[Adopted 9-9-1968 by Ord. No. 133]
After the adoption of this article or concurrently therewith, the Mayor and Council of the Borough of Buena may adopt resolutions from time to time designating areas to be affected by this article. Passage of such resolutions shall be noticed to the affected property owners pursuant to § 195-7 hereinafter.
A.
Line and grade. Curbs shall be constructed to the line and grade
as established and staked by the Borough Engineer, who will set stakes
when authorized and directed to do so by the Mayor and Council.
B.
Size of curb. Curbs shall be 18 inches in depth and have a minimum
thickness at the top of six inches. Sides shall be battered one inch
to allow paving rollers to work adjacent to them. The use of combined
curb and gutter will be authorized when requested.
C.
Material. Curbs shall be constructed of concrete of sand, stone and
portland cement, so proportioned and mixed to have a compressive strength
of 3,500 pounds at the end of 28 days.
D.
Radius. Curbs shall be constructed with a radius at all cross streets
of not less than 15 feet, or as directed by the Borough Engineer.
E.
Driveway openings. Where no drives now exist, all entrances shall
be made with a dropped driveway opening through the curb. The drop
will be so designed to allow a one-and-one-half-to-two-inch lip from
the gutter. Where existing hardtopped drives now exist, curbs will
be adjusted, with short radius if necessary, to try to hit the existing
drives for grade and line, if possible.
F.
Sidewalks. If sidewalks are installed, they will be placed by the
Borough Engineer as close to the property line as practical in order
to keep a uniform park grass strip and to allow a slope along driveways
to the gutter grade that will not make a steep approach.
If any owner or owners of land fronting upon the streets mentioned
in the resolutions aforesaid shall choose to do his, her or their
own curbing and guttering in front of that land, it is her, his or
their own expense and written notice of such intentions shall be filed
with the Buena Borough Clerk within 20 days after receipt of formal
notice of passage of the resolution designating their land as affected,
with a copy of this article attached thereto, and such work so to
be done shall be completed within 30 days after the filing of such
notice with the Buena Borough Clerk; otherwise, such landowner or
owners shall be liable to an assessment for all costs and expenses
incurred in the construction and completion of curbs and gutters.
A.
In order to finance the installation of curbs as herein provided
for, the Borough, by its corporate power, shall be authorized to issue
bonds or bond anticipation notes, or both, to be identified as local
street improvement assessment bonds and bond anticipation notes, in
such sum as the Council by resolution may require, and by the appropriation
from the general capital improvement fund of the Borough of such amounts
as the Council may by resolution deem necessary.
B.
The rate of interest which such bonds or notes shall bear shall not
exceed 6% per annum.
C.
The period of usefulness of the aforesaid local improvement is declared
to be 10 years. The aforesaid bonds to finance said local improvement
and to meet the costs of the same shall be liquidated in five years.
D.
A supplemental debt statement, as required by and as defined in the
Local Bond Law, Title 40A, Chapter 2, of the New Jersey Statutes Annotated,[1] has been duly made and filed in the office of the Clerk
of the Borough of Buena. This statement shows that the gross debt
of the Borough, as defined in this Local Bond Law, Title 40A, Chapter
2, of the New Jersey Statutes Annotated, is increased by the present
obligation by the amount authorized by the aforesaid Council resolution,
and that the obligations authorized by this article will be within
the debt limitations prescribed by the Local Bond Law, Chapter 2 of
Title 40A of the New Jersey Statutes Annotated.
[1]
Editor's Note: See N.J.S.A. 40a:2-1 et seq.
E.
The full faith and credit of the Borough of Buena are hereby pledged
for the principal and interest on such obligations issued pursuant
to this article.
The costs and expenses incurred in the construction and completion
of the said local improvement shall be assessed against the properties
specifically benefitted in proportion to the benefits received. Assessments
shall be distributed for payment over a five-year period and dated
in five equal annual installments.
Nothing herein shall be construed to affect any curbs or such
streets now in good repair and constructed at said grade or slope
and substantially in accordance with this article and the specifications
as set forth by the Borough Engineer.
Upon failure of the owner or owners of lands fronting or bordering
on the subject street to construct, recurb, improve, repair or install
curbs within 30 days after service of notice pursuant to the provisions
of N.J.S.A. 40:65-1 et seq., and the acts amendatory thereof and supplemental
thereto, the said improvement shall be done by the Borough or under
its direction pursuant to the statutes aforesaid and the cost assessed
against the lands affected.
