[Adopted 9-15-2016 by Ord. No. 2016-14]
A.
The Commission, in its sole discretion, may grant a property owner
of the City of Ventnor a revocable license, in writing, allowing for
said property owner to create or continue an existing encroachment
upon municipal property where such an encroachment is considered by
the governing body not to be a significant impairment to the City's
use of the City property, and will be removed at the sole cost and
expense of the property owner should the Commission determine, in
its sole discretion, that such encroachment needs to be removed in
order for the City to make use of or enter upon said City property,
subject to approval by the State of New Jersey in those cases, and
in those cases only, where state approval is required either because
of Green Acres funding of public property or other state requirements.
A revocable license is not a substitute for a building permit or a
construction permit when either is otherwise required by this Code.
B.
Any revocable license granted by the Commission must be granted by
resolution, be in written form of agreement, approved by the City
Solicitor and incorporate at least the following terms:
(1)
An indemnification and hold harmless clause protecting the municipality
against any loss, injury, damage, or claim arising out of the use
of the City property encroached upon;
(2)
A clause allowing for the termination of the revocable license upon
notice of termination in the sole discretion of the Commission and
at the sole cost and expense of the property owner;
(3)
A clause discussing enforceability in case the property owner fails
to comply with the aforesaid license agreement, by allowing the City
to remove said encroachment at the sole cost and expense of the property
owner;
(4)
A term requiring the licensee to keep in place at all times personal
injury liability insurance coverage, in the sum of at least $500,000
(or other appropriate amount as required by the City), upon the owner's
property and the encroachment or use, at the owner's sole cost, and
ensuring that the City is named therein as an additional insured.
The owner shall provide proof of such insurance coverage at the time
of issuance of the license, and of the continuation of such coverage,
on an annual basis, as required by the license or permit.
C.
All license agreements shall be recorded in the Clerk's office of Atlantic County at the sole cost and expense of the property owner as set forth in Subsection E.
D.
All license agreements shall be assignable to a new owner of the
adjacent property served by the encroachment.
E.
The property owner shall pay to the City a one-time application fee in the amount as set forth in Chapter 114, Fee Schedule, along with a deposit into the City's escrow account in the amount of $500 which shall be used to pay for all costs associated with the solicitor's preparation of the revocable license agreement and the filing fee with the Atlantic County Clerk's office. In the event the cost of preparation and filing fees are less than $500, the remaining funds shall be returned to the property owner. In the event that the legal fees exceed $500, along with the filing fees, same shall be the responsibility of the property owner which shall be paid prior to the filing of the license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An application for a revocable license shall be filed in a manner
and on forms provided by the City Clerk's office. The application
form shall, at a minimum, contain the following information in a clear
and legible manner suitable for recordation:
A.
A legal description, prepared by a New Jersey professional licensed
surveyor, of the adjoining property deriving the potential benefit
of the encroachment;
B.
Other identifying information, including the property street address
and Assessor's parcel number;
C.
A legal description, prepared by a licensed New Jersey professional
surveyor, of the proposed encroachment both in the form of a narrative
and supplemental drawings showing the type, nature, and extent of
the encroachment;
D.
An acceptable current title report, excerpt or lot book report that
establishes the legal ownership of the property in question;
E.
The identity and original, notarized signature(s) of the legal owner(s)
of the adjoining property to be benefited as necessary to establish
a legally binding agreement and covenant that shall run with the title
of the land;
F.
Evidence that the requested encroachment cannot be reasonably accommodated
on the applicant's own property and outside the City's right-of-way;
G.
Evidence that a hardship exists necessitating the encroachment and
that the hardship was not created by the applicant or his/her agents;
H.
Any other information that, in the opinion of the City Clerk, code
enforcement and/or the City Engineer is necessary to adequately evaluate
the application, including, but not limited to, property line survey,
topography, geotechnical reports, drainage studies and construction
details of the proposed structure; and
A.
Filing. An application for a revocable license into a planned or
existing public right-of-way shall be filed by the owner of the property
for which the revocable license is sought or by an authorized representative
of the owner. Such application shall be made to the City Clerk and
shall be on forms furnished by the City Clerk.
B.
Filing fee. A uniform fee, established by the Commission under separate
resolution, shall be required upon the filing and investigation of
the application for revocable license or transfer of a revocable license
to defray administrative costs incurred by the City in processing
the application.
C.
Investigation. An investigation shall be conducted by all departments
of the City having an interest in, or jurisdiction over, the matter.
Upon the receipt of an application pursuant to the provisions of this
article, the City Clerk shall transmit the application to all affected
departments for written reports of findings and recommendations. All
such written reports shall be submitted to the Director of Public
Works for consideration when making a decision on the application.
D.
Criteria for evaluation and approval. A revocable license application
may be approved when it can be reasonably demonstrated that the structure
will not interfere with the present and prospective public use of
a street or right-of-way and will generally conform to the following
requirements:
(1)
It should be located in a manner that is not hazardous to the traveling
public, including motorists, bicyclists and pedestrians;
(2)
It should be sufficiently set back from the edge of pavement or street
center line to provide adequate travel, parking and walking lanes;
(3)
It should not conflict with preexisting public utility structures,
especially hydrants, vault and service meters in any manner that necessitates
relocation thereof at public expense or causes any other unacceptable
interference, including impediments to the maintenance, relocation
or repair of pipelines, conduits or substructures of any public utility;
(4)
It will not preclude public access, use or enjoyment of any area
that has historically established such access, use or enjoyment;
(5)
It is not precedent-setting in nature to the extent that it creates
a noticeable projection into the streetscape as established by existing
construction and improvements on neighboring properties; and
(6)
It does not create structures of unusual or unacceptable appearance,
form, shape or height that detract from the general quality of the
streetscape.
The licensee shall be solely responsible for the maintenance,
repair, and upkeep of all structures and improvements, including landscaping,
approved under a revocable license. Failure to maintain such facilities
in good repair and to a reasonable prevailing standard, subject to
the sole judgment of the City, may be sufficient cause for the City
to order removal of such structure at the owner's expense upon 60
days' written notice.
Every licensee shall be responsible for restoring the site used
pursuant to the license to its prior condition, upon the conclusion
of said use or upon termination of the license, whichever occurs first.
Any damage to the site or any trash, litter, or debris remaining on
the site following said use shall be presumed to have been caused
by the licensee, and, if the licensee fails to rebut said presumption
or to repair the site or remove the materials, within five days of
notice to do so, a charge may be levied upon the licensee, by the
City, for the cost to remove the materials, plus an administrative
surcharge of 25%.
A.
Any person who violates any provision of this article shall, upon
conviction thereof, be punished by a fine of not more than $2,000.
A separate offense shall be deemed committed on each day during or
on which a new violation occurs or continues. The court, in its discretion,
may order the imposition of up to a maximum of 90 days of community
service in addition to or as a substitute for any fine.
B.
As an additional remedy, the construction or maintenance of any encroachment
in violation of any provision of this chapter shall be deemed, and
is declared to be, a public nuisance and may be subject to abatement
summarily by a restraining order or injunction issued by a court of
competent jurisdiction.
