Applications and Permits Granted for O-25-20/ § 188-17.1 - Eruv

Chris Lord made this OPRA request to Howell Township Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was refused by Howell Township.

Dear Howell Township,

Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:
All applications and permits requested and granted, and inquiries regarding Ordinance O-25-20/§ 188-17.1 - Eruv

Including all parameters submitted by the applicant required by the ordinance:

Permit Requirements
Anyone desiring a permit for the construction of an eruv shall submit an application to the
Township Department of Community Development, which shall include the following:
1. Name and address of applicant.
2. A description of the proposed eruv which shall include:
a. A sketch diagram of the entire eruv system, including details of height and
location (with specific streets and block and lot numbers) of the location
and number of all poles of an eruv system.
b. Sketch shall include detailed information of the precise location of any eruv
system on or across any public property or right of way.
c. Should the eruv system cross, or be located anywhere on private property,
additional written permission from the property owners shall be required as
part of the permit application.
3. Additional Township Permits. Should it be required by the Township, applicants
shall be responsible for obtaining any and all additional Township permits, such as
construction permits, fence permits, etc., needed to construct the eruv. Township
Road Opening permits (Chapter 277) are only required if the proposed work will
disrupt, excavate or otherwise disturb the paved roadway, curbing or sidewalk.
Other agency (State or County) Road Opening permits must be obtained, if
required.
4. Proof of Insurance. Evidence of adequate liability insurance, appropriate for the
scope and nature of the proposed eruv system installation and upkeep. This shall
include providing the Township with a certificate of insurance naming the
Township as an additional insured.
5. Indemnification Requirement. Applicant shall agree to indemnify, hold harmless,
defend, and protect the Township, its officers, officials and employees, from and
against any and all claims or liability arising out of the use and occupancy of the
public property or right-of-way for the eruv system, which shall include, but not be
limited to, all reasonable costs, damages, expenses, penalties and reasonable
attorney’s fees. The applicant shall be required to enter into an indemnification
agreement acceptable to the Township to memorialize same.
6. Proof that all utilities have been marked out or are pending under an active request.
Proof must be provided through New Jersey’s Call Before You Dig service.
7. Permit Fee. The applicant shall submit a permit fee of $85 for a standard eruv permit
application. The $85 permit shall be for one eruv system. Should the application
span more than one system, in the Township’s description, the applicant may be
required to obtain additional permits for each system.
8. An applicant meeting the above criteria and paying the required fee shall be issued
a permit for the construction and installation of an eruv.

My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.

Yours faithfully,
Christopher Lord

Jill Abernathy, Howell Township

Good afternoon,

Please be advised that the OPRA request below has been refused as it is overly broad. Please re-apply to [Howell Township request email] and be sure to include a date range for the documents that you are requesting. Pursuant to N.J.S.A. 47:1A-5(g)

Additionally, your request mentions inquiries, please remove this from your request and note the specific documents that you are requesting. A custodian is not required to research files to figure out which records, if any, might be responsive to a broad and unclear OPRA request. See Donato v. Township of Union.

Please update your request accordingly. When the update is received, I will be able to process your request.

Thank you.

Jill Abernathy
Office of the Municipal Clerk
Township of Howell
4567 Route 9 North, 2nd Floor
Howell, NJ 07731
732-938-4500 ext. 2241

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