Ocean City, NJ
Cape May County
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Table of Contents
Table of Contents
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:
APPLICANT
Shall mean any person making written application to the City of Ocean City for an excavation permit hereunder.
CONTRACTOR
Shall mean any person, firm, partnership, association, corporation or any organization of any kind performing work for the permittee.
EMERGENCY
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.
EXCAVATION
Shall mean the excavation, opening, construction or any other work performed under a permit and required to be performed under this section.
EXTRAORDINARY RESTORATION
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.
LARGE PROJECT
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.
M.U.T.C.D.
Shall mean the Manual on Uniform Traffic Control Devices.
PERMITTEE
Shall mean any person who has been granted and has in full force and effect a permit issued hereunder.
PERSON
Shall mean any person, firm, partnership, association, corporation, company, organization, or public utility of any kind.
SAWCUTTING
Is applicable to street openings that are equal to or greater than fifty (50') linear feet.
STANDARD SPECIFICATIONS
Shall have the same meanings as the definitions in § 25-107.
STREET
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:
1. 
Water service opening - "W," Blue.
2. 
Sanitary sewer service opening - "S," Green.
3. 
Gas/oil/petroleum/hazardous gases opening - "G," Yellow.
4. 
Telephone/communication line opening - "T," Orange.
5. 
Electric line or conduit opening "E," Red.
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:
(1) 
The materials, plus composition of mixture shall conform to the requirements of Section 903 and 904 of the Standard Specifications referenced above.
(2) 
The Permanent Pavement Restoration for correction of deficiencies, shall consist of two (2") inches (compacted thickness) of Mix I-5 or I-4.
(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]
[1]
Editor's Note: Ordinance No. 06-18, codified herein as § 17-1, was adopted June 29, 2006. Fees in Subsection 17-1.10 were amended by Ordinance No. 07-34, adopted August 16, 2007.
(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.
4. 
The amount of the bond shall be in accordance with the bond fee schedule established for performance and/or maintenance bonds in Subsection 17-1.10b and c.
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
017-Image-1.tiff
FIGURE 2: TWO (2) POUR CURB AND GUTTER
017-Image-2.tiff
[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.
[1]
Editor's Note: Former § 17-3, Removal or Destruction of Sidewalks, previously codified herein and containing portions of Ordinance No. 287, was repealed in its entirety by Ordinance No. 11-10.
[1]
Editor's Note: Former § 17-4, Collection of Garbage, previously codified herein and containing portions of Ordinance Nos. 12/5/52, 5/21/69, 882, 1049 and 90-12 has been repealed. See § 17-8, Solid Waste Collection and Recycling Requirements.
[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]
THE NO PARKING
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]
ALL APPLICATIONS FOR THE DESIGNATION BY THE CHIEF OF POLICE FOR NO PARKING
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]
a. 
All construction of curbs and sidewalks shall conform to the requirements of Subsection 17-2.7, duly adopted.
[Ord. #85-26, § 6]
a. 
Any person, firm, association or corporation violating this section, or any section thereof shall be subject to a penalty established in Chapter 1, § 1-6.
[Ord. #86-26, § 1]
For all purposes of this section, the following terms, phases, words, and their derivations shall have the meaning given therein:
a. 
SHADE TREE - Shall mean any tree deciduous or coniferous including leaves, branches or limbs thereof:
b. 
SHRUB - Shall mean any shrub, brush, hedge or other plan life excluding flowering plants and low-growing, non-spreading plants whose mature height does not exceed thirty (30") inches.
[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
017-Image-3.tiff
[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)
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:
1. 
All designated recycling items accepted at this site.
2. 
Operating hours of this site.
3. 
Rules and regulations for usage of this site.
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.
1. 
Mixed Paper including cardboard, mixed plastic, glass and metal containers
2. 
Yard waste and byproducts
3. 
Concrete
4. 
White Goods—curbside collection, by appointment only
d. 
The following materials must be source separated and recycled by the generator at CMCMUA approved recycling facilities, any NJDEP approved recycling facilities, or the Ocean City Recycling Center.
1. 
Scrap Metal
2. 
Tires
3. 
Concrete
4. 
Wood pallets and crates
5. 
Consumer electronics
e. 
The following materials must be source separated and recycled by the generator at CMCMUA approved recycling facilities, or any NJDEP approved recycling facilities.
1. 
Propane Tanks
2. 
Antifreeze
3. 
Used Motor Oil and Oil Filters
4. 
Batteries, Automotive Type Lead Acid
5. 
Batteries, Consumer Rechargeable and Small Sealed Lead
6. 
Asphalt
7. 
Auto and Truck Bodies
8. 
Contaminated Soil
9. 
Commercial Cooking Grease
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]
a. 
Any persons violating the provisions of this section shall be subject to a fine as set forth in the attached Schedule A.[1]
[1]
Editor's Note: Schedule A, referred to herein, may be found at the end of this chapter.
[Ord. #09-15, § 1]
The purpose of this section is to require dumpsters and other 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 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]
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made 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.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
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.
WATERS OF THE STATE
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]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster 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 or dumpster 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.
[Ord. #09-15, § 1]
a. 
Litter receptacles (other than dumpsters or other bulk containers).
b. 
Refuse containers at facilities authorized to discharge stormwater under a valid New Jersey Pollutant Discharge Elimination System (NJPDES) permit.
c. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. #09-15, § 1]
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]
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]
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.
SCHEDULE "A" - FINE SCHEDULE
VIOLATION
FINE
1.
Improper coloring or lettering or no lids on container
$27.00
2.
Improper size or type of container
$52.00
3.
Container exceeding fifty (50) pounds in weight
$52.00
4.
Improper lettering on container
$27.00
5.
Improper preparation or placement for of recyclable or nonrecyclable material
$52.00
6.
Collection container placed out at improper times
$52.00
7.
Improper placement of material for collection
$52.00
8.
Accumulation of material dangerous to public health and safety on public or private property
$152.00
9.
Unauthorized collection
$252.00
10.
Unauthorized use of public or private container
$252.00
11.
Improper use of Shelter Road Recycling Facility
$52.00
12.
Illegal dumping
$502.00