[Adopted 4-22-1974 as part of Ord. No. 792 (Ch. XIX, Sec. 19-2, of the 1971 Revised General Ordinances)]
[Added 6-12-1978 by Ord. No. 879; amended 2-8-1995 by Ord. No.
1247; 6-28-2000 by Ord. No. 1353]
A.
No person shall construct, repair or replace public street curbing, sidewalks, driveways, parking lots, driveway entrances, aprons, curb cuts and ramps without first applying for and obtaining all applicable approvals and site work permits as required from the office of the Director of the Department of Public Works. (See Chapter 101 for site work permit fees.)
B.
No person shall construct, repair or replace private driveways, curb cuts, aprons, entrances, ramps, parking lots, walkways and ground level patios without first applying for and obtaining all applicable approvals and site works permits as required from the Building Department Code Enforcement Office. (See Chapter 101 for site work permit fees.)
C.
The permit shall specify the street address where the work is to be done, the name of the owner of the premises and the name and address of the person by whom the work shall be done. The applicant shall be furnished with and shall acknowledge receipt of a copy of the regulations hereafter set forth and shall assume responsibility for the erection and maintenance of suitable barricades, lights and warning signals protecting the construction area. Nothing herein contained shall release the owner of the property from continuing requirements of maintenance of such work under the provision of § 188-27 herein.
[Added 6-12-1978 by Ord. No. 879]
No permit shall be required when the work is
to be performed by a Borough-hired contractor under a curb replacement
program.
[Added 6-12-1978 by Ord. No. 879]
No curb, sidewalk for public use or driveway
entrance apron shall be constructed, repaired or replaced within the
Borough unless it conforms in design and construction to standard
details and specifications approved by the Borough Engineer and approved
by the Borough Council, is of the quality therein specified and is
installed as hereinafter provided.[1]
[1]
Editor's Note: Original Sec. 19-2.4, Supplier
License, as added 6-12-1978 by Ord. No. 879, which immediately followed
this section, was repealed 9-28-1997 by Ord. No. 1291.
[Added 6-12-1978 by Ord. No. 879]
No person shall construct a curb sidewalk for
public use or driveway apron except under the supervision of the Superintendent
of Public Works. Upon failure to meet the requirements of the Borough,
the permit issued for the work may be canceled and the permittee shall
be subject to the penalty provisions of this article.
[Added 6-12-1978 by Ord. No. 879]
The Division of Public Works shall be given
at least 24 hours' prior notice of the intention to begin construction
or replacement of a curb, sidewalk or driveway entrance. Once construction
has been started, the work shall be carried to completion. In the
event that work is delayed for a period in excess of five days, the
Division of Public Works shall be given notice of such delay and,
in addition, shall be given at least 24 hours' notice prior to resumption
of work.
[Added 6-12-1978 by Ord. No. 879]
No person shall pour or permit to have poured
the concrete for a curb, sidewalk or driveway apron until the forms
for the same have been inspected in place by the Superintendent of
Public Works.
[Added 6-12-1978 by Ord. No. 879]
When specified by the Division of Public Works,
the contractor or other person in charge of pouring concrete shall
notify the Division of Public Works while pouring so that a sample
of concrete may be taken. The Division of Public Works may have a
sample tested by a reputable testing laboratory after 28 days, and
if the results show a compressive strength of less than 3,500 pounds
per square inch, the supplier furnishing the concrete shall be required
to show cause before the Borough Construction Code Official why his
or her license shall not be revoked. One such sample may be taken
for each installation of 100 feet or less of curb or sidewalk.
[Amended 9-26-1977 by Ord. No. 862; 6-12-1978 by Ord. No.
879; 7-24-1978 by Ord. No. 888]
A.
All concrete used shall be ready-mixed transit concrete,
except when the requirements of the project are less than one cubic
yard.
B.
All sidewalks and driveway entrances shall be constructed
of concrete installed in one pouring and shall meet a compression
strength of 3,500 pounds per square inch after 28 days when tested
under standard conditions. All sidewalks and aprons shall be laid
on firm compacted soil, subject to inspection by the Superintendent
of Public Works. In instances where the inspector determines that
ground conditions require a subbase, the contractor or property owner
may be required to add a gravel or sand subbase not exceeding four
inches after compaction before concrete is laid. In rejoining a curb
for construction of a driveway entrance or to replace a damaged section,
the entire section of the curb shall be removed and reconstructed.
(1)
Residential zones. Concrete for sidewalk shall be
not less than four inches in thickness, laid in slabs four feet wide
by five feet in length longitudinal with the curbline, with a pitch
of 1/4 inch per foot, each 10 feet of length separated from adjoining
slabs by a strip of approved bituminous impregnated fiber 1/4 inch
by four inches by four feet extending to within 1/4 inch of the finished
surface of the sidewalk. Concrete in the sidewalk area of a driveway
shall be not less than six inches thick. Driveway entrance slabs or
aprons shall be not less than six inches in thickness and separated
from sidewalk and curb by an approved bituminous impregnated strip.
Driveway apron at the sidewalk line shall not be less than 12 feet
wide and not more than 20 feet wide. At the curbline, the apron may
exceed the width of the sidewalk line by not more than three feet.
In addition, the width of the transition from dropped curb to normal
height curb at each side may not be more than 12 inches. No driveway
entrance shall be constructed within 25 feet of an adjacent street
or a corner or existing driveway. No exception shall be permitted
without the approval of the Zoning Board of Adjustment upon hardship
or unusual circumstances being shown.
[Amended 4-26-2000 by Ord. No. 1344]
(2)
Other than residential zones.
(a)
Concrete in sidewalks shall be five inches in
thickness and conform to all other specifications indicated above.
Driveway aprons, in addition to the specifications above, shall be
reinforced with six inch by six inch wire mesh 10-10 gauge wire placed
four inches below the top of the finished concrete. Dimension and
details of driveways in such zones shall be subject to the approval
of the Building Committee of the Council.
(b)
All sidewalks hereafter constructed or reconstructed
on public or private property for public use within the Borough shall
be constructed in a manner that will facilitate use by physically
handicapped persons. At points of intersection between pedestrian
and motorized lines of travel and at other points where necessary
to avoid abrupt changes in grade, the sidewalk shall slope gradually
to street level so as to provide an uninterrupted line of travel.
(c)
Concrete curbs shall be seven inches wide on
top, nine inches at the bottom and 20 inches in depth. The back face
of the curb shall be vertical. Concrete curb shall be constructed
in sections not longer than 10 feet separated by approved bituminous
impregnated strips not less than 1/2 inch thick. All concrete shall
have a compressive strength of 3,500 pounds per square inch after
28 days when tested under standard conditions.
(d)
The concrete shall be placed in a professional
workmanlike manner, with a smooth wood float finish or broom finish
for sidewalks and steel trowel finish for curbs, and shall be properly
cured and protected against sun and frost.
The construction, repair, alteration, relaying
and maintaining of curbs and sidewalks abutting private property in
the Borough shall be the duty of the abutting landowner and shall
be accomplished at the expense of such abutting owners.
Wherever it appears to the Council on advice
of the Borough Engineer, Superintendent of Public Works or Building
Inspector 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 Council shall adopt a resolution so finding and shall
by such resolution direct that a notice be served upon the owner or
occupant of the abutting lands, specifying the work required to be
done and requiring the abutting owner or occupant to accomplish the
same within a period of 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
it can be ascertained. In the event that the abutting owner is a nonresident
of the Borough or his or her post office address cannot be ascertained,
the notice may be inserted once a week for four weeks in a newspaper
circulating in the Borough.
In the event that the owner or occupant fails
to comply with the requirements of the notice, the Borough, upon filing
the proof of 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.
Upon performance of the required work by the
Borough, the cost of the work shall be certified by the Borough Engineer
to the Tax Assessor. 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, shall
be collected in the manner provided by law for collection of assessments
and shall bear interest at a like rate.
The resolution adopted pursuant to § 188-28 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 accrued interest only, at one time. If any such installment remains unpaid for 30 days, the whole assessment shall become due immediately. Whenever any owner or occupant is given the privilege of paying an assessment in installments, such assessment shall remain a lien upon the land described therein until the same with all installments and accrued interest thereon are paid.
In the event that an owner defaults in the payment
of an assessment or the payment of an installment thereof, where applicable,
the Borough may proceed against him or her in an action at law.
All work performed under the terms of this article
shall be under the supervision and direction of the Borough Engineer
and subject to his or her approval.
This article is enacted pursuant to the authority
of Chapter 297 of the Laws of 1970.[1]
[1]
Editor's Note: See N.J.S.A. 40:65-14 et seq.
[Added 2-8-1995 by Ord. No. 1247]
The fee for a permit issued under this article
shall be established by resolution of the Mayor and Council.[1]
[Added 9-28-1997 by Ord.
No. 1291]
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be punishable
by any combination of the following: a fine not exceeding $1,000,
imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days.
