Township of Livingston, NJ Construction and Maintenance of Sidewalks

[Amended 8-2-2010 by Ord. No. 27-2010; 6-21-2021 by Ord. No. 15-2021]

The owner or developer shall, at his or its own cost and expense, lay and install a sidewalk, of concrete, in accordance with Township standards, in the area parallel to the street between the curbline and the side line of the street, in all streets which are opened and improved, as follows:

Sidewalk construction standards.

(1)

Concrete sidewalks, constructed in accordance with standards established by the Township Engineer, shall be required in the following locations:

(a)

On all streets listed and identified on the Concrete Sidewalk Map on file with the Township Engineer.[1]

[1]

Editor's Note: Said map is included as an attachment to this chapter.

(b)

On all business, commercial or nonresidential properties.

(c)

On all residential developments consisting of four or more residential units.

(2)

Asphalt sidewalks, constructed in accordance with standards established by the Township Engineer, shall be permitted in any location for which concrete sidewalks are not required.

Where a street lies in an R-2 Residence District or in an R-3 Residence District, as such districts are delineated on the Zoning Map mentioned in and made part of the Zoning Ordinance of the Township,[2] a sidewalk shall be laid and installed on only one side of the street, unless such street:

(1)

Is an arterial or collector street; or

(2)

Intersects an arterial or collector street; or

(3)

Is located within 500 feet of any arterial or collector street, measured in a straight line from the nearest point in the center line of such street to the nearest point in the side line of any such arterial or collector street; or

(4)

Is located within 500 feet of any existing school or park property, or any future school or park site shown on the Master Plan of the Township, or on any official map hereafter established pursuant to N.J.S.A. 40:55D-32 et seq., measured in a straight line from the nearest point in the center line of such street to the nearest point in the outside line of such school or park tract; in which case the Planning Board or the Council may require a sidewalk to be laid and installed on both sides of such street.

[2]

Editor's Note: See § 170-86 of Ch. 170, Land Use.

Where a street lies in an R-4 Residence District, or in a B-1 General Business District, or in a P-B Professional Building District, or in an I Limited Industrial District, or in an R-L Office Building and Research Laboratory District, as such districts are delineated on said Zoning Map, a sidewalk shall be laid and installed on both sides of the street, except that where such street:

(1)

Is not an arterial or collector street; and

(2)

Does not intersect an arterial or collector street; and

(3)

Is located more than 500 feet from any arterial or collector street, measured as in Subsection A(3) hereof; and

(4)

Is located more than 500 feet from any existing school or park property, or any future school or park site shown on the Master Plan of the Township, or on any official map hereafter established pursuant to N.J.S.A. 40:55D-32 et seq., measured as in Subsection A(4) hereof; the Planning Board, with the approval of the Council, may authorize a sidewalk to be laid and installed on only one side of such street.

Where a street lies in an R-1 Residence District, as such districts are delineated on said Zoning Map, or wherever in any zoning district a street shall be laid out and constructed which shall terminate in a cul-de-sac and shall not exceed 600 feet in length, no sidewalk shall be required to be installed on either side of any such street, unless such street:

(1)

Is an arterial or collector street; or

(2)

Intersects an arterial or collector street; or

(3)

(4)

Is located within 500 feet of any existing school or park property, or any future school or park site shown on the Master Plan of the Township or on any official map hereafter established pursuant to N.J.S.A. 40:55D-32 et seq., measured in a straight line from the nearest point in the center line of such street to the nearest point in the outside line of such school or park tract; in which case the Planning Board or the Township Council may require a sidewalk to be laid and installed on one side of such street.

As used in this section, the term "arterial or collector street" is defined as a higher-order high-traffic road and shall mean any existing or proposed street, road or highway shown and designated as an existing or proposed arterial street or as an existing or proposed collector street incorporated in and made part of the 2007 Master Plan of the Township of Livingston, in Section V, Circulation Plan Element, adopted December 4, 2007, by the Planning Board of the Township of Livingston and now in effect.

[Amended 6-21-2021 by Ord. No. 15-2021]

Every owner or occupant of property within the Township shall maintain and be responsible for the proper upkeep of that part of the street between the property line and the curb abutting his property, including corner areas adjacent to corner lots either within or without the property lines. Such upkeep shall include the proper maintenance and repair of the sidewalk in places where such sidewalk exists. Proper maintenance and repair shall be in accordance with the sidewalk construction standards established in § 274-13A.

In case any such owner or occupant shall suffer or permit any such sidewalk to fall into such disrepair as to constitute a condition which is dangerous or hazardous to the safety of the public, the Township shall cause a written notice to be served upon such owner or occupant, either personally or by certified mail, requiring that the sidewalk be repaired within 30 days, or within such other reasonable period of time depending upon the season of the year.