[Derived from Ch. XI, Secs. 11-3 and 11-4,
of the 1978 Code]
A.Â
No person shall construct or cut, break or remove
any sidewalk, curbing or street signage or cause to have cut, broken
or removed any sidewalk or curbing in the Borough without first obtaining
a permit to do such work from the office of the Construction Code
Official.
B.Â
The following permit fees are established and shall
be paid to the Construction Official before a permit is issued: a
permit fee of $50 for single- and two-family dwellings. Multiple dwellings
and all commercial properties shall pay a permit fee of $50 plus cash
bond/escrow in the amount of $15 per linear foot of concrete curb;
$20 per linear foot for concrete curb and gutter; $4.50 per square
foot for concrete sidewalk; and $4 per square foot for concrete apron.
[Added 3-23-2000 by Ord. No. 2000-09; amended 3-15-2007 by Ord. No. 2007-8]
C.Â
All work shall be done under the supervision of the
Borough Engineer and/or the Construction Code Official and in accordance
with Borough specifications in effect at the time of such work. Forms
shall be inspected by the Borough before any concrete is poured. All
debris and surface material shall be promptly removed upon completion
of the work. All signs shall be reinstalled at original or approved
alternate location.
D.Â
In the case that the proposed construction is on a
street where concrete curbs and sidewalks do not exist it shall be
the responsibility of the applicant to submit a plan depicting line
and grade of the new curb and/or sidewalk for review. The applicant
may choose to have the Borough Engineer establish line and grade,
in which event the applicant shall post an appropriate escrow in accordance
with the Borough schedule.
E.Â
The applicant shall maintain the premises in a safe
manner and shall provide adequate barricades and lights at his own
expense to protect the safety of the public use in the adjacent streets
or sidewalks and shall indemnify the Borough and hold it harmless
from and against any claim, liability, damage or expense, including
attorney fees arising out of his operations.
A.Â
Curbs shall be of granite or concrete.
B.Â
Existing granite curbs shall be retained or removed
and reused if possible, and no granite curb shall be cut or destroyed
without prior approval of the Borough Engineer and/or the Construction
Code Official, who shall authorize such cutting or destruction only
if he determines that reuse of such curb is not possible.
C.Â
Granite curbing which cannot feasibly be reused at
the location from which it is removed but which can feasibly be reused
elsewhere in the Borough shall be delivered by the person removing
the same to such location within the Borough as shall be designated
by the Borough Engineer and/or the Construction Code Official, to
be stored there under the supervision of the Director of Public Works
for subsequent sale or for the purpose of having the same installed
at some other location on a public street within the Borough.
D.Â
Concrete curbs shall have a minimum twenty-eight-day
strength of 3,500 pounds per square inch.
E.Â
The dimensions of newly installed curbs (except for
usable or reusable granite curbs) shall be as follows:
F.Â
Curb elevations on newly constructed streets (and
on existing streets, where feasible) shall be level with the center-line
elevation of the roadway pavement of a thirty-foot-wide paved roadway,
and the curb face shall extend six inches above the adjacent roadway
pavement, provided that where because of special drainage conditions
or other topographic conditions or where the condition of an existing
street renders such dimensions not feasible or undesirable, or where
the paved roadway exceeds 30 feet, the Borough Engineer may authorize
variations from the above-described design.
A.Â
Except as provided in Subsection B hereof or in § 360-29, Driveways and driveway aprons, pavement within the sidewalk area shall conform to the following specifications:
(1)Â
All concrete sidewalks shall have a minimum twenty-eight-day
strength of 3,000 pounds per square inch; shall be at least six inches
thick in areas crossed by vehicles and at least four inches thick
in other areas; and shall include a subgrade of compacted select fill
not less than four inches thick composed of well-graded material with
not more than 5% silt content.
(2)Â
Sidewalks shall be at least four feet wide.
(3)Â
Sidewalks shall have a joint installed at intervals
of not more than 10 feet, a dummy joint at intervals of not more than
five feet and an expansion joint at intervals of not more than 20
feet.
B.Â
The Planning Board or Board of Adjustment, in connection
with its review of a site plan application, or the Borough Engineer
and/or Construction Code Official, in a matter which does not require
site plan review, may grant exceptions to the requirements of this
section in the event that compliance therewith is not possible or
if such compliance would be excessively costly or burdensome and if
the Planning Board, Board of Adjustment or Borough Engineer and/or
Construction Code Official, as the case may be, determines that such
noncompliance will have no adverse effect on the condition of the
sidewalk involved or the adjacent street and will not be inconsistent
with the overall intent and purpose of this section.
C.Â
The owner or occupant of premises abutting any blue
stone or concrete sidewalk shall maintain such sidewalk at all times
in a good and passable condition at a grade which will prevent water
accumulating thereon and shall replace any flagstones which become
broken and shall maintain the flagstones so that the joints thereof
are even. The surface of all concrete sidewalks shall be kept properly
roughened so as not to become smooth and slippery.
D.Â
During the time that any such sidewalk shall be removed,
provisions shall be made by the permittee for safe and convenient
means of passage by pedestrians.
E.Â
In case any sidewalk becomes out of repair, the owner
or occupant of the lands abutting such sidewalk shall forthwith, upon
receipt of written notice from the Construction Code Official, repair
or cause the same to be repaired and made in a good and passable condition.
(1)Â
Notice to repair. Whenever it shall appear, upon written
report of the Building Subcode Official, that any curb or sidewalk
on any street or road of the Borough is dilapidated or in need of
repair or reconstruction, the Borough Council may, by resolution,
cause a notice in writing to be served upon the owner or occupant
of the lands abutting the curb or sidewalk requiring the necessary
specified work to the curb or sidewalk to be done by the owner or
occupant within a period of not less than 30 days from the date of
service of such notice.
(2)Â
Service of notice. Whenever any abutting lands are
unoccupied and the owner cannot be found within the Borough, the aforesaid
notice may be mailed, postage prepaid. In case such owner is a nonresident
of the Borough or his or her post office address cannot be ascertained,
then the notice may be inserted, once a week for two consecutive weeks,
in one of the official newspapers designated by the Borough.
(3)Â
Failure to comply with notice. In case the owner or
occupant of such abutting lands shall not comply with the requirements
of such notice, it shall be lawful for the Construction Code Official,
upon filing due proof of the service or publication of the aforesaid
notice in the office of the Borough Clerk, to cause the required work
to be done and paid for out of the municipal funds available for that
purpose. The cost of such work shall be certified by the Construction
Code Official to the Tax Collector. Upon the filing of the certificate,
the amount of the cost of such work shall be and become a lien upon
the abutting lands in front of which the work was done to the same
extent that assessments for local improvements are liens and shall
be collected in the manner provided by law for the collection of other
assessments and shall bear interest at the same rate.
F.Â
No person shall place any bridging over any gutter
or any pipe or other obstruction in any gutter without first having
secured the consent of the Mayor and Council.
G.Â
No person shall place or permit to be placed upon
any sidewalk or sidewalk area any object or thing that shall in any
manner encumber or obstruct such sidewalk or sidewalk area or render
travel upon such sidewalk or sidewalk area dangerous or unsafe. No
steps, walls, fences, driveway curbs or similar features shall extend
into the sidewalk area, nor shall hedges or shrubbery be permitted
to project into a sidewalk area so as to obstruct pedestrian traffic.
H.Â
No person shall lower a concrete curb for the purpose
of providing a driveway across a sidewalk without a permit. The concrete
curb shall not be broken off at pavement level in order to construct
a driveway. The necessary section of the curb shall be removed and
a new curb constructed, providing a full depth drop section for the
driveway.
A.Â
Driveway aprons for property used for residential
purposes shall not exceed 12 feet in width, and for other property
shall not exceed 14 feet when used for one-way traffic and 18 feet
when used for two-way traffic.
B.Â
Driveways shall slope from the back face of the curb
to the sidewalk grade, and driveway construction shall not extend
beyond the curbline into the roadway.
C.Â
Driveways shall cross the sidewalk at right angles
and in straight lines and shall be laid upon the established sidewalk
grade and in such a manner that the surface water thereof shall be
conducted to the street gutters and not flow out upon the roadway.
D.Â
The pavement across driveways shall be of the same
material as that used on the sidewalk and of the same width, but not
less than six inches in depth. Driveways crossing gutters shall be
at grade and properly paved.
E.Â
The driveway apron, being the area lying between the
sidewalk and the curb, if there is a curb, or the roadbed if there
is no curb, shall be constructed as follows:
(1)Â
If there is either or both a concrete walk or a curb,
the apron shall be constructed of concrete, not less than six inches
in depth, conforming to specifications of the New Jersey State Highway
Department or as approved by the Borough Engineer.
(2)Â
If there is neither a concrete sidewalk nor a curb,
then the apron may be either constructed by concrete as aforesaid
or bituminous concrete.
[Amended 5-23-2002 by Ord. No. 2002-20; 3-23-2006 by Ord. No. 2006-16]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
to exceed $2,000 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.