[Adopted 5-5-2005 by Ord. No. 5-05]
No person shall suffer or permit any obstruction
or encroachment upon a public street or sidewalk or other public property
or public right-of-way without first obtaining a permit therefor and
the payment of the required fee therefor.
Permits may be issued by the Building Department
of the Borough of Maywood upon the approval thereof by the Mayor and
Council to the owners of real property abutting the sidewalk or public
right-of-way for which the obstruction or encroachment is sought.
The tenant or occupant of the property may also apply for such permit,
provided the owner of the property consents in writing and agrees
to be bound by the terms and conditions respecting the issuance of
the permit.
The permit shall be revocable by the Borough
of Maywood at any time, with or without cause. Upon revocation of
such permit, the permittee shall cause the encroachment to be removed
within 30 days of such revocation. In the event that the permittee
fails to remove said encroachment within said time period, the Borough
of Maywood shall be authorized to remove said encroachment and to
charge the cost thereof to the permittee. In addition, the permittee
shall reimburse the Borough of Maywood for all costs incurred in connection
therewith, including costs of suit and reasonable attorneys fees to
enforce the provisions hereof. In addition, the Borough of Maywood
may charge such costs against the real property of the owner and collect
same in the same manner as real estate taxes. Unless sooner revoked,
permits issued hereunder shall take effect upon issuance, but no earlier
than May 1 of the year in which they were issued, and shall expire
no later than October 25 of the year in which they were issued.
The permittee shall furnish to the Borough of
Maywood a certificate of insurance, naming the Borough of Maywood
as an additional insured, in an amount not less than $1,000,000 and
containing a provision whereby such insurance policy shall not be
canceled unless and until the Borough of Maywood receives written
notice thereof at least 30 days prior to such cancellation. In the
event such insurance shall be terminated or lapse for any reason,
the permittee shall immediately remove said encroachment unless, prior
to such termination or lapse, a substitute insurance certificate is
furnished to the Borough of Maywood.
The permittee shall indemnify and hold harmless
the Borough of Maywood, its officers, agents and employees, from any
and all claims for damages or liability in any way arising from the
grant of the within permit or by reason of such encroachment, including,
but not necessarily limited to, the cost of defending any such action
for damages, including reasonable attorneys fees.
A.
No permit shall be issued for any obstruction or encroachment
which interferes with the free flow of pedestrian and vehicular traffic.
B.
No permit shall be issued unless there is a free and
unobstructed sidewalk area of five feet within commercially zoned
areas and four feet within residentially zoned areas.
C.
No permit shall be issued for an overhang or awning
unless there is at least a ten-foot clearance between the surface
of the sidewalk and the lowest point of the overhang or awning.
A.
Any permit allowing for outdoor dining shall require
that the tables and chairs placed upon the sidewalk or public right-of-way
be removed and stored nightly at a location other than the public
right-of-way.
B.
In addition to complying with the terms of the permit,
any outdoor dining shall obtain the necessary approvals from the Board
of Health.
C.
The permittee shall not suffer or permit any litter,
garbage or refuse to collect upon the public right-of-way.
Any person requesting a permit shall submit
an application therefor setting forth the following information:
A.
The name, address and telephone number of the person
requesting the permit.
B.
The name, address and telephone number of the owner
of the real property abutting the sidewalk or public right-of-way
for which the permit is sought.
C.
A written description of the obstruction or encroachment
for which a permit is requested.
D.
The duration for which the permit is requested.
E.
A survey of the abutting property showing the building
and structures located thereon, the adjoining sidewalk and public
right-of-way, the location of the curbline, existing obstructions
(e.g., bollards, parking and traffic signs, trash receptacles, planters,
benches, etc.). The survey shall also include measurements respecting
the width of the sidewalk, the distances between all existing obstructions
and the adjoining building, the location of the proposed obstructions,
and the distance between the proposed obstructions and the existing
building and existing obstructions.
Any person applying for a permit shall submit with the application a fee as indicated in Chapter 169, Fees, such other amount as may be hereafter established by ordinance of the Borough of Maywood.
Any person who violates the provisions of this
Part 3 shall, upon conviction thereof, be subject to a fine, not exceeding
$1,000 per violation hereof, or imprisonment for a term of 90 days,
or both.
[Added 6-18-2009 by Ord. No. 15-09]
As used in article, the following terms shall have the meanings
indicated:
Any device without motor power designed to be towed, drawn
or carried by a motor vehicle.
A refuse container, trailer or other nonmotor vehicle.
Any and every public ground, public square, public park,
public street, public sidewalk and public thoroughfare of any kind,
public right-of-way and every other place within the Borough of Maywood
which is within the jurisdiction and control of the Borough of Maywood.
Except as otherwise permitted or required by ordinance or other
law, no person shall encumber or obstruct, or cause to permit to be
encumbered or obstructed, any public place through the parking or
placement of an obstruction or encumbrance without having first obtained
a permit therefor.
A.
Applications for permits for the temporary encumbrance of a public
place through the parking or placement of an encumbrance or obstruction
shall be submitted to the Borough Clerk who shall forward same to
the Chief of Police, or his designee, for investigation and approval.
B.
An application for a permit shall contain the following information:
(1)
A description of the encumbrance or obstruction to be parked or placed
on the public place;
(2)
The estimated duration during which such obstruction or encumbrance
shall be placed on the public place;
(3)
A diagram, drawn to scale, showing the proposed location of the encumbrance
or obstruction in relationship to surrounding curbs, streets, sidewalks,
fire hydrants, driveways, traffic control signs, signals and devices,
bus stops, parking spaces, loading zones, taxi stands, property lines,
buildings and such other features as may be required by the Police
Chief within a radius of 200 feet from such encumbrance or obstruction;
(4)
A detailed description of the use to be made of the encumbrance or
obstruction within the public space;
(5)
A statement of the reasons why such encumbrance or obstruction cannot
be placed or parked on the property immediately adjoining the location
of the public place on which the temporary encumbrance or obstruction
is proposed;
(6)
The name, address and phone number of the property owner or other
person requesting the encumbrance or obstruction upon the public place;
(7)
The name, address and phone number of the owner or other person exercising
control of the encumbrance or obstruction and who shall be responsible
for the removal of said encumbrance or obstruction.
C.
The application for a permit shall be submitted to the Borough Clerk,
together with a deposit in the sum of $250 made payable to the Borough
of Maywood. The deposit shall be refundable upon the removal of the
temporary obstruction or encumbrance and verification that no damage
has been caused to the public sidewalks, curbs, streets or other property
of the Borough of Maywood as a result of the placement or removal
of such temporary obstruction or encumbrance. If such temporary obstruction
or encumbrance is not removed prior to the expiration of the permit,
or any renewal granted therefor, or if any damage has been caused
to the sidewalks, curbs, streets or other property of the Borough
of Maywood as the result of the placement and removal of such temporary
obstruction or encumbrance, the Borough may apply such deposit to
the cost of removal and disposal of the contents and any repairs to
the sidewalk, curb, street or other property.
D.
Permits issued hereunder shall not be valid for a period in excess
of 30 consecutive days. Permit renewals may be granted for additional
thirty-consecutive-day periods, provided that the Construction Official
is satisfied that there is good cause for such renewal. Denials shall
be appealable to the Mayor and Council.
E.
Before approving a permit, the Chief of Police, or his designee,
shall determine whether said permit can be issued in accordance with
the rules and regulations set forth herein and whether such permit
can be issued without undue interference with the public's use of
the public place and without endangering the public's health, safety
or welfare.
A.
Any encumbrance or obstruction for which a permit is issued shall
comply with the following rules and regulations:
(1)
The encumbrance or obstruction shall clearly contain thereon the
name, address, and phone number of the owner or other person exercising
control of the encumbrance or obstruction and who is responsible for
removing said encumbrance or obstruction;
(2)
The encumbrance or obstruction shall be reflectorized either with
paint, tape or other suitable material so as to render such encumbrance
or obstruction clearly visible at night to both pedestrians and traffic.
In addition to the foregoing, the Police Chief, or his designee, may
require warning lights or other warning devices necessary to ensure
the public's health, safety and welfare;
(3)
No permit shall be issued for the placement or parking of any temporary
encumbrance or obstruction upon any public place without the consent
of the owner of any property immediately contiguous to the proposed
location of the encumbrance or obstruction;
(4)
The encumbrance or obstruction shall have affixed thereto a decal
or sticker provided by the Borough in such location as to be readily
visible from the public street or at such location as shall be designated
in the permit. Upon expiration of the permit, the decal or sticker
shall be removed.
(5)
No encumbrance or obstruction shall be placed within any location
for which the standing or parking of a vehicle is prohibited pursuant
to N.J.S.A. 39:4-138.
B.
The applicant for a permit shall provide to the Borough of Maywood
proof of insurance, of a form approved by the Borough Attorney, naming
the Borough of Maywood, its officers, elected officials, employees,
agents and assigns as additional insureds, issued by an insurance
company licensed to do business within the State of New Jersey, in
the sum of not less than $3,000,000 per occurrence, insuring against
liability for any personal injury or damage to property arising by
reason of the placement or parking of the temporary obstruction upon
the public place.
C.
In addition to the insurance coverage required above, the applicant
shall furnish the Borough with an executed indemnification and hold
harmless agreement, of a form approved by the Borough Attorney, in
which the applicant agrees to indemnify and hold harmless the Borough
of Maywood, its officers, elected officials, employees, agents or
assigns from any and all claims, liability or damages, including reasonable
attorneys' fees, arising by reason of the placement or parking of
the temporary obstruction upon the public place.
A.
The owner or other person having control of an encumbrance or obstruction
for which a permit has been issued shall remove said encumbrance or
obstruction from the public place prior to the expiration of the permit
unless an additional permit is obtained prior to the expiration thereof.
B.
In the event the encumbrance or obstruction is not removed from the
public place prior to the expiration of the permit, or in the event
no permit has been issued, the Borough shall have the right to remove
the obstruction or encumbrance from the public place.
C.
Both the owner of the obstruction or encumbrance and the person requesting
the obstruction or encumbrance in the public place shall be responsible
for the cost of said removal.
D.
In addition to such other remedies as may be provided by law, the
cost of removal, storage and any other cost incurred by the Borough
in connection with the removal of said obstruction or encumbrance
shall constitute a lien upon the real property owned by the applicant
for which the permit was requested.
Any person violating any provision of this article shall be
subject to a fine of not less than $100 nor more than $1,000 or imprisonment
for a term not in excess of 90 days, or both. A separate offense shall
be committed on each day during or on which a violation occurs or
continues.
