[1]
Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 321 and 520.
[Ord. #0-94-17, S 1; amended 9-17-2025 by Ord. No. O-25-17]
a.
No garbage or recyclables, or the receptacles containing the same, shall be placed out for collection prior to 4:00 p.m. of the day preceding the scheduled collection. No garbage or recyclables, or the receptacles containing the same, shall be placed out for collection after 6:00 a.m. of the day scheduled for collection. All receptacles for the collection of garbage and recyclables shall be taken in, from curbside, no later than 8:00 p.m. of the day scheduled for collection.
b.
No garbage or recycling container shall be placed more than three feet from the front line of the house, unless the placement is not visible from the street.
[Ord. #0-94-17, S 2]
No person shall deposit any plastic oil container as part of the Borough's voluntary plastic recycling program. Any receptacles for plastic which are deposited as part of the voluntary recycling program shall be pourable containers of one gallon or less in size, and must have a triangular recycling symbol with a "1" or "2" inside the triangle on the bottom of the container.
[Ord. #0-94-17, S 3]
No dumping or depositing of any material at the Borough yard, whether garbage or recyclables, shall be done after the posted hours for collection.
[Ord. #0-94-17, S 4]
No person who is not a resident of the Borough of West Long Branch shall be permitted to dump or deposit any garbage or recyclable at any of the locations provided for the same at the Borough yard.
[Ord. #O-07-14 SS 1—4; amended 9-17-2025 by Ord. No. O-25-17]
a.
Size and Weight of Garbage Receptacles. When placing garbage for collection by the Department of Public Works of the Borough of West Long Branch, the maximum size of any receptacle shall be 45 gallons, and the maximum weight of each receptacle shall be 50 pounds.
b.
Limit on Number of Receptacles. When placing garbage for collection by the Department of Public Works, there shall be no more than three receptacles placed for collection per household.
c.
Securing of Receptacles. All receptacles containing garbage which are placed for collection by the Department of Public Works shall have a secured lid. This requirement is made in order to avoid animal infiltration and to minimize the effects of the elements on garbage which is placed out for collection but has not yet been collected.
d.
No Plastic Bags. Plastic bags, unless they are inside a secured receptacle, shall not be placed for collection by the Department of Public Works. Plastic bags may, however, be placed for collection if there is no food waste or similar material contained in the bag(s).
[Ord. # O-12-6; amended 9-17-2025 by Ord. No. O-25-17]
a.
Purpose. The purpose of this subsection is to require all refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits 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 Borough of West Long Branch 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.
b. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERSON REFUSE CONTAINER STORMWATER WATERS OF THE STATE
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meaning given herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of West Long Branch or other public body, and is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
Shall mean any waste container that a person controls whether owned, leased or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
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 and ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
c.
Prohibited Conduct. Any person who controls, whether owned, leased, or operated, a refuse container must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
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 stormwater system(s) operated by the Borough of West Long Branch.
d.
Exceptions to Prohibition.
1.
Permitted temporary demolition containers.
2.
Litter receptacles (other than dumpsters or other bulk containers).
3.
Individual homeowner trash and recycling containers.
4.
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
5.
Large bulky items (e.g. furniture, bound carpet and padding, white goods placed curbside for pick-up).
e.
Enforcement. This subsection shall be enforced by the Director of Public Works, Recycling Coordinator, and/or Code Enforcement Officer of the Borough of West Long Branch.
[Added 12-17-2025 by Ord. No. O-25-21]
Any violation of this Section 15-1 may be heard on summons or complaint before the West Long Branch Municipal Court filed by any resident or official of the Borough. The penalty for a violation shall be:
[Ord. #440, S 1]
The purpose of this section is to regulate and control the collection and disposal of brush, tree limbs, leaves, other vegetation, and bulk items within the Borough.
All collection, disposal and transportation of these items shall be performed in accordance with the terms, conditions and regulations of this section and to such additional regulations as the Borough Council may prescribe in the future.
[Ord. #440, S 2; Ord. #O-99-8; amended 9-7-2022 by Ord. No. O-22-16]
[Ord. #440, S 3; Ord. #O-99-8; Ord. #O-11-4; amended 9-17-2025 by Ord. No. O-25-17]
Garden pruning materials, hedge clippings, weeds, twigs, vines and like items shall be placed in garbage containers and left at the curbside for pickup on regular garbage collection days. Grass clippings, dirt and sod shall not be placed for garbage at curb for collection either loose or in bags or containers or mixed with household or commercial trash. Contractors, landscapers, or tree experts performing services shall remove debris (ex. brush, tree limbs, branches, shrubs).
[Ord. #440, S 4; Ord. #O-99-8]
Only loose leaves will be picked up curbside in accordance with the West Long Branch Public Works Department residential pick-up schedule.
[Ord. #440, S 5; Ord. #O-99-8]
Any brush, tree limbs, branches or other vegetation which accumulates as the result of a contractor having performed services upon a given property, shall be removed by the contractor. This includes, but is not limited to, trees, limbs and stumps. These items shall not be left for collection by the Borough.
[Ord. #440, S 6; Ord. #458, S 6; Ord. #O-99-8]
Building materials, such as concrete, concrete products and old lumber from any new or old construction, or building, or building reconstruction (whether the building may have been torn down in whole or in part), shall be removed and disposed of by the property owner or his contractor. Such materials are not to be placed at the curbside for pickup by the Borough.
[Ord. #440, S 7; Ord. #O-99-8]
Refrigerators, freezers, air conditioners and dehumidifiers will not be collected. All other appliances and other metals of various types shall be placed at the curbside for pickup by the Borough on the fourth week of the month.
[Ord. #440, S 8; amended 6-5-2024 by Ord. No. O-24-17; 10-23-2024 by Ord. No. O-24-32; 10-23-2024 by Ord. No. O-24-32]
a.
Furniture shall be placed at the curbside for pickup by the Borough on the second garbage pickup day of the week. Rugs and carpets shall be rolled and cut in lengths of four (4') feet or less and placed at curbside for collection on the second garbage pickup day of the week. None of these items shall be left for collection on the first garbage pickup day of the week.
b.
No more than three items may be placed out for collection for any collection day.
[Ord. #440, S 8; Ord. #O-99-8; amended 8-4-2021 by Ord. No. O-21-10]
Tires may not be put out for collection and pickup by the Department of Public Works.
[Ord. #440, S 9]
All items to be collected by the Borough, as set forth in this section, are to be placed at curbside. This means that items may not be placed on sidewalks, nor may they be placed in the street.
[Ord. #440, S 10; Ord. #O-99-8; amended 9-17-2025 by Ord. No. O-25-17; 12-17-2025 by Ord. No. O-25-21]
For any violation of this section, the penalty for the property owner or contractor, as appropriate, shall be:
[Ord. #520, S 1; Ord. #O-99-8]
a.
Materials designated in the West Long Branch Recycling Ordinance, Sections 15-1, 15-2 and 15-3 shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:
1.
For each subdivision application for 50 or more single-family units, the applicant shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four week accumulation of mandated recyclables (including, but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans, plastic pourable beverage and detergent containers and mixed paper). The storage area may be located in the laundry room, garage, basement or kitchen.
2.
For each subdivision application for 25 or more multi-family units, the applicant shall provide a storage area of at least three square feet within each dwelling unit to accommodate a one week accumulation of mandated recyclables (including, but not limited to: newspaper, glass bottles, aluminum cans, tin cans and bi-metal cans, plastic pourable beverage and detergent containers and mixed paper). The storage area may be located in the laundry room, garage, or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.
3.
For each site plan application for commercial and industrial developments that utilize 1,000 square feet or more of land, the applicant shall provide the Municipal Agency with estimates of the quantity of mandated recyclable materials (including, but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans, plastic pourable beverage and detergent containers, high grade paper, and corrugated cardboard) that will be generated by the development during each week. A separated storage area must be provided to accommodate a one to four week accumulation of recyclable material. The Municipal Agency may require the location of one or more common storage areas at convenient locations within the development.
[1]
Prior ordinance history includes portions of Ordinance Nos. 464, 481, 492, 509, 574 and O-99-8.
[Ord. #O-11-20, S 1]
a.
The purpose of this section is to regulate and control the collection, disposal, transportation and marketing of recyclables within the Borough of West Long Branch, Monmouth County, New Jersey. All collection, disposal and transportation of glass bottles and jars, aluminum cans, pourable plastic containers, leaves, newspaper, mixed paper, corrugated cardboard, mixed paper, tin and bi-metal cans, used motor oil and demolition materials, shall be performed in accordance with the terms, conditions and regulations of this section, and with such additional regulations as the Borough Council, the Board of Health, the County of Monmouth, and/or the State of New Jersey may prescribe in whatever statutory form required.
b.
It shall be mandatory for all persons who are owners, lessees or occupants of residential property to separate leaves, glass bottles and jars, aluminum cans, pourable plastic containers, newspaper, mixed paper, tin and bi-metal cans, used motor oil and demolition materials as hereinafter defined, from all other solid waste produced by such residents, for the separate collection and ultimate recycling of said materials.
c.
It shall be mandatory for all owners, lessees or occupants of business and industrial property and of private, public and governmental institutions and buildings to separate leaves, glass bottles and jars, aluminum cans, pourable plastic containers; newspaper, corrugated cardboard, mixed paper, tin and bi-metal cans, used motor oil and demolition materials from all other solid waste produced by said establishments, for the separate collection and ultimate recycling of said materials.
[Ord. #O-11-20, S 2]
Shall mean and include all disposable cans made of aluminum, including aluminum containers used for soda, beer or other beverages. Such containers do not include aerosol cans or cans that have been used to contain any substance that has been, or may be declared, a contaminant, such as, but not limited to, cans used to hold paint, tar, motor oil, thinners. Also excluded are aluminum foils, pie tins, trays, cookware and other aluminum products.
Shall mean layered cardboard including a waffled section between the layers, of the type commonly used to make boxes and cartons.
Shall mean and include asphalt, concrete, tree stumps, large tree parts, pallets and clean lumber (i.e., 2x4s, 2x8s, and other new wood for construction).
Shall mean and include all bottles and jars without lids or covers, commonly known as glass, regardless of color. Labels upon the glass may remain and need not be removed. Metal pieces on the glass bottle or jar may remain and need not be removed. Lids or covers on glass bottles or jars, which lids or covers are not made of glass, must be removed. Dishware, light bulbs, window glass, ceramics and other glass products are not acceptable.
Shall mean high grade bond paper, mixed office and school papers, such as stationary, construction paper and writing tablets, including computer printouts, magazines, gift wrapping paper, soft cover books, junk mail and single-layer cardboard (chipboard). Specifically excluded are carbon papers, hard cover books (unless cover and binder are removed), paper cups and plates, food wrappers or any other paper contaminated by direct contact with food products, and paper products used for personal hygiene, such as tissues.
Shall mean and include paper of the type commonly referred to as newsprint, and includes any inserts which are normally included in the newspaper. Specifically excluded are any pages of the newspaper used for household projects and crafts, such as painting or paper mache projects, or used for cleanup of pet waste.
Shall mean and include plastic water bottles, milk jugs, soda bottles, juice jugs, and laundry and dish detergent jugs one gallon or less in size and must have a triangular recycling symbol with a "1" (plastic resin type #1 PET) or "2" (plastic resin type #2 HDPE) inside the triangle on the bottom of the container. Lids or covers must be removed. Specifically excluded are other resin types (#2 through #7) and non-bottle plastic containers such as margarine tubs and other consumer items and packages, such as film plastics, blister packaging, boxes, baskets, toys and other products.
Shall mean and include all garbage and rubbish normally produced by the occupants of commercial, industrial and residential property and disposed of by private or public pickup.
Shall mean all disposable cans made of tin, steel or a combination of metals including, but not limited to, containers commonly used for food products. Specifically excluded are cans which contain toxic products, such as paints and oils.
[Ord. #O-11-20, S 3; amended 8-4-2021 by Ord. No. O-21-10; 9-17-2025 by Ord. No. O-25-17]
a.
Newspaper shall be bundled with twine or rope, in bundles not to exceed 50 pounds, and left at the curb for collection in accordance with the date of collection fixed by the Borough.
b.
Leaves shall be placed in loose condition free of branches, limbs, brush, hedge and grass clippings and other yard debris at the curb for collection in accordance with the West Long Branch Public Works Department residential pick-up schedule. Leaves shall never be mixed with normal garbage. Commercial, industrial and institutional properties designated by the Borough for private garbage collection shall be responsible for disposing of leaves through a private recycler. No property owner, lessee, or occupant of residential or other property shall place grass clippings at the curb for collection, nor shall they mix grass clippings with household or commercial trash for disposal.
c.
Plastic pourable containers shall be emptied of their contents, crushed, if possible, and placed mixed together with glass bottles and jars, aluminum cans and tin and bi-metal cans in solid containers (i.e., a recycling pail) and placed at curbside for collection, the dates of collection to be fixed by the Borough.
d.
Mixed paper shall be placed in a solid recycling container, maximum 20 gallon capacity, and placed at the curb for collection, the date of collection to be fixed by the Borough. Mixed paper shall not be placed in bags for collection.
e.
Glass bottles and jars, aluminum cans, and tin and bi-metal cans shall be emptied of their contents and rinsed out and placed mixed together in a solid container (i.e., recycling pail) and placed at curbside for collection in accordance with the dates of collection fixed by the Borough.
f.
All containers for glass bottles and jars, aluminum cans, tin and bi-metal cans, and plastic pourable containers shall have drain holes in the bottom and be a maximum of 20 gallons in size.
g.
Each property owner, lessee and occupant of residential and other property designated by the Borough for municipal collection shall be allowed a maximum of three containers of recyclables to be picked up by the Department of Public Works on any designated collection day. Each named person or entity herein shall be allowed a maximum of three bulk items to be placed for collection by the Department of Public Works on any designated bulk collection day.
h.
Automotive and other vehicle or wet cell batteries, used motor oil and anti-freeze shall not be disposed as solid waste. Such items are to be kept separate from other waste materials and recyclables, and brought to local service stations, scrap yards, or publicly-operated recycling facilities designed and permitted to handle such products. These items shall not be placed at the curb for collection by the Public Works Department.
i.
Demolition materials shall be delivered to a recycler of these materials by the contractor doing the work and/or by the property owner, lessee or occupant of all residential, commercial, industrial or institutional property. Demolition materials shall not be placed at curbside for pickup by the Borough of West Long Branch. It is the responsibility of the property owner, lessee or occupant to see that these demolition materials are removed from the property and not placed for collection by the Borough.
j.
Computers, computer monitors and other related electronic hardware, as well as analog and digital televisions, are prohibited from being placed with other solid waste for disposal. These and other electronic devices shall be kept separate and brought to retail outlets or publicly-operated recycling facilities providing specific arrangements for shipment of these items to appropriate processing facilities.
k.
Common, nonrechargeable dry cell batteries, commonly labeled A, AA, AAA, C, D and 9-Volt may be disposed with regular municipal solid waste; however, rechargeable dry cell and button batteries still contain significant amounts of various toxic metals, including mercury, and shall be separated and brought to retail outlets or publicly-operated recycling facilities providing specific arrangements for the proper packaging and shipment of rechargeable and/or button batteries to appropriate processing facilities.
l.
The following bulky recyclables shall not be placed with solid waste at the curbside or in containers provided for waste collection and transportation to a disposal facility: concrete, asphalt, brick, block, tree stumps, tree limbs over three (3") inches in diameter, metal appliances or bulk metal items larger than one cubic foot and/or heavier than five pounds.
m.
Residences, businesses and institutions provided with recyclable collection service by municipal forces or through municipal contract shall place all designated recyclables in the appropriate containers at curbside in the manner and schedule as regularly published and distributed by the municipality.
n.
Any multi-family complex, business or institution not provided recyclable collection service by municipal forces or through municipal contract shall be responsible for arranging the appropriate separation, storage, collection and ultimate recycling of all designated recyclables.
o.
Recyclables shall not be placed in plastic bags at the curb for collection.
p.
All business, industrial and institutional property owners shall separate clean and unsoiled corrugated cardboard and mixed paper from solid waste. These items shall be disposed of by the owner, lessee and/or occupant of the property through a private recycling contractor. Properties which are designated by the Director Public Works or Recycling Coordinator as having small amounts of these items may bring such items to the drop-off center at the Public Works Garage. The corrugated cardboard shall be securely tied with twine or rope in flat bundles, none of which shall weigh more than 50 pounds.
q.
Boxes and corrugated cardboard dropped off at the Public Works Garage must be flattened prior to placing in approved recycling bins.
[Ord. #O-11-20, S 4; amended 9-17-2025 by Ord. No. O-25-17; 12-17-2025 by Ord. No. O-25-21]
All designated recyclables become the property of the Borough of West Long Branch and/or the contracted collector once placed at the curbside or brought to and accepted at the municipal recycling center.
It shall be a violation of this section for any unauthorized person to pick up or cause to be picked up any recyclable materials as defined herein. Each such collection shall constitute a separate and distinct offense.
Notwithstanding anything herein to the contrary, any person may donate or sell self-generated recyclable materials to any person, partnership or corporation, whether or not operating for profit. The person, partnership or corporation, however, shall not pick up the recyclable materials curbside.
For any violation of this section shall be punishable by a fine of:
[Ord. #O-11-20, S 5]
No liquids of any type shall be placed with recyclables, or with solid waste for collection and disposal.
No chemicals, liquid paints, pesticides, herbicides, reactive polishes or cleansers, cleaning or automotive products, or other hazardous wastes shall be placed with recyclables, or with solid waste for collection and disposal.
[Ord. #O-11-20, S 6]
All apartment and other multi-family complexes, businesses, schools and other public or private institutions shall provide separate and clearly marked containers for use by residents, students, employees, customers or other visitors, for trash and the various types of recyclables, as appropriate.
Any company or agency providing dumpsters, roll off or other containers to any apartment or other multi-family complex with shared disposal and recycling areas, or to any business, school or other institution, or for any construction/demolition project, shall clearly mark such container for trash or for specific recyclables, as may be appropriate.
[Ord. #O-11-20, S 7]
The municipality shall issue construction and demolition permits only after the applicant has provided a Debris Management Plan identifying the estimated number and types of containers to be used for the handling of all solid wastes and recyclables generated during the project, and arrangements for the proper disposition of the generated materials.
As part of the application process, the applicant shall provide copies of receipts or other available records noting the quantity and disposition of all materials.
[Ord. #O-11-20, S 8]
The duties of the Recycling Coordinator shall include, but are not limited to: the arranging for the dates and types of collection of recyclables, as set forth in this section, together with the processing and marketing of the same; the preparation of annual or other reports as required by State and County agencies regarding local solid waste and recycling programs; reviewing the performance of local schools and municipal agencies in conducting recycling activities; periodic review of local residential and business recycling practices and compliance; review and recommendation on local subdivision and site plan submittals and local construction and demolition projects for appropriate waste disposal and recycling provisions; reports to the governing body on the implementation and enforcement of the provisions of this section; and such other reports and activities as may be required by the governing body.
The Recycling Coordinator shall be required to comply with the certification requirements for municipal recycling coordinators, as established by the State of New Jersey. The Recycling Coordinator shall have completed or be in the process of completing the requirements for certification as a "Certified Recycling Professional" (CRP) no later than January 13, 2012, as required by the New Jersey Recycling Enhancement Act.
[Ord. #O-11-20, S 9]
Any multi-family complex, business or institution which is not provided recyclable collection service by municipal forces or through municipal contract shall provide the Borough's Recycling Coordinator with, at a minimum, an annual report describing arrangements for both solid waste and recyclables collection services, including the size, number and location of storage containers, frequency of pickup service, the name and address of any contractor hired to provide such service, and phone and other contact information for the contractor.
[Ord. #O-11-20, S 10]
The duly appointed Municipal Recycling Coordinator, the Public Works Director, the Code Enforcement Officer, and the Monmouth County Health Department are hereby jointly and severally empowered to inspect solid waste and recycling arrangements and compliance at local residences, businesses, schools and institutions, and to enforce the provisions of this section by issuance of warnings, notices, summonses and complaints. A typical inspection may consist of sorting through containers and opening bagged solid waste to detect the presence of recyclable materials.
The authorized inspector, in his or her discretion, may issue a warning rather than a summons following an initial inspection(s), with a follow-up visit to determine compliance within a stated period of time.
[Ord. #O-11-20, S 11; amended 9-17-2025 by Ord. No. O-25-17]
The penalties which shall be imposed for any violation of this section shall be as follows:
[Amended 11-4-2024 by Ord. No. O-24-33]
[Ord. #462, S 1; Ord. #498, S 1; amended 11-4-2024 by Ord. No. O-24-33]
It shall be unlawful for any person, partnership, business, corporation, public utility, authority or any other entity to cut into, excavate, open, tunnel, undermine, occupy, deposit materials or disturb in any manner, any of the streets, roads, sidewalks, curbs, public easements or any portion of the right-of-way of the Borough for any purpose without first making written application to the Borough Clerk and obtaining a permit from the Borough Clerk consistent with the requirements of this section. Before the issuance of the permit, the applicant shall have filed with the Clerk a restoration/reconstruction bond or guaranty for performance approved by the Borough Engineer as to the amount and the Borough Attorney as to the form of same, signed by the applicant and guarantor and conditioned upon compliance with this section. The bond shall ensure the restoration of any disturbed area in accordance with Section 15-4.7 of these regulations.
[Ord. #462, S 2; Ord. #498, S 2; amended 11-4-2024 by Ord. No. O-24-33]
a.
Applicant shall submit a written application for the issuance of such permit to the Borough Clerk, signed by the person making the application or by a duly authorized agent, and containing the following information:
1.
Name, address and telephone number, and e-mail of the person or entity for whom the work is to be performed.
2.
Location of the work area, including a map or sketch for projects of 200 square feet or less.
3.
Plans prepared by a licensed professional engineer in the State of New Jersey showing existing roadway elevations, existing utilities, proposed utilities, profiles, cross sections, proposed roadway grades, and construction details.
4.
A written outline or plan describing the work to be performed, including a description of proposed materials, chosen utility locations, any anticipated conflicts, impacts to residents or businesses and need for the opening.
5.
Number of square feet of surface to be opened for non-linear openings and total length of openings for linear projects.
6.
Cubic content of material to be excavated.
7.
Type of surface to be removed or disturbed.
8.
Cubic content of material to be borrowed or imported.
9.
Approximate date and time of commencement and estimated date of completion with an agreement by the applicant to refill or resurface the opening or excavation so that the street surface shall be restored to the same condition, or better, in which it was before.
10.
The types of proposed traffic control devices and procedures to be utilized for the project, which devices and procedures shall be in conformity with the guidelines set forth in the Manual of Uniform Traffic Control Devices, current edition, hereinafter called the "MUTCD." The names and telephone numbers of at least two persons responsible on a twenty-four-hour call basis to handle emergency repairs for the contractor.
11.
Proof that all applicable local, County, regional, State and Federal approvals/permits required to perform the work have been received.
b.
The Borough Engineer shall review the application for a Road Opening Permit and make a determination of completeness within 15 days of submission. An application will be deemed complete when the information required by this section, inclusive of the nonrefundable permit application fee, have been received by the Borough and approved for administrative completeness by the Borough Engineer. In the event an application is deemed incomplete, the permit will be considered denied. If resubmitted within 90 days, all previously paid fees will be credited. In no case shall a permit be issued without compliance with this section.
c.
Within 30 days of the Borough Engineer's determination that the application is complete, the Borough Engineer shall review submitted materials for technical compliance with these regulations and shall advise the Borough Clerk, who will issue a permit with conditions deemed to be reasonably necessary to carry out the purposes of this section, (i.e. a conditional permit subject to submission of further documents specifically required by this section) or decline to issue a permit consistent with the requirements of this section.
[Ord. #462, S 3; Ord. #498, S 3; amended 11-4-2024 by Ord. No. O-24-33]
An applicant shall furnish to the Borough proof, in writing to the Borough Clerk, that the applicant has in force, and will maintain in force during the performance of the proposed permit activities, liability insurance, naming the Borough of West Long Branch, its agents, employees and servants, as an additional insured. The insurance provided shall be in an amount not less than $300,000 for any one person, and $1,000,000 for any one accident, and shall include property damage insurance of not less than $100,000, duly issued by an insurance company authorized to do business in this State. All insurance shall provide that written notice of cancellation must be given to the Borough at least 30 days prior to effective cancellation date.
[Ord. #462, S 4; Ord. #498, S 4; Ord. No. O-2015-2 §§ 2-4; amended 11-4-2024 by Ord. No. O-24-33]
a.
For each road opening permit, the applicant shall pay to the Clerk an application fee as follows:
Application Fee Schedule | |
|---|---|
Type of Opening | Required Application Fee |
Minor Openings (up to 200 S.F.) | $300 |
Major Linear Openings (Length/Width > 3.0 feet) | $500 plus: • $5 L.F. for the first 500 feet • $4 L.F. for the next 500 feet • $3 L.F. for the next 500 feet • $2 L.F. for the next 1,500 feet • $1 L.F. for all additional length |
Major Non-Linear Openings (Length/Width < 3.0 feet) | $300 plus: • $3 S.F. for the first 300 S.F. • $2 S.F. for the next 200 S.F. • $1 S.F. for all additional area |
b.
For each road opening permit, the applicant shall pay the Clerk an inspection fee as follows:
Inspection Fee Schedule | |
|---|---|
Type of Opening | Required Fee |
Minor Openings (up to 200 S.F.) | $300 |
Major Linear Openings (Length/Width > 3.0 feet) | $300 plus: • $8 L.F. for the first 1,000 feet • $5 L.F. for all additional length |
Major Non-Linear Openings (Length/Width < 3.0 feet) | $300 plus: • $5 S.F. for the first 500 S.F. • $3 S.F. for all additional area |
c.
Security for performance:
1.
For road opening permits of 200 square feet or less, the applicant must furnish to the Borough a cash deposit or surety bond (restoration) to guarantee that the opening made by the applicant will be properly restored. The bond amount shall be $20 per square foot. A minimum performance guarantee of $500 shall be required.
2.
In the case of openings more than 200 square feet, the applicant must furnish to the Borough a cash deposit or surety bond (restoration bond) to guarantee that the opening made by the applicant will be properly restored as required by section 7. The amount of the restoration/reconstruction bond shall be calculated by the Borough Engineer consistent with the same procedure as outlined in N.J.S.A. 40:55D-1 et seq. for posting of performance bonds.
3.
In addition, for road openings of more than 200 square feet, upon completion of the work in a satisfactory manner, the restoration/reconstruction bond or cash deposit shall be released in return for a maintenance bond or cash guarantee that the road, street, or highway over the same will remain in good condition for two years after the closing by the applicant. The minimum amount of each maintenance bond shall be 25% of the amount of the cash or surety bond but shall not be less than $500.
4.
In lieu of a performance bond per job, any utility regulated by the BPU or any contractor expecting to request multiple permits per year, may post a blanket performance guarantee in the minimum sum of $10,000 with the Borough on an annual basis. Ninety percent may be by surety pursuant to paragraph c1 and this subsection and 10% by cash or certified check. In the event the Borough Engineer determines that the cost of proper restoration of the area disturbed and pavement surface will exceed the amount of the blanket performance guarantee, an additional performance guarantee for that particular job, in an amount to be determined by the Borough Engineer, shall be posted by the permittee prior to the issuance of any permit(s).
[Ord. #462, S 5; Ord. #498, S 5; amended 11-4-2024 by Ord. No. O-24-33]
If an applicant fails to restore any street, highway or road to its original condition as required by this section, the Borough shall provide applicant with notice and reasonable opportunity to cure. In the event an applicant refuses to cure, the Borough may perform the restoration work on its own and proceed against the applicant, person, corporation or entities or others to recover any damages or costs of monies, including attorneys fees, the Borough may have lost or sustained or incurred and further, at its option, the Borough may file suit or take action to pursue its remedies according to law or equity and take action on the bond and guaranties that may be filed with the Borough Clerk as herein provided.
[Ord. #462, S 6; Ord. #498, S 6; Ord. No. O-2015-2 §§ 5, 6, 7; amended 11-4-2024 by Ord. No. O-24-33]
Any person excavating, opening, or in any manner using any of the streets of the Borough for any purpose whatsoever under a permit herein shall place upon same and any earth, dirt, building material, appliances or equipment in the area immediately proximate as well as upon the excavation or opening suitable and sufficient signs, lights and warnings that shall be kept and maintained during the time of such excavation or occupation or use of the streets as covered by this section and as set forth aforesaid in accordance with the MUTCD (Manual on Uniform Traffic Control Devices), latest edition. Same shall be the sole responsibility of the applicant and its successors or assigns and failure to comply may result in forfeiture of the guaranty posted in the discretion of the Borough Committee and further the Borough or public entities or law enforcement authority seeking damages, fines or penalties with respect to same under this or other regulations or laws.
[Ord. #462, S 6; Ord. #498, S 6; Ord. No. O-2015-2 §§ 5, 6; amended 9-17-2025 by Ord. No. O-25-17]
a.
Five-Year Restriction.
1.
Whenever the Borough of West Long Branch adopts any resolution providing for the paving or repaving of any municipal road, the Borough shall make reasonable efforts to serve written notice thereof to each owner of any sewer, main, conduit, or other utility in or under said road and to the owner and tenants of any real property abutting the said affected municipal road.
2.
Such notice shall notify such owner that no permit shall be issued for openings, cut or excavations in the said municipal road for a period of five years after the date of enactment of such resolution without consent of the Borough. Such notice shall also notify such owner that application for permits for work to be done prior to such paving or repaving shall be submitted promptly in order that the work covered by the permit may be completed not later than 60 days from the date of enactment of such resolution. If services of the notice cannot be made by mail or personally, notice may be given by attaching a copy thereof to the premises and by further posting signs at both ends of the proposed construction or reconstruction.
3.
The Borough may also publish notice of proposed paving or repaving of any municipal road in one or more newspapers circulating in the area where the work is proposed to be done that any excavation must be completed not later than 60 days from the date of the enactment of the municipal resolution authorizing the paving or repaving. Within the said 60 days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to obtaining the required permit and to the provisions of this subsection, as may be necessary to install or repair sewers, mains, conduits, or other utility installations.
4.
In the event any owner of real property abutting said municipal road shall fail within said 60 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any utility service lines or service connections to the property lines, any and all rights of such owner or successors in interest to make openings, cuts or excavations in said municipal road shall be forfeited for a period of five years from the date of enactment of said resolution. During the said five-year period, no excavation permit shall be issued to open, cut or excavate in said municipal road unless the Borough determines that an emergency exists which makes it absolutely essential that the excavation permit be issued or that the said proposed work can be completed, with such conditions as the Borough Engineer may require, without undue impairment of the paving or repaving completed.
b.
Reserved.
c.
If, by special action of the Borough, a permit is issued to open any paved and improved street surface less than five years old, a penalty charge shall be made for the opening, except that the penalty shall be waived in the event the work is of an emergency nature. The penalty charge shall be on a sliding scale and shall be equal to the cost of restoring the opening for each unelapsed month or fraction thereof of the five year restricted period, but in no event shall the penalty be less than $2,000.
[Ord. #462, S 7; Ord. #498, S 7; Ord. #0-97-18, § 1; amended 11-4-2024 by Ord. No. O-24-33]
a.
Restoration procedure.
1.
Unless authorized by the Department of Public Works, all excavations shall require milling and restoration of the excavation work area extending from curb to curb, or edge of pavement to edge of pavement, to encompass the entire road width.
2.
Once the excavation work area has been properly saw cut and the backfill tamped and compacted, the permittee shall install no less than six inches of hot mix asphalt (HMA) material base course to the trench surface. If the distance from the edge of the excavation work area to the existing curb is less than two feet, the permittee shall be required to excavate to the curb and evenly install six inches of hot mix asphalt (HMA) material base course in the entire area.
3.
The partially restored pavement shall be allowed to settle for no less than 90 days and no more than 180 days. If at any time during the settlement period the trench becomes unacceptable as determined by the Director of Public Works or Traffic Safety Officer, the permittee shall be notified of the condition requiring repair, and such repair shall be performed by the permittee within 24 hours of such notification by the Director of Public Works or Traffic Safety Officer. If the repair is not made in the time specified, the Borough may make the repair, and any cost thereof will be charged against the permittee's cash repair deposit and/or maintenance bond. At the end of the period of time of settlement required by the Department of Public Works, an inspection shall be performed by the Department.
4.
At the time set forth above, the permittee shall be required to mill the excavation work area surface as specified and install no less than two inches of hot mix asphalt (HMA) material surface course. The permittee shall also be required to provide a tack coat on all existing bituminous and concrete surfaces and a hot-poured, rubber asphalt joint sealer (per Section 914 of NJDOT Standard Specifications for Roads and Bridges 2017). As an alternative to the provisions in this subsection, but only if the Director of Public Works deems it acceptable, the permittee may utilize infrared treatment as the final restoration of the pavement.
5.
Unless otherwise authorized by the Department of Public Works, all excavations shall require milling and restoration of the excavation work area extending from the curb to WRB (or edge of pavement) of the road. If the excavation work area will be within 200 feet or more of a previous excavation made within one year (by the same permittee along the same side of the road), the permittee shall be required to mill and restore curb to curb.
6.
The pavement restoration shall extend 10 feet past the limits of the trench excavation in each direction.
7.
If the excavation extends beyond a curbline of any intersecting street, the restoration shall extend through the entire intersection to the opposite curbline.
8.
The permittee shall be required to satisfactorily replace any facilities, including, but not limited to, curb, pavement, sidewalk, line striping, etc., that are affected by the excavation and restoration work, at the permittee's expense. Such work shall be performed according to Borough standards.
9.
Traffic striping shall be replaced in kind.
b.
Maintenance procedures.
1.
When the final pavement restoration is approved, as required in section 7 above, the Department of Public Works shall notify the Borough Clerk, in writing, that he/she may release the cash repair deposit or performance guarantee posted by the permittee at the onset of the project, subject to the retainage requested herein below. Such release shall be subject to the permittee agreeing to maintain the restored excavation work area for a period of two years from the date of final approval of the work and posting a maintenance bond to guarantee the same. The permittee shall also agree to satisfactorily repair any adjacent structures, including, but not limited to, curb, pavement and sidewalk, that are damaged as a result of any excavation work area settlement during this period of time. In furtherance of these agreements, the Borough Clerk shall retain as a cash retainer 50% of the cash repair deposit and/or performance guaranty during the two-year maintenance period.
2.
If an inspection reveals that the restored excavation work area becomes unacceptable, the Department of Public Works shall notify the permittee that he must repair the area in accordance with the aforementioned procedure within 30 days from the date of notification or sooner if safety on public conveyances in involved. If the permittee fails to repair the trench within this time, the Department of Public Works shall notify the Borough Clerk, and he/she shall allow the Borough to utilize the permittee's cash retainage and maintenance bond to pay for the cost of repairing the excavation work area. If the restoration costs exceeds the maintenance bond, the permittee shall be liable for said additional costs.
3.
Upon termination of the two-year maintenance period, any remaining portion of said maintenance bond that has not been expended shall be returned to the permittee without interest.
4.
The permittee may be required to place a temporary surface over opening made in paved traffic lanes. Except when the permanent replacement pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the existing pavement shall be tamped into place, properly graded and topped with a minimum of two inches of bituminous patch material which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such restorations in safe travelling condition until such time as permanent restorations are made. If, in the judgment of the Director of Public Works, it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason of the looseness of the earth or weather conditions or any other reason, he may direct the permittee to lay a temporary pavement of steel plate or other suitable material designated by him over such cut or excavation, to remain until such time as the repair of the original pavement may be properly made.
5.
Acceptance or approval of any excavation work by the Department of Public Works shall not prevent the Borough from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within 24 months from the completion of the excavation work. The presence of a representative of the Department of Public Works or the Borough Engineer during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.
6.
The applicant and its agent shall completely backfill the excavation and replace as great a portion as possible of the material excavated, compacting it by flushing, tamping or other suitable means, and supply additional material where there is a deficiency. Whenever the Borough Engineer shall deem the material unsatisfactory for backfill, the applicant shall backfill the trench with sand, or other acceptable material compressed as required, and shall remove all excess material from the premises. If tamping alone is employed, the material shall be placed in layers not exceeding six inches in thickness, moistened as directed, and each layer adequately tamped until thoroughly compacted.
7.
As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the applicant and shall be completed to the satisfaction of the Superintendent of Public Works at the end of each working day. From time to time, as may be ordered by the Superintendent of Public Works, and in any event immediately after completion of the work, the applicant shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work, and upon failure to do so within 24 hours after having been notified to do so by the Superintendent of Public Works, the work may be done by the Superintendent of Public Works and the cost thereof charged to the applicant. The applicant shall also be liable for the cost thereof under the surety provided hereunder.
8.
In the case of an opening or trench in the earth shoulder, the applicant shall restore the top four inches of the trench or opening with material capable of supporting the growth of grass and shall fertilize and seed the surface with grass seed in accordance with NJDOT and SESC specifications using a seed mixture approved by the Borough Engineer.
9.
Whenever an opening is made in a pavement that has a concrete base, the pavement shall be cut out 18 inches wider than the width of the trench; that is to say, nine inches wider on each side thereof and the edge of the old concrete shall be beveled so as to make the concrete four inches wider at the top than at the bottom. The new concrete pavement or foundation shall be made three inches thicker than the original concrete and shall be reinforced with three- eighths-inch round reinforcing steel rods spaced six inches on center or equivalent thereof.
10.
All pavement openings for which any permit is granted shall be backfilled and plated at the end of each working day and replaced by the applicant by a temporary pavement of a hot mix asphalt, mix HMA 12.5M64 at a minimum at the end of each work week. Temporary pavement thickness shall be a minimum of three inches. Permanent pavement is to be restored by the applicant no less than 30 days nor more than 90 days after completion of the project, unless this time is extended by the Borough Engineer, depending on road and weather conditions.
11.
The applicant shall be responsible to replace any traffic markings in accordance with current NJDOT specifications and in accordance with the current MUTCD. Temporary pavement markings shall be required as part of temporary pavement installation in accordance with current NJDOT specifications.
12.
No person shall open a roadway for a greater distance than 500 feet per work zone at one time without written approval from the Borough.
13.
Traverse openings involving the full width of the highway shall be for no longer than one day and such openings shall be in a manner that results in only 1/2 of the roadway being excavated at any one time and with adequate provision for the use of the street by the traveling public and appropriate warnings and signing in accordance with the MUTCD, latest edition, unless a detour plan has been approved.
14.
In the event of a snow or ice storm, the applicant will be required to take whatever steps the Superintendent of Public Works deems necessary to secure the traveled way for snow removal operations. When the contractor is advised that snow removal operations will commence on a day or time certain, all work on the shoulders and traveled way shall stop and they shall be cleared of all dirt, etc., and then backfilled so as not to interfere with Borough snow operations until the weather permits resumption of work.
16.
The applicant shall maintain safe crossings for two lanes of traffic at all intersections where possible, and safe crossings for pedestrians and bicyclists at intervals not more than 300 feet.
17.
No work may commence before being marked-out by the appropriate agencies. Right-of-way or property monuments and/or markers, traffic control devices and other public entity- maintained devices in the right-of-way shall not be removed or disturbed unless permission to do so is first obtained in writing by the Borough Engineer and property owner as applicable.
18.
No person shall divert or pump service or other waters onto or across the Borough roads or do any act upon property abutting Borough that will cause damage or create an unsafe condition.
19.
The applicant shall not interfere with any existing utility without the consent of the utility owner and shall provide proof of such consent prior to construction in the area of the existing utility. The applicant shall not be authorized to use Borough rights-of-way or Borough-owned lands for storage without the written consent of the Borough. Additional bonding may be required to protect areas authorized for staging and storage of materials.
[Ord. #477; amended 11-4-2024 by Ord. No. O-24-33]
The requirements of Subsection 15-4.4, paragraph c1 may be waived on an individual street opening basis or annual basis by the governing body for any public utility, providing the following conditions are complied with:
a.
A surety bond for the performance of the work to be done is posted on an individual or annual basis, approved by the Borough Engineer as to amount and by the Borough Attorney as to form.
b.
Approval by the governing body is obtained, which approval shall be at the sole discretion of the governing body, from which decision there shall be no appeal.
[Ord. No. O-2015-2 § 8; amended 3-20-2024 by Ord. No. O-24-7]
a.
The penalty for a violation of Section 15-4 and its subsections shall be $2,000, plus the cost to the Borough for correction of the violations.
b.
The fine to be paid by the violator is in addition to the requirements that the violator comply with existing Borough ordinances regarding street repairs and reconstruction following the opening of the street.
c.
Any street opening done without first having obtained a permit shall continue to be a violation of the Borough ordinance. The determination of emergency shall only be made by the Borough, and not by the person or entity undertaking the street opening.
[Ord. No. O-2015-2 § 9]
The Director of Public Works and the West Long Branch Police are the enforcing authorities under the terms of this section and its predecessors. In the absence of the Director of Public Works, or his inability to attend to the requirements of this section and its predecessors, the Borough Engineer shall be entitled to perform the Director of Public Works' duties under this section and its predecessors.