the naming of additional insured under paragraph a or the requirements
of paragraph b of this subsection. A Carrier that elects to self-insure
shall provide to the City evidence sufficient to demonstrate its financial
ability to self-insure the insurance coverage and limit required under
paragraph a of this subsection. Proof of such financial ability to
self-insure shall be provided to the City within 10 days following
the effective date of the Master License Agreement and prior to obtaining
a permit pursuant to this section.
d.
Effect of Insurance and Self-Insurance on Carrier's Liability.
The legal liability of the Carrier to the City and any person for
any of the matters that are the subject of the insurance policies
or self-insurance required by this subsection shall not be limited
by such insurance policies or self-insurance or by the recovery of
any amounts thereunder, however neither the City nor the carrier shall
be liable to the other for consequential, incidental, exemplary or
punitive damages on account of any activity pursuant to this section.
[Added 5-11-2023 by Ord.
No. 23-12]
Prior to constructing a Facility in the public rights-of-way,
and as a precondition to the issuance of a permit pursuant to this
section, the Carrier shall execute the Master License Agreement, agreeing,
among other things, to indemnify and hold harmless the City against
any claim of liability or loss from personal injury or property damage
resulting from or arising out of the negligence or willful misconduct
of the Carrier, its employees, contractors or agents, except to the
extent such claims or damage may be due to or caused by the negligence
or willful misconduct of the City, or its employees, contractors or
agents. The City will provide the Carrier with prompt, written notice
of any claim covered by this indemnification; provided that any failure
of the City to provide any such notice, or to provide it promptly,
shall not relieve the Carrier from its indemnification obligation
in respect of such claim, expect to the extent the Carrier can establish
actual prejudice and direct damages as a result thereof. The City
shall cooperate with the Carrier in connection with the Carrier's
defense of such claim. The Carrier shall defend the City, at the City's
request, against any claim with counsel of the City's choosing
that is reasonably satisfactory to the Carrier.
[Added 5-11-2023 by Ord.
No. 23-12]
a.
Right to Revoke Permit. The City Administrative Officer may revoke
or suspend a permit issued pursuant to this section for one or more
of the following reasons:
1.
Materially false or incomplete statements in the permit application;
2.
Non-compliance with one or more provisions this section for which
a deviation has not been allowed;
3.
The permittee's Facilities within the public rights-of-way presents
a direct or imminent threat to the public health, safety, or welfare;
4.
Permittee's failure to construct the Facilities substantially
in accordance with the permit and approved plans; or
5.
Violation of the terms and conditions of the Master License Agreement.
b.
Notice of Revocation or Suspension. The City Administrative Officer
shall send written notice of its intent to revoke or suspend a permit
issued pursuant to this section stating the reason or reasons for
the revocation or suspension and the alternatives available to permittee
under this subsection.
c.
Permittee Alternatives Upon Receipt of Notice of Revocation or Suspension.
Upon receipt of a written notice of revocation or suspension from
the City Administrative Officer, the permittee shall have the following
options:
1.
Immediately provide the City with evidence that no cause exists for
the revocation or suspension;
2.
Immediately correct, to the satisfaction of the City Administrative
Officer, the deficiencies stated in the written notice, providing
written proof of such correction to the City Administrative Officer
within 10 business days after the receipt of the written notice of
revocation; or
3.
Within 10 days remove the Facilities located within the public rights-of-way
and restore the public rights-of-way to the satisfaction of the City
Administrative Officer providing written proof of such removal to
the City Administrative Officer within 10 business days after receipt
of the written notice of revocation. The City Administrative Officer
may, in his discretion, extend the time periods provided in this subsection.
To be effective extensions must be in writing.
[Added 5-11-2023 by Ord.
No. 23-12]
Notification of Change. A Carrier shall notify the City no less
than 30 days following the transfer of ownership of any Facility in
the public rights-of-way or change in identity of the Carrier. The
rights and obligations given to the Carrier pursuant to the Master
License and Wireless Facility Permit shall be binding on and benefit
the new owner of the Carrier or the Facility, its successors and assigns,
who shall have all the obligations and privileges enjoyed by the former
owner under the Master License Agreement, Wireless Facility Permit,
and all applicable laws, ordinances, rules and regulations, including
this section, with respect to the work and Facilities in the public
rights-of-way.
[Added 5-11-2023 by Ord.
No. 23-12]
a.
Warning Signs, Protective Devices, and Flaggers. The Carrier is responsible
for providing and installing warning signs, protective devices and
flaggers, when necessary for the protection of the public and the
Carrier's workers when performing work on the public rights-of-way.
b.
Interference with Traffic. All work shall be phased in so that there
is minimum interference with pedestrian and vehicular traffic.
c.
Compliance. The Carrier shall take immediate action to correct any
deficiencies in traffic protection requirements that are brought to
the Carrier's attention by the City Administrative Officer, City
Engineer, Fire Department, or Police Department.
[Added 5-11-2023 by Ord.
No. 23-12]
a.
Notice. Within 30 days following written notice from the City, any
Carrier with Facilities in the public rights-of-way shall, at its
own expense, temporarily or permanently remove, relocate, change or
alter the position of any Facilities whenever the City determines
that (a) such removal, relocation, change or alteration, is reasonably
necessary for the construction, repair, maintenance, or installation
of any City improvement in or upon the public rights-of-way; or (b)
because the equipment is interfering with or adversely affecting proper
operation of the light or other poles; or (c) the widening of the
public rights-of-way. In such instance, the City of Ocean City shall
cooperate with Carrier to find a replacement location for the Facility
that will provide similar radio frequency coverage to the Facility
removed or relocated.
b.
Removal of Unauthorized Facilities. Within 30 days following written
notice from the City Administrative Officer to any Carrier that owns,
controls, or maintains any unauthorized Facility or related appurtenances
within any public rights-of-way shall, at its own expense, remove
all or any part of such Facilities or appurtenances. A Facility is
unauthorized and subject to removal, but not limited to, in the following
circumstances:
1.
Upon expiration or termination of the permittee's license, unless
otherwise permitted by applicable law,
2.
If the Facility was constructed without the prior grant of a Wireless
Facility Permit,
3.
If the Facility was constructed without prior issuance of a required
construction permit,
4.
If the Facility was constructed at a location not permitted by the
permittee's permit, or
5.
Upon abandonment of the Facility. Abandonment will be presumed where
a Facility has not been used for the purpose for which it was installed
for a period of 90 consecutive days, or more, and where there have
been no efforts to repair or renew the use during the ninety-day period.
The Carrier owning, controlling or maintaining the Facility shall
have the burden of establishing to the City Administrative Officer
that the Facility is still being used within 30 days of the notice.
All notices described herein shall be in writing and sent by recognized
national overnight courier (e.g., U.S. Postal, Federal Express or
UPS) for which proof of delivery is supplied. Failure to respond to
the City Administrative Officer's request for information regarding
the abandonment of the Facility shall constitute a presumption of
abandonment. Upon the City Administrative Officer's determination
and final written notification to the Carrier of such abandonment
the Carrier shall have 60 days within which to:
(a)
Reactivate the use of the Facility or transfer the Facility
to another entity which makes actual use of the Facility promptly;
or
(b)
Dismantle and remove the Facility and notify the City Administrative
Officer in writing of the completion of such removal.
|
If the entity believes that the determination of abandonment
by the City Administrative Officer is incorrect it may file a written
appeal with the Governing Body within 45 days of the City Administrative
Officer's determination. If the entity fails to prevail on appeal,
or fails to reactivate, or transfer to another active user or remove
the service facility the City shall have the right to have the Facilities
removed at the Carrier's sole expense. The City shall be entitled
to reimbursement for all costs and expenses associated with the removal
of any Facility thereafter.
|
[Added 5-11-2023 by Ord.
No. 23-12]
Upon completion of all construction or maintenance of Facilities,
the Carrier shall remove all debris and restore the right-of-way to
a clean and safe condition in a timely manner and to the satisfaction
of the City Administrative Officer.
[Added 5-11-2023 by Ord.
No. 23-12]
a.
General. Facilities within public rights-of-way shall be maintained
by or for the Carrier at the Carrier's sole expense. Carrier
shall not damage the public right-of-way and shall keep the public
right-of-way free of all debris. If any portion of the public right-of-way
suffers damage by reason of access by Carrier, then in that event,
Carrier, at its sole cost and expense, shall immediately repair all
such damage or replace the damaged portion of the public right-of-way
and restore the damaged portion of the property to its condition prior
to the occurrence of such damage.
b.
Emergency Maintenance Procedures. The noncompliance with normal procedures
for securing a required permit shall be excused when a Carrier reasonably
determines that an emergency exists.
1.
If an emergency creates a hazard on the traveled portion of the public
rights-of-way, the Carrier shall take immediate steps to provide all
necessary protection for traffic on the roadway including the use
of signs, lights, barricades or flaggers.
2.
In an emergency, the Carrier shall, as soon as practical, notify
the City Administrative Officer or his or her duly authorized agent
and the Ocean City Police Department of the emergency, informing him
or her as to what steps have been taken for protection of the traveling
public and what will be required to make the necessary repairs. On
nights and weekends, the Carrier shall notify the Ocean City Police
Department of an emergency if the City Administrative Officer is unavailable.
If the nature of the emergency is such as to interfere with the free
movement of traffic, the Ocean City Police Department shall be notified
immediately. To the extent that the City of Ocean City has actual
knowledge of the displacement or damage to any Facility, it shall
inform Carrier upon learning of the same.
[Added 5-11-2023 by Ord.
No. 23-12]
Nothing in this section shall be construed as limiting any additional
or further remedies that the City may have for enforcement of this
section or the right of a Carrier to appeal any decision to the State
courts of New Jersey or the United States District Court for the District
of New Jersey.
[Ord. #6-79, § 1]
Any area of a public street may be designated by the Chief of
Police as an area where the parking of an automobile, truck, bus,
van or other motor driven vehicle is prohibited; or as an area where
parking may be permitted for a specified limit of time; or, as an
area where parking may occur for limited uses only.
[Ord. #6-79, § 2]
Subject to the approval of the Chief of Police, and provisions
herein, the necessary signs, markers and street lines shall be placed
and established to properly mark and designate all such areas.
[Ord. #6-79, § 3]
The regulations herby authorized and empowered are declared
necessary in the interest of public safety, the safety of persons
and property, and for the effective police control and regulation
for the use of public streets.
[Ord. #6-79, § 4]
Whenever an owner or lessee of a school, church, theater, hotel,
motel, guest house, rooming house, hospital or other place of public
assemblage located on a public street conducts business in or on said
property, and extends to the public generally a direct or implied
invitation to enter upon such premises for business purposes, the
owner or lessee may apply to the Chief of Police and request him to
designate a street area in front of the area as a No Parking — Load
and Unload Area Only. The Chief of Police is empowered to determine
whether the public interest requires such application. Any area so
designated as a No Parking — Load and Unload Area
Only shall be used only for and by those persons who enter upon the
business premises intending to transact business.
The use of any such designated area by any other persons for
any other purpose is hereby prohibited.
[Ord. #6-79, § 5]
For purposes of this section the Chief of Police shall consider
applications from owners or lessees of hotels, motels, guest houses
or rooming houses, for a No Parking — Load and Unload
Area Only designation only if such hotel, motel, guest house or rooming
house contains at least ten (10) rooms available for rental to the
general public. Any hotel, motel, guest house or rooming house containing
less than ten (10) rooms available for rental to the general public
shall not be eligible for the No Parking — Load and
Unload Area Only designation.
[Ord. #6-79, § 6]
Load and Unload Area Only designations by the Chief of Police,
shall not exceed twenty-five (25) lineal feet measured along the curbline.
[Ord. #6-79, § 7]
Load and Unload Area Only designations shall be in writing,
on forms supplied by the Chief of Police signed by the applicant and
filed in the office of the Chief of Police. The Chief of Police shall
then determine whether said application is approved or disapproved
and he shall endorse it accordingly and notify the owner or lessee.
[Ord. #85-26, Preamble]
The City of Ocean City has not established by Ordinance a grading
plan for certain blocks within the Municipality, and in order to promote
orderly growth and management of storm water within the boundary of
these blocks, and to reduce flooding of adjacent areas, and the blocks
are at present partially developed, but further development is imminent.
It is in the best interest of and welfare of the citizens, residents
and visitors to establish such grading plan. The City is desirous
of establishing a grading plan for the general area to protect the
public health, safety and welfare.
[Ord. #85-26, § 1]
a.
The blocks for which grades are hereby established are shown on the
Tax Map of the City of Ocean City, dated November, 1980, and prepared
by John R. Walker, P.E. and L.S.
b.
The following list of maps indicating the established grades is adopted
by reference and a copy of the map will be found on file in the office
of the City Engineer. The Tax Map Block and corresponding map numbers
are as follows:
|
Map Number
|
Block
|
|---|---|
|
1
|
2405
|
|
2
|
2505
|
|
3
|
2605
|
|
4
|
2705
|
|
5
|
2805
|
|
6
|
2905
|
|
7
|
3005
|
|
8
|
2406
|
|
9
|
2506
|
|
10
|
2606
|
|
11
|
2706
|
|
12
|
2806
|
|
13
|
2906
|
|
14
|
3006
|
[Ord. #85-26, § 2]
a.
Grades and elevations shown on the aforesaid maps refer to the established
datum plane of the City of Ocean City. Said datum plane is Mean Sea
Level Datum, or National Geodetic Vertical Datum of 1929.
b.
The gradients between the established elevations shall be in a straight
line, except where vertical curves are noted on the maps.
[Ord. #85-26, § 3]
a.
Property line grades are hereby established as one-fourth (1/4")
inch per foot of sidewalk area width above the established curb grades
or elevations, and shall be parallel with curbs.
[Ord. #85-26, § 4]
a.
Grades and elevations indicated on alleys are inverted crown grades
on the center line. Grades and elevations at property lines at right
angles to the established center line grade shall be twenty-five hundredths
(0.25') feet higher than the center line elevation. Property line
gradients shall be identical to center line gradients.
[Ord. #85-26, § 5]
[Ord. #85-26, § 6]
[Ord. #86-26, § 1]
For all purposes of this section, the following terms, phases,
words, and their derivations shall have the meaning given therein:
[Ord. #86-26, § II]
Pursuant to the authority contained in N.J.S.A. 40:48-2:26,
et seq., it is hereby declared to be the responsibility of the owners
or tenant of lands lying within the City of Ocean to keep all shade
trees growing within ten (10") feet of any roadway and within thirty-five
(35') feet of the intersection of two (2) roadways, pruned and free
of branches and leaves to a minimum height of eight (8') feet above
the gutter line of the road.
No shade tree shall overhang or encroach into an alley. All
shade trees along alleys shall be trimmed to no closer than twelve
(12") inches to the public right-of-way.
Any shade tree farther than ten (10') feet from any roadway
shall be trimmed to no closer than twelve (12") inches to any sidewalk
area.
Any shade tree that cannot be pruned as stated or that is deemed
an obstruction shall be removed.
[Ord. #86-26, § III]
Pursuant to the authority contained in N.J.S.A. 40:48-2.26,
et seq., it is hereby declared to be the responsibility of the owner
or tenant of lands lying within the City of Ocean City to keep all
shrubs, growing within ten (10') feet of any roadway and within thirty-five
(35') feet of the intersection of two (2) roadways, cut to a height
of not more than two and one half (2-1/2') feet higher than the curbline
of the road where it shall be necessary and expedient for the preservation
of the public safety. Also, no shrub shall extend beyond the curbline.
No shrub shall overhang or encroach into an alley. All shrubs
along alleys shall be trimmed to no closer than twelve (12") inches
to the public right-of-way.
Any shrub farther than ten (10') feet from any roadway shall
be trimmed to no closer than twelve (12") inches to any sidewalk area.
[Ord. #86-26, § IV]
Any new planting of shade trees, and shrubs shall first be approved
by the Shade Tree Committee.
No new planting shall occur within the area defined by ten (10')
feet from the roadway and within thirty-five (35') feet of the intersection
of two (2) roadways. (See Fig. A attached to and made a part of this
chapter).
All new plantings shall be pruned and trimmed as stated above
with regard to public right-of-ways, i.e., any roadway and any alley,
as well as any sidewalk area and any street light. This shall occur
at a time when the seedling has grown sufficiently to not be adversely
affected by each pruning and trimming.
This shall be determined by the Shade Tree Committee and enforced
by the Traffic Safety Officer.
[Ord. #86-26, § V]
A notice to cut shade trees, or shrubs to a minimum height of
eight (8') feet above the gutter line or to a maximum height of two
and one-half (2-1/2') feet higher than the curbline of the road, respectively,
shall be served either personally or by certified mail upon said owner
or tenant. Such notice may be signed by the Traffic Safety Officer
or by the City Clerk, and in either case, such notice shall give said
owner or tenant a maximum period of ten (10) days to correct the violation.
No shade tree or shrub shall be removed without first notifying the
Shade Tree Committee.
If a shade tree, or shrub has been trimmed and pruned to the
above specifications and is then deemed an obstruction to road work
to be performed by the City, a notice shall be served upon the owner
or tenant stating the City's intent to further trim that shade tree,
or shrub so as to avoid damage to it by heavy equipment. This additional
trimming shall be performed by the City at no cost to the owner or
tenant.
If a shade tree, or shrub has been trimmed and pruned to the
above specifications and is then deemed an obstruction to work to
be performed by a contractor, utility company, etc. notice of such
obstruction shall be served to the Traffic Safety Officer and owner
or tenant. Arrangements shall then be made for pruning or trimming
of such shade tree, or shrub by the contractor to the satisfaction
of the Traffic Safety Officer and owner or tenant.
[Ord. #86-26, § VI]
In the event that said owner or tenant fails or refuses to correct
the violation within said ten (10) day period, the required cutting
shall be performed by the City of Ocean City under the direction of
the Superintendent of Parks Bureau, and in such case, a record of
the time and expense involved in the cutting shall be filed with the
City Clerk, and the City Clerk shall then certify the costs thereof
to the City Council who shall examine the City Council who shall examine
the City Clerk's certificate and, if found correct, shall cause the
costs as shown thereon to be charged against said land, or in the
event that such cost is excessive, to cause the reasonable cost thereof
to be charged against said land. The amount so charged shall forthwith
become a lien upon such land and shall be added to and become and
form part of the taxes next to be assessed and levied upon such land,
the same to bear interest at the same rate as other taxes and shall
be collected and enforced by the same officers and in the same manner
as taxes, and such charge shall be in addition to any fine or penalties
imposed under this section.
[Ord. #86-26, § VII]
Nothing contained in the preceding section shall be construed
as limiting or prohibiting the City of Ocean City from bringing an
action at law to recover the costs of such cutting when carried out
by the City of Ocean City whenever such action at law is authorized
by State Statute.
[Ord. #86-26, § VIII]
In addition to the provisions of Subsection 17-7.5 hereof, the violation of any of the provisions of this section shall, upon conviction, be subject to a penalty established in Chapter 1, § 1-6.
|
FIGURE A
|
|---|
 |
[1]
Editor's Note: Previous ordinances contained herein include
Ordinance No. 88-17.
[Ord. #90-12, § 1; Ord. #07-48, § 1;
Ord. #13-13, § 1]
The New Jersey Mandatory Source Separation and Recycling Act
mandates the separation, collection and disposition of recyclable
materials. In an effort to reach the goal of fifty (50%) percent reduction
of municipal solid waste and a sixty (60%) percent reduction of all
solid waste through source separation and recycling by residential
and institutional establishments in Ocean City, we include herein
these guidelines. These guidelines are set forth from the State of
New Jersey Solid Waste Management Plan and the Cape May County Solid
Waste Management Plan. The above mentioned Plans are administered
by the New Jersey Department of Environmental Protection (NJDEP) and
the Cape May County Municipal Utilities Authority (CMCMUA). The City
of Ocean City recognizes that the cost of disposing of solid waste
is increasing while available landfill facilities are decreasing.
The reduction of the amount of solid waste and conservation of recyclable
materials is an important public concern because of the growing problem
of solid waste disposal and its dramatic impact on the environment.
Additionally, the reduction of solid waste, and increase in recyclable
materials will reduce the cost of landfill disposal fees and extend
the life of existing landfills. The collection of used materials,
for the purpose of recycling, from both residences and businesses
in the City of Ocean City will serve the general public interest from
a financial and environmental prospective. It is the intention and
desire, therefore, of the City of Ocean City, to provide a mechanism
for the proper collection, removal and disposal of all solid waste
and recyclable materials from Ocean City, New Jersey and to promote
and encourage the fullest possible citizen participation in this program.
[Ord. #90-12, § 2; Ord. #95-10, § 1;
Ord. #07-48, § 1; Ord. #13-13, § 2]
For the purpose of this section, the following terms, phrases
and words and their derivatives shall have meanings given herein.
a.
NON-RECYCLABLE MATERIAL - Shall mean all those materials which are
solid waste and nonhazardous in nature, but not defined as a recyclable
item and which is normally placed at curbside or alley for collection.
1.
GARBAGE - The waste produced by the handling, preparation, cooking
and consumption of animal or vegetable products used for human consumption.
This definition shall include any other matter that is also subject
to decomposition, decay, putrefaction or the generation of noxious
or offensive gases or odors or which, before, during, and after decay,
may serve as feeding or breeding material for animals or flies or
other insects.
2.
TRASH - Waste accumulations of contaminated paper, ashes, sweepings,
dust, rags, any type of styrofoam or any other waste material of any
kind, other than garbage, which is common to residential or commercial
housekeeping.
3.
BUILDING MATERIAL - Any material such as lumber, wood free of nails,
brick, block, stone, plaster, concrete, roofing shingles, gutters
and other substances accumulated as the result of repairs, additions,
construction and demolition of existing or new buildings or structures.
4.
NONRECYCLABLE BULK ITEMS - Items including but not limited to furniture,
carpet, car parts and motors and other material which due to their
large size, cannot be considered to be part of normal household nonrecyclable
material.
b.
DESIGNATED RECYCLABLE MATERIALS - Shall mean those materials designated
within the Cape May County Solid Waste Management Plan to be source
separated for the purpose of recycling by residential, commercial,
institutional and industrial sectors. The recycling of these materials
is mandatory; they cannot be disposed of as solid waste. The source
separated recyclable materials that are mandated for recycling are
organized into the following categories, which include but are not
limited to:
1.
GLASS - All food and beverage containers made from silica or sand,
soda ash and limestone, the product being transparent or translucent
and being used for packing or bottling of various matter and all other
materials commonly known as glass excluding blue and flat glass commonly
known as window glass, mirrors, milk glass, crystal, china and ceramic
material, in addition to light bulbs.
2.
MIXED PAPER PRODUCTS - Newspaper with inserts, magazines, office
paper, junk mail including shredded paper, telephone and paperback
books, corrugated cardboard, brown paper bags, non-foil wrapping paper,
and chipboard packaging including but not limited to dry food boxes
(cereal, rice, pasta, cookie and cracker), gift, shoe and tissue boxes,
powdered detergent boxes, paper towel rolls, clean pizza boxes (no
food debris) and cardboard beverage carriers. Remove and throw away
all liner bags, food contaminated paper and waxed-coated cardboard
boxes. Shredded paper may be placed in a clear plastic bag.
3.
METALS - All food and beverage containers made of metal, including
tin cans, bi-metal cans, aluminum cans, aluminum food containers,
empty aerosol cans and containers, two and one-half (2 1/2) gallons
or less in size, excluding lawn chairs, screen frames, and other types
of scrap metals, washers, dryers, microwaves, stoves, hot water heaters,
and other white goods.
4.
MIXED PLASTIC CONTAINERS - Plastic containers imprinted with a 
(PETE), 
(HDPE), 
(PVC), 
(LDPE), 
(PP), 
(PS) or 
(Other)
(PETE), 
(HDPE), 
(PVC), 
(LDPE), 
(PP), 
(PS) or 
(Other)on the bottom, five (5) gallons or less in size, including bottles,
jugs, jars and other rigid plastic containers. Plastic containers
from food, beverage, health, beauty and cleaning products are included.
Examples include, but are not limited to: margarine tubs, microwave
trays, yogurt containers, plastic buckets and landscape pots. No Styrofoam
packaging. No polystyrene egg cartons. No beverage cups. No PVC pipe.
No plastic film. No plastics which contained chemicals or hazardous
products, such as motor oil or pesticide containers. All food and
liquid residue shall be removed from containers
5.
YARD WASTE AND BYPRODUCTS - Including grass, leaves, vegetative growth,
scrubs, Christmas trees, pruning and branches less than four (4")
inches in diameter.
6.
COMPUTERS AND CONSUMER ELECTRONICS - Shall mean electronic devices
that include but are not limited to: computer central processing unit
and associated hardware including keyboards, modems, printers, scanners
and fax machines, cathode ray tubes, cathode ray tube devices, flat
panel displays or similar video display devices with a screen that
is greater than four (4") inches measured diagonally and that contains
one or more circuit boards including, but not limited to, televisions
and cell phones. Also includes VCRs, radios and landline telephones.
7.
(Reserved)
8.
SCRAP METALS - Shall refer to but not limited to such items as aluminum
siding, window frames, lawn chair frames and other clean household
and commercial aluminum and ferrous and tin, but not aluminum foil,
trays, plates and screening.
9.
WHITE GOODS - Large metal household and commercial appliances such
as, but not limited to, stoves, refrigerators, freezers, dryers, hot
water heaters and microwaves.
10.
WOOD - Wood or lumber that is free of nails, staples, wire, and not
covered by paint, varnish, or lacquer. In addition, wood or lumber
cannot be chemically treated.
11.
TIRES - Less than sixteen (16") inches in size without the rim, including
worn truck and passenger car tires.
12.
CMCMUA RECYCLING SERVICE AGREEMENT - A legal contract between the
City of Ocean City, New Jersey and Cape May County Municipal Utilities
Authority, which provides terms and conditions that both parties must
comply with when handling and treating designated recycling material.
In addition, the agreement states that the City of Ocean City shall
cause the delivery of all designated recycling material to the official
CMCMUA recycling drop off location, which is the Intermediate Processing
Facility.
13.
RECYCLING MATERIAL LIST - The Department of Public Works of Ocean
City will maintain an updated list of recycling materials accepted
from time to time by the CMCMUA Recycling Program.
c.
HAZARDOUS WASTE MATERIALS - Shall mean materials such as poisons,
acids, caustics, harmful or dangerous chemicals, infected materials,
offal, fecal matter, explosives, highly flammable material, asbestos
shingles and siding, paints, pesticides, oil and any other material
as defined hazardous or prohibited waste by the Cape May County Municipal
Utilities Authority or N.J.A.C. 7:26-1, Section 2.13(d).
d.
LITTER - Shall mean trash, garbage, refuse or any other discarded
material (used or unconsumed) which is discarded or thrown as herein
prohibited and tends to create a danger to public health, safety and
welfare.
e.
PUBLIC CONTAINERS - Shall mean any container owned by the City of
Ocean City, located on public property or on property publicly controlled
and to be used for the deposit of public trash or recyclables. "General
Public" is not to mean local resident and/or business owners/ operators
or employees.
f.
SOURCE SEPARATED - Shall mean the process by which recyclable materials
are separated at the point of generation by the generator thereof
from solid waste for the purposes of recycling.
g.
SINGLE STREAM RECYCLING - Shall mean the following source separated recyclable materials shall be mixed together and set out at curbside for collection: glass, mixed paper, metals, and mixed plastic containers as defined in Subsection 17-8.2b.
h.
MUNICIPAL RECYCLING COORDINATOR - Shall mean the person or persons
appointed by the municipal Governing Body and who shall be authorized
to enforce the provisions of this section, and any rules and regulations
which may be promulgated hereunder. This appointee shall also be responsible
to assure that all materials recycled in the municipality are properly
reported and recorded. The New Jersey Mandatory Source Separation
and Recycling Act requires that each municipality appoint at least
one individual as Municipal Recycling Coordinator who has successfully
completed all requirements mandated by the State of New Jersey to
be designated as a New Jersey Certified Recycling Professional.
i.
GENERATOR - Shall mean any person or commercial entity generating
material to be disposed as recyclable or non-recyclable material.
By State law the individual generator is responsible for separation
of recyclable material from nonrecyclable material.
j.
The word "shall" is mandatory.
[Ord. #90-12, § 3; Ord. #95-10, § 2;
Ord. #07-48, § 1]
a.
It shall be unlawful for any persons or party to cause or allow unsightly
litter, debris, foul or offensive odors or potentially hazardous materials
to remain or emanate from any property under their control or to discard,
abandon or cause the same on any public or private property within
the corporate limits of the City of Ocean City, New Jersey.
b.
Every occupied residence and commercial establishment in the City
of Ocean City, New Jersey, shall, at all times, have appropriate recycling
and nonrecycling containers, with secure lids when needed, as directed
by this section and/or as directed by the City.
c.
No person, firm or corporation, whether acting as contractor, agent,
employee, collector or owner, shall dump, deposit or dispose of any
garbage, animal matter, refuse, rubbish, debris, concrete, construction
material, tires, furniture, or salvage or waste material in or upon
any lands within the corporate boundaries of the City of Ocean City,
New Jersey, other than the designated and permitted areas as designated
by the City of Ocean City, New Jersey.
d.
The use or maintenance of any waste disposal area within the corporate
boundaries of the City of Ocean City, New Jersey, other than those
areas, if any, officially established by a New Jersey Department of
Environmental Protection Permit or officially designated by the City
of Ocean City, New Jersey, shall constitute a detriment to the public
health and a nuisance.
e.
The Ocean City Department of Public Works maintains a recycling drop
off facility for residents and businesses of the City of Ocean City,
New Jersey at municipally owned and controlled land at Shelter Road.
The Department maintains a listing of all of the following items,
which is updated as required:
f.
All persons, firms, corporation, operators, transporters, or any
entity who performs recycling work or activity within the corporate
boundaries of the City of Ocean City, shall comply with all provisions
of N.J.A.C. 7:26A4-4 (Tonnage Reporting Requirements).
[Ord. #90-12, § 4; Ord. #07-48, § 1;
Ord. #13-13, § 3]
a.
All nonrecyclable materials containers shall be made of a durable,
weather resistant, galvanized steel or plastic, with watertight lids
and have a capacity of not more than thirty-two (32) gallons. They
can be any color, except red.
b.
All recycling containers shall be made of durable, weather resistant,
galvanized steel or plastic, with a watertight lid, and have a capacity
of not more than thirty-two (32) gallons. They must have attached
in a clearly visible fashion to the side of the container, an official
"City of Ocean City" recycling sticker. Yard waste is also acceptable
in biodegradable Kraft (brown) paper bags. They must be "yard waste"
specific, Kraft bags designed and sold for the purpose of containing
this particular material.
c.
All containers, when filled with its contents, must not exceed fifty
(50) pounds in weight.
d.
All containers must be kept clean, free from liquids and of safe
construction and design.
e.
All collection containers must have clearly visible on one (1) side
of the container, the home address of the owner. This shall include
the house number, street and where appropriate, apartment number.
The size of the lettering to fulfill this requirement shall be no
smaller than one (1") inch and no larger than four (4") inches.
[Ord. #90-12, § 5; Ord. #95-10, § 3;
Ord. #07-48, § 1; Ord. #13-13, § 4; Ord. #2015-19
§ 2]
a.
The owner or occupant of any building within the City of Ocean City
shall place for collection, removal and disposal the following named
items in strict conformity with the following regulations:
1.
Recyclable and nonrecyclable materials shall be placed at curbside
or alley for collection on regular collection days. Recyclable and
nonrecyclable materials shall not be commingled, and all such materials
shall be separated prior to placement for collection.
2.
Nonrecyclable materials must be stored and placed for collection
in a sufficient number of approved containers.
3.
Bags (plastic, paper, burlap or otherwise) shall not be used for
the deposit of residential or commercial nonrecyclable materials unless
said bags are placed in approved containers with secure lids.
4.
All persons, firms, businesses, partnerships, corporations (including
condominium associations) who generate more recyclable material than
can be safely stored and placed for collection in approved containers
shall be required to provide for private collection, removal and deposit
at an appropriate processing facility unless other specific arrangements
have been made with the City of Ocean City Department of Public Works.
5.
All recyclable materials must be source separated from nonrecyclable
materials and placed for collection in the following manner: all mixed
paper, mixed plastic containers and metal as defined in the definitions
subsection of this section can be placed for collection in the same
container(s).
b.
Recyclable and nonrecyclable materials placed for collection at curbside,
shall be placed for collection no earlier than 5:00 p.m. of the day
prior to collection, and no later than 7:00 a.m. on the day of collection.
All containers must be removed by 11:00 p.m. on the day of collection.
c.
Recyclable and nonrecyclable containers must be placed at curbside
for collection between the sidewalk and the curb or adjacent to an
alley where they are easily accessible. Collection service shall not
be provided in areas where dogs or other animals interfere with the
collectors, or the access route is unsafe for collectors.
d.
Recycling and nonrecycling containers shall not impede pedestrian
or vehicular traffic.
e.
Nonrecyclable bulk items which cannot be placed in approved containers
as a result of their size or bulk shall be placed in a safe location
adjacent to non-recycling containers. These items shall be securely
tied, shall not exceed eight (8') feet in any dimension or one hundred
(100) pounds in weight. No more than one (1) nonrecycling bulk item
may be placed out for collection on any given collection day.
f.
All bulk items shall be placed for collection in a safe, easily accessible
location where they shall not impede vehicular or pedestrian traffic.
All bulk items containing airtight doors or covers and having a snap
lock or latch shall first remove the door or cover before placing
it for collection.
g.
Recycling and nonrecycling materials when placed for collection shall
be separated by at least three (3') feet.
h.
All wood shall be placed out for collection in a safe and secure
manner. All wood must be securely tied, and each bundle shall not
exceed forty-eight (48") inches in length and fifty (50) pounds in
weight. All nails, staples, or wires shall be removed or prepared
in such a fashion as they do not pose a hazard.
i.
All carpeting and related padding shall be placed out for collection
in a safe and secure manner. All carpeting and related padding must
be rolled and securely tied in bundles no longer that forty-eight
(48") inches in length, and weighing no more than fifty (50) pounds.
The maximum amount of carpeting and related padding that can be placed
out for collection is six (6) forty-eight (48") inch long rolls.
j.
All white goods collected by the City of Ocean City, must be registered
with the Department of Public Works in accordance with the terms and
conditions of the white goods recycling collection program.
k.
No construction debris generated by a homeowner, for-hire builder
or contractor will be collected by the City of Ocean City.
[Ord. #90-12, § 6; Ord. #07-48, § 1;
Ord. #13-13, § 5]
a.
The City of Ocean City or its agents shall collect, remove and dispose
of all nonrecyclable trash material from all dwellings and commercial
establishments where said material is placed for collection in approved
containers as described herein.
b.
The City of Ocean City or its agents shall collect, remove and deposit
to an appropriate processing facility all recyclable materials from
all dwellings and commercial establishments where said material is
placed out for collection in the approved containers and in the appropriate
location, as set forth by this section.
c.
The following materials, collected curbside, must be source separated
and recycled through the municipal recycling program. All items except
white goods are also accepted at the Ocean City Recycling Center at
Shelter Road.
e.
The following materials must be source separated and recycled by
the generator at CMCMUA approved recycling facilities, or any NJDEP
approved recycling facilities.
f.
The Department of Public Works of Ocean City will maintain an updated
list of the approved recycling facilities which accept materials not
taken at the Ocean City Recycling Center.
g.
Some items accepted at the Ocean City Recycling Center are only accepted
from residential generators. The Recycle Center rules may be amended
as needed.
[Ord. #90-12, § 7; Ord. #07-48, § 1]
a.
No one except the City of Ocean City, New Jersey, its agents, servants
or employees, or holders of duly authorized permits issued by the
City of Ocean City shall use the public streets, alleys, avenues,
boardwalks, beaches or highways of Ocean City, New Jersey, for the
purpose of collecting trash, garbage, recyclable materials or any
other matter that may become dangerous to the public health, safety
and welfare.
b.
No person or party shall place any recycling, non-recycling, hazardous
waste materials, litter, solid waste receptacle and/or container on,
upon or over any storm drain/drainage ditch opening or so close thereto
as to be drawn by the elements into the drain. Nor shall any person
or party place these items in a gutter, thereby causing blockage of
stormwater flows or possible blockage of storm drainage system if
carried by elements into the drain.
c.
Recycling, nonrecycling, hazardous waste materials, litter or other
matter which is dangerous to the public health, safety and welfare
shall not be placed upon any lot, property, public street, sidewalk,
alley, boardwalk, beach or other public or private place. It shall
be unlawful and a violation of this section to fail to remove such
materials if instructed by appropriate officials of the City of Ocean
City.
d.
No person, firm, corporation, partnership or association shall place
or store outside any building, structure or dwelling, except as provided
herein, any dilapidated furniture, appliance, vehicle, machinery,
equipment, building material, or any other item which is either wholly
or partially rusted, junked, dismantled, ruined or in any inoperative
condition unless such material is completely enclosed within a building,
structure or dwelling.
[Ord. #90-12, § 8; Ord. #07-48, § 1]
a.
No person, except employees or agents of the City of Ocean City acting
in their official capacity, shall overturn, spill scatter, root through
or pull apart any recycling, nonrecycling, hazardous waste or litter
materials. No person shall remove or place anything into any solid
waste receptacle, container or bundle which is placed for collection.
b.
No person, firm, corporation, partnership or association, except
agents, servants and employees of the City of Ocean City acting in
their official capacity, shall pick up or cause to be picked up or
collected any recyclable materials which have been placed for collection.
Each such collection shall constitute a separate and distinct offense.
c.
No person, firm, corporation, partnership or association shall place
any material into any solid waste container without the prior approval
of the owner or lessee of said container. This provision shall not
apply to employees or agents of the City of Ocean City acting in their
official capacity.
d.
No person, firm, corporation, partnership or association shall place
or cause to be placed any recyclable, nonrecyclable, hazardous waste
or litter material into a public container, without the prior approval
of the Department of Public Works.
[Ord. #90-12, § 9; Ord. #07-48, § 1]
a.
The owners (including property associations and condominium associations)
shall be jointly and severally liable with their tenants, lessees
and occupants for violations of the provisions of this section.
b.
It shall be the duty of the owner to provide a proper and adequate
number of approved containers for both recycling and nonrecycling
trash collection.
c.
It shall be the duty of the owner to provide official City of Ocean
City guidelines for recycling and trash collection in the form of
a brochure, magnet, sticker or other approved media.
d.
It shall be the duty of the owners to maintain collection containers
in good repair, in a clean and safe condition, and to properly store
and place out for collection trash and recyclable materials as outlined
and described in this section.
[Ord. #90-12, § 10; Ord. #95-10, § 4;
Ord. #07-48, § 1]
a.
The Mayor or his duly authorized designee shall be the enforcing
agency for this section.
b.
The Mayor or his duly authorized designee shall issue written warnings
and summonses for violations of this section.
c.
The Mayor may in an emergency situation, suspend appropriate and
needed sections of this section for a prescribed period of time, to
facilitate the removal of solid waste in the interest of public safety
and welfare.
d.
The Cape May County Health Department (CMCHD) shall be empowered
to enforce the provisions of this section. The City of Ocean City
shall retain primary enforcement responsibility with the CMCHD serving
in a secondary enforcement role for nonresidential establishments
only, and only with proof of prior enforcement problems.
[Ord. #90-12, § 11; Ord. #95-10, § 5;
Ord. #07-48, § 1]
[Ord. #09-15, § 1; amended 5-27-2021 by Ord. No. 21-17]
The purpose of this section is to require refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and the spilling, dumping, leaking, or otherwise discharge of liquids,
semi-liquids or solids from the containers to the municipal separate
storm sewer system(s) operated by the City of Ocean City and/or the
waters of the State so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. #09-15, § 1; amended 5-27-2021 by Ord. No. 21-17]
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 City of Ocean City or other public body, and is
designed and used for collecting and conveying stormwater. MS4s do
not include combined sewer systems, which are sewer systems that are
designed to carry sanitary sewage at all times and to collect and
transport stormwater from streets and other sources.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether owned, leased, or operated, including trash cans, garbage pails, and plastic trash bags. Refuse container does not mean construction dumpster used specifically for disposal of construction and/or demolition materials and/or debris, for which regulations are set forth in section 23-5.1 of the City's Administrative Code.
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.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. #09-15, § 1; amended 5-27-2021 by Ord. No. 21-17]
a.
Any person who controls, whether owned, leased, or operated, a refuse
container must ensure that such container is covered at all times
and shall prevent refuse from spilling out or overflowing.
b.
Any person who owns, leases or otherwise uses a refuse container
must ensure that such container or dumpster does not leak or otherwise
discharge liquids, semi-liquids or solids to the municipal separate
storm sewer system(s) operated by the City of Ocean City.
c.
The owner or lessor of a refuse container shall ensure that public
streets are protected during the loading/unloading operations and
placement and use of the refuse container.
d.
The owner or lessor of a refuse container shall ensure that recyclable
materials, such as cardboard and glass, are properly separated.
e.
Refuse containers shall not be placed on public streets or alleys.
[Ord. #09-15, § 1; amended 5-27-2021 by Ord. No. 21-17]
[Ord. #09-15, § 1; amended 5-27-2021 by Ord. No. 21-17]
This section shall be enforced by the Police Department, Zoning
Official and/or Code Enforcement Officer of the City of Ocean City.
[Ord. #09-15, § 1; amended 5-27-2021 by Ord. No. 21-17]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed one hundred
($100.00) dollars.
[Ord. #09-15, § 1; amended 5-27-2021 by Ord. No. 21-17]
Every dumpster site in Ocean City shall have a sign at least
eight (8") inches in width and ten (10") inches in height posted conspicuously
at the site which shall contain the dumpster permit issued by the
City, as well as a contact telephone number for people to call.
