[Adopted 7-11-1972 as Ch. 74, Art.
II, of the 1972 Code; amended in its entirety 3-10-1992]
It shall be unlawful for any person to construct
or remove or cause to be constructed or removed any sidewalk, driveway
apron or curb or any part thereof within or along any public right-of-way
in the Borough of Netcong without first having obtained a permit to
do so from the Superintendent of Public Works.
Application for a permit under this section
shall be made to the Superintendent of Public Works by the owner of
the premises or his agent upon forms provided by the Borough which
shall contain the following information:
A.
The name and address of the applicant.
B.
The name and address of the person who is to perform
the proposed work and the name and address of the owner of the property
on which the work is to be performed, if other than the applicant.
C.
The location, street number or otherwise, of the premises
where the work is to be done.
D.
The estimated cost of the proposed work.
E.
A line and grade plan showing the proposed work, including
its exact location with respect to a street intersection or some other
fixed and prominent object, as well as its width in relationship to
the grade of the street and the adjacent property and, in the case
of a driveway apron, its slope or pitch.
F.
Any other information that the Superintendent of Public
Works deems necessary in order to determine whether the work will
conform to this article.
A fee of $20 shall be charged for each permit,
and, in addition thereto, the applicant shall pay the cost of all
tests which the Superintendent of Public Works deems necessary. The
fee shall be paid at the time the application is filed, and the cost
of all proposed tests shall be paid prior to the issuance of any permit.
A.
All materials and work shall be in accordance with the Borough's specifications outlined in § 247-11 of this article.
B.
Any sidewalk, driveway apron or curb which is removed
shall be promptly replaced in accordance with Borough specifications.
C.
No concrete sidewalk shall be replaced or covered
with blacktop.
D.
Whenever a curb cut or driveway depression is required,
the entire section or sections of curb shall be removed and replaced.
The breaking and recapping of curbing is specifically prohibited.
A.
No permit shall be issued until the applicant has
supplied the Borough with a performance bond or cash escrow in an
amount determined to be sufficient by the Superintendent of Public
Works. The Superintendent of Public Works may waive all or part of
the requirements of this subsection in the case of public bodies,
quasi-public bodies or utilities.
B.
If a bond is posted it shall be executed by the applicant
as principal and by a surety company licensed to do business in the
State of New Jersey and shall be conditioned as follows:
(1)
To indemnify the Borough for any expense incurred
in enforcing any of the provisions of this section.
(2)
The bond shall be in such form and amount as required
by the Superintendent of Public Works and conditioned upon the applicant's
restoring the sidewalk, driveway apron or curb for which the permit
is granted in a manner acceptable to the Department of Public Works.
C.
Said bond shall remain in effect or the cash escrow
shall remain on deposit with the Borough until the work authorized
by the permit has been completed and the work has been approved by
the Superintendent of Public Works.
The applicant shall notify the Department of
Public Works at least 24 hours prior to the time of pouring or laying
any sidewalk, driveway apron or curb so that the Department of Public
Works may arrange for adequate inspection and testing.
This article shall not apply to the initial
installation of sidewalks, driveway aprons or curbs in a major subdivision
where the work is covered by performance guaranties required by the
Planning Board.
A.
Duty of abutting landowner. The construction, repair,
alteration, relaying and maintaining of sidewalks and curbs are hereby
declared to be the duty of the abutting landowner. Said construction,
repair, alteration, relaying and maintaining of the sidewalks and
curbs shall be completed in the manner set forth in this article.
B.
Resolution; notice. Wherever it shall appear to the
Borough Council on advice of the Superintendent of Public Works or
on its own motion that it is necessary or advisable in the public
interest to construct, repair, alter or relay a curb or sidewalk,
the Borough Council shall adopt a resolution directing that a notice
be served upon the owner or occupant of abutting lands specifying
the work required to be done and requiring the abutting owner or occupant
to accomplish the same within a period not less than 30 days from
the date of service of the notice. In the event that the abutting
lands are unoccupied or the owner cannot be found within the Borough,
the notice shall be mailed, postage prepaid, to the owner's post office
address if the same can be ascertained. In the event that the abutting
owner is a nonresident of the Borough or his post office address cannot
be ascertained, then the notice may be inserted for four weeks, once
a week, in the Borough's official newspaper.
C.
Performance by Borough. In the event that the owner
or occupant shall fail to comply with the requirements of the notice,
the Borough, upon filing proof of the service or publication of the
aforesaid notice in the office of the Borough Clerk, shall cause the
required work to be done at its expense.
D.
Certification of cost. Upon performance of the required work by the Borough pursuant to Subsection C of this section, the cost of the work shall be certified to the Borough Tax Collector. Upon the filing of the certificate, the amount reflected therein shall become a lien upon the abutting lands to the same extent that assessments for local improvements are liens and shall be collected in the manner provided by law for collection of assessments, bearing interest at a like rate.
E.
Payment on installments. The resolution adopted pursuant to Subsection B of this section or a subsequent resolution may provide for the payment of the cost assessed against the abutting owner or occupant in equal yearly installments not exceeding 10, with legal interest, and at such time annually as shall be fixed, but any person may pay the whole of any assessment or any balance with only accrued interest at one time. If any such installment shall remain unpaid for 30 days, the whole assessment shall become due immediately. Whenever any owner or occupant shall be given the privilege of paying any assessment in installments, such assessment shall remain a lien upon the land described therein until the same with all installments and accrued interest thereon shall be paid.
F.
Action at law. In addition to any other remedy herein
set forth, the Borough may proceed against the owner in an action
at law to recover the cost of the work.
G.
Superintendent of Public Works. All work performed
under the terms of this section shall be under the supervision and
direction of the Superintendent of Public Works and subject to his
approval.
All owners of land on which there is to be new
construction of a building, be it private, business or commercial,
fronting or abutting upon any public street in the Borough of Netcong
shall install and maintain sidewalks and curbs at his, her, their
or its proper expense, in the following manner:
A.
All sidewalks shall be constructed, laid and maintained
at a width of four feet.
B.
All sidewalks shall be at least four inches thick.
C.
All sidewalks shall be composed of one part portland
cement and two parts washed sand and four parts washed gravel, laid
in blocks not exceeding eight feet apart. They shall be finished with
a float finish.
D.
All sidewalks shall be curbed or recurbed with curbs
of concrete 20 inches deep, which shall be six inches wide at the
top and eight inches wide at the base, and all curbs shall be composed
of one part portland cement, two parts washed sand and three parts
washed gravel and finished with a float finish.
All construction, repair, alteration and relaying
of sidewalks and curbs shall conform as nearly as practicable to the
grade already established by the Borough or established by the Borough
Engineer.
Nothing herein shall be construed to affect
any existing sidewalk or curb now in good repair and constructed at
the grade and slope established by the Borough Council of the Borough
of Netcong, except as to repairs thereto which shall be made as they
may become necessary from time to time.
