A.
New sidewalks constructed in residential zones as defined and set forth in Chapter 300, Zoning and Land Use, shall be constructed of concrete.
B.
Repairs, maintenance, replacement, alteration and/or reconstruction
of existing sidewalks and curbs shall be done in accordance with the
following guidelines:
(1)
Existing concrete and asphalt sidewalks shall be repaired, reconstructed
or replaced using concrete.
(2)
Existing slate sidewalks shall be repaired, reconstructed or replaced
using either slate or concrete.
(3)
Existing sidewalks that are not concrete, asphalt or slate, shall
be repaired, reconstructed or replaced using either concrete or state.
C.
Curbs shall be constructed in accordance with the following guidelines:
(1)
New curbs shall be constructed of concrete or granite block, unless
the street is a continuation of an existing street containing curbs,
in which event the new curbing shall be consistent with the existing
curbing.
(2)
Existing concrete curbs shall only be repaired or reconstructed with
concrete.
(3)
Existing granite block curbs shall only be repaired or reconstructed
with granite block.
Sidewalks and curbs constructed in the business, commercial and industrial zones as defined and set forth in Chapter 300, Zoning and Land Use, shall be constructed of concrete, except that the Mayor and Board of Aldermen may allow substitute materials such as brick pavers, when the following requirements are met:
A.
The Town Engineer has determined in writing that the proposed sidewalk will be equal in quality and durability to concrete sidewalks constructed in accordance with the specifications required in § 254-28 hereinbelow.
B.
The proposed sidewalk meets all other applicable sidewalk construction
standards set forth in this chapter.
C.
In projects requiring site plan or subdivision approval from the
Planning Board, the use of substitute materials shall be subject to
the Board's approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The construction, reconstruction, repair, alteration, replacement or maintenance of driveway aprons, curbs and sidewalks or portion thereof abutting private property, shall be the duty of the abutting owner and shall be accomplished at the expense of such abutting owner. This duty shall extend to construction, reconstruction, repair, alteration, replacement or maintenance of driveway aprons, curbs and sidewalks to prevent or eliminate broken, cracked, raised, deteriorated, disintegrated, deficient finish or surface, deficient grade, metal, metal grates, metal plates, obstructions and any other condition or defect, so as to minimize any nuisance or endangerment to the public health, safety and welfare of any pedestrians using the sidewalks. The duty of this section shall not be dependent upon receipt of any notice pursuant to this Chapter 254. Before proceeding with any such construction, reconstruction, maintenance or repairs, however, the owner must apply for and obtain a permit from the Town of Boonton. Said construction, reconstruction, repair, alteration, replacement or maintenance shall be performed in conformance to the standards for sidewalk and curb construction as provided by this Chapter 254, and the property owner shall submit to any inspections that may be required by the Town of Boonton relative to said permit.
B.
In the event the driveway apron, curb and sidewalk or portion thereof,
appears to be raised or uneven due to the growth of tree roots which
are in the Town of Boonton's right-of-way, the abutting owner
of the driveway apron, curb and sidewalk or portion thereof, must
immediately notify the Code Enforcement/Property Maintenance office
and provide the owner's name, address and the defect. If it is
determined by the Code Enforcement Officer that the tree is a Town
tree and in the right-of-way, the Town will remove or modify the roots.
Any construction, reconstruction, repair, alteration, replacement
or maintenance of driveway aprons, curbs and sidewalks will then be
the obligation of the abutting owner.
Sidewalks, driveway aprons and curbs shall be constructed strictly
in accordance with specifications hereinafter set forth.
A.
Concrete sidewalk, general. The following specifications provide
for the construction of sidewalks to be of Class "B" concrete, air
entrained, and to be of the single-course type. They shall have a
minimum width of four feet and a minimum thickness of four inches.
B.
Concrete sidewalk and curb construction.
(1)
Excavation. All grass, roots, sod or other materials, including but
not limited to the existing or old sidewalk and curb, that are unsuitable
for a foundation shall be removed together with such earth and rock
as is necessary to permit the surface of the sidewalk to be laid to
the proper grade. Where sidewalk has to be placed on fill, the fill
shall be deposited in six-inch layers and rolled and tamped. All excavation
materials cannot be disposed onto the owner's property, any street,
sidewalk or right-of-way.
(2)
Drainage. Where the subgrade is wet or apt to be frequently water
soaked, provision shall be made to secure adequate drainage by excavating
the unsuitable material, and filling in with tamped cinders, sand,
gravel or crushed stone, and if necessary by laying drain pipes.
(3)
Subbase. All sidewalks shall be laid on a firm and unyielding base
which has been thoroughly compacted by tamping, ramming and/or wetting.
The base shall have a minimum thickness, measured after compacting,
of four inches.
(4)
Slope. All finished sidewalks shall be at least one inch above the
finished curb and have a side slope of 1/4 inch per foot of width
towards the curb and shall be free from waves, depressions and projections
deviating more than 3/16 inch. Unsatisfactory portions of the sidewalk
shall be replaced to the satisfaction of the Department of Public
Works Superintendent.
(5)
Protection of surface. When completed, all walks shall be kept moist
and protected from traffic and the elements for three to four days
according to weather conditions. The forms shall be removed with great
care and upon their removal the edges of the walks shall be protected
in a suitable manner.
(6)
(Reserved)
(7)
Drains under sidewalks. No leader pipe or other drain shall discharge
over the sidewalk but must be carried under the sidewalk to the gutter
in a cast-iron pipe or bituminized fiber pipe. The hole in the curb
must be round, neatly cut, leaving at least one inch of solid stone
or concrete over the hole, doing no other damage to the curbing, and
shall be of no larger diameter than necessary. When the sidewalk is
but four feet wide, the pipes must be so laid that the hubs will not
come under the sidewalk. In the place of a cast-iron pipe or bituminized
fiber pipe a trough of masonry may be constructed and covered with
a suitable cover having its top surface flush with the surface of
the sidewalk and of a rough character to prevent slipping. No trough
shall be wider than six inches.
(8)
Concrete curbs. The face and top of the curb shall be struck off
with an edging tool. The surface shall be smooth finished by means
of a wooden float.
(9)
Dimensions. All concrete curbs shall be 18 inches in depth, six inches
wide at the top, and eight inches wide at the base.
C.
Driveway aprons. Driveway aprons shall be considered to consist of
that portion of the driveway extending from the curbline to the edge
of the sidewalk nearest the curb. The edge of the sidewalk nearest
the curb shall not be higher than the top line of the curb if projected,
and the apron shall run in a straight grade from the edge to the bottom
of the driveway opening or gutter and shall not project past the curbline.
D.
E.
The Town Building Department shall be given at least 48 hours'
prior notice of the intention to begin construction, reconstruction,
repair, alteration, replacement or maintenance of driveway aprons,
curbs and sidewalks. Once the construction, reconstruction, repair,
alteration, replacement or maintenance of driveway aprons, curbs and
sidewalks has been started, the work shall be carried to completion.
In the event the construction, reconstruction, repair, alteration,
replacement or maintenance of driveway aprons, curbs and sidewalks
is delayed for a period in excess of five days, the Town Building
Department shall be given notice of such delay and, in addition, shall
be given at least 24 hours' notice prior to resumption of the
work.
Any residential property owner in the Town may apply to the
Mayor and Board of Aldermen to have his/her/its sidewalk or curb removed
by the Public Works Department, providing that the property owner
enters into an agreement with the Town wherein the sidewalk or curb
will be replaced by the property owner and constructed in accordance
with the Town specifications. This program will not be offered to
a property owner unless at least 50% of the sidewalk or curb is to
be removed by the Town and replaced by the property owner. This program
shall not apply to or be available to owners of commercial, industrial,
or institutional property. Condominium and apartment complexes (two
or more buildings) and sidewalks not within a public right-of-way
shall be excluded from this program as well.
A.
Any property owner entering into an agreement with the Town will
be required to have a new sidewalk constructed in accordance with
the Town specifications within 30 days of the old sidewalk or curb
being removed by the Department of Public Works. If the property owner
fails to have the new sidewalk constructed within 30 days, the Town
may construct the sidewalk and the total cost incurred by the Town
will be placed as a lien against the property owner.
B.
The property owner will be required to provide insurance coverage
indemnifying the Town against any claims or losses in connection with
the sidewalk or curb replacement work to be done. A certificate of
such insurance must be filed with the Town Administrator prior to
any work commencing.
C.
The Department of Public Works Superintendent shall schedule the
removal of any sidewalks or curbs at times that best fit into the
work schedule of the Department of Public Works. The Department of
Public Works Superintendent shall notify the property owner at least
48 hours in advance of when the Department of Public Works will remove
the existing sidewalks or curbs. To avoid any conflicts with snow
and leaf removal, sidewalk or curb replacement shall be scheduled
only during the period March 1 through October 31.
Any person who shall construct, reconstruct, repair, alter,
replace or conduct maintenance of driveway aprons, curbs and sidewalks
or portions thereof, shall do so strictly in accordance with the specifications
of this chapter. Inspection by the Department of Public Works Superintendent
or his agents for compliance shall be requested at least 48 hours
in advance.
A.
Notice to repair. When the abutting owner fails to maintain driveway aprons and sidewalks in accordance with § 254-27, and such condition shall be complained of to, or discovered by the Code Enforcement/Property Maintenance office of the Town of Boonton, he/she shall make, or cause to be made, an inspection of the driveway apron, curb, sidewalk or portion thereof, and shall make an initial written notice to the abutting owner to perform construction, reconstruction, repair, alteration, replacement or maintenance within 45 calendar days from the date of service of the initial written notice. The initial written notice shall be served by regular mail to the abutting owner's last known post office address according to the Town of Boonton's tax assessment records. In the event the abutting owner fails to construct, reconstruct, repair, alter, replace or conduct maintenance of the driveway apron, curb, sidewalk or portion thereof, within the time frame of the initial written notice, a second written notice shall be issued to the abutting owner with an additional 45 calendar days to complete the construction, reconstruction, repair, alteration, replacement or maintenance of the driveway apron, curb, sidewalk or portion thereof. The second notice shall be served by regular mail and certified mail, return receipt requested, to the abutting owner's last known post office address according to the Town of Boonton's tax assessment records. In the event the abutting owner's post office address cannot be ascertained, then a notice shall be inserted for two weeks in the Town's official newspaper.
B.
Performance by Town. In the event the abutting owner shall fail to
comply with the requirements of the initial and second written notices,
the Town of Boonton shall, upon filing of proof of the service or
publication of the aforesaid notices, cause the performance of the
construction, reconstruction, repair, alteration, replacement or maintenance
of the driveway apron, curb, sidewalk or portion thereof to be done
and paid out of the Town of Boonton's funds available for that
purpose.
C.
Certification of expense. Upon performance of the construction, reconstruction,
repair, alteration, replacement or maintenance of the driveway apron,
curb, sidewalk or portion thereof, by the Town pursuant to this section,
the cost and expense of the work shall be certified by the Town Construction
Official. Upon the filing of the certificate, the amount reflected
therein shall become a lien upon the abutting owner of the driveway
apron, curb, sidewalk or portion thereof, to the same extent that
assessment 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. A certified copy of the aforesaid certificate
shall be prima facie proof of the existence of a debt due from said
owner to the Town in an action to recover the amount owed.
D.
Action at law. In the event that the abutting owner shall default
in the payment of an assessment, the Town may proceed against the
abutting owner in an action at law.
A person violating any of the provisions of this article shall, upon conviction, be liable to the penalty stated in Chapter 1, General Provisions, Article III, General Penalty, in addition to the penalties of § 254-31. Every day that such violation continues shall be deemed to be a separate offense.
