City of Garfield, NJ Article VI Curb Repairs Performed by City

[Adopted 2-23-2021 by Ord. No. 2861]

§ 287-36 Eligibility for replacement.

The City of Garfield may assume the financial responsibility for curb repairs upon the following events, and solely upon such events:

A. When the City has or will undertake the obligation to fully repave any roadway in the City, curb to curb; and/or

B. When a City-owned road or any part thereof is to be paved or will be paved, curb to curb, by any other entity; or

C. When a particular project is approved, and bidding has been awarded and work has begun or will begin.

§ 287-37 Evaluation for replacement.

A. The curbs in that roadway and/or portion of that roadway being or which will be paved, curb to curb, shall be evaluated by the City Engineer and/or the DPW Superintendent.

B. The City Engineer and/or the DPW Superintendent shall determine if a curb or any span or portion thereof should be replaced. Upon such determination, the City Engineer and/or the DPW Superintendent shall advise the City Council and Mayor of this recommendation for approval for any repair and/or replacement of such curb or part thereof and the City Council shall consider such recommendation and shall have final determination and final approval for same.

§ 287-38 Criteria for replacement.

In determining the replacement or the need thereof, the City Engineer and/or the DPW Superintendent shall consider the following criteria:

A. The curb should be replaced if, upon the discretion of the City Engineer and/or the DPW Superintendent, it is determined that 30% or more of the exposed curb is missing, or as recommended by the Council; and/or

B. The curb should be replaced if, upon observation of the City Engineer and/or the DPW Superintendent, it can be observed solely, by visual inspection, that the span is not fixed in place or can be observed to be movable due to the separation from, or lack of a subsurface curb to hold the curb in place throughout the duration of the improvements to the roadway in question; and/or

C. The curb should be replaced if it does not meet certain building code requirements which will be determined and recommended by the City Building Inspector; and/or

D. The curb should be replaced if, at the recommendation of the City Engineer and/or the DPW Superintendent, the integrity of the curb or span of curb is compromised where it can be anticipated that it may or will break up or will be damaged in the milling process; and/or

E. The curb should be replaced if 30% or more of the exposed curb or any portion thereof is not properly attached to the remainder of the span whereas a span of curb is designated to be non-monolithic and fully separated from the sidewalk, roadway, and any other span of curb. However, this 30% is a mere guide and is not a fixed or a requirement but it is stated solely for a guide to logically set a minimal point reference when the curb should need to be replaced.

§ 287-39 Discretion to replace curb.

At all times, notwithstanding the language in this article or any other language contained in the City Code to the contrary, it will remain the discretion of the Mayor and Council to determine, after advice of the City Engineer and/or the DPW Superintendent, whether or not any particular curbing should be replaced.

§ 287-40 Obligation of property owner.

Upon any curb replacement and repaving undertaken by the City, at the City's sole discretion, the property owners adjacent to the said roadway in which the City and/or other entity replaces the curbs, based upon the above criteria, will not be responsible for the of the replacement of curb; however, the property owners will continue to be responsible for said curb in the future as set forth in this prior section of the Code.