[Adopted 10-9-67 as Ord. No. 67-91; amended 7-7-08 by Ord. No. 08-11]
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84]
It shall be unlawful for any person to construct or remove or
cause to be constructed or removed any sidewalk, driveway apron, curb
or gutter or any part thereof within any public right-of-way in the
Township of East Brunswick without first having obtained a permit
to do so from the Manager of Engineering Services or his/her designee.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
Applications for a permit under this Article shall be made to
the Township by the owner of the premises or his agent upon forms
provided by the township and shall contain the following information
A.
The name and address of the applicant.
B.
The name and address of the person who is to perform the proposed
work and the name and address of the owner of the property on which
the work is to be performed, if other than the applicant.
C.
The location, by street number or otherwise, of the premises where
the work is to be done.
D.
The estimated cost of the proposed work.
E.
A line and grade plan showing the proposed work, including its exact
location with respect to a street intersection or some other fixed
and prominent object, as well as its width and relationship to the
grade of the street and the adjacent property and, in the case of
a driveway apron, its slope or pitch.
F.
Any other information that the Township deems necessary in order
to determine whether the work will comply with this Article.
[Amended 7-7-08 by Ord. No. 08-11]
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
A fee of twenty-five dollars ($25.) shall be charged for each
permit, and in addition thereto, the applicant shall pay the cost
of all tests which the Manager of Engineering Services or his/her
designee deems necessary. The fee shall be paid at the time the application
is filed, and the cost of all proposed tests shall be paid prior to
the issuance of any permit.
[Amended 4-26-82 by Ord. No. 82-451; 7-7-08 by Ord. No. 08-11]
A.
All materials and work shall be in accordance with the current NJDOT
Specification Manual and the Township specifications on file in the
Department of Planning and Engineering.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
B.
Any sidewalk, driveway apron, curb or gutter which is removed shall
be promptly replaced in accordance with township specifications.
C.
No concrete sidewalk shall be placed or covered with blacktop.
D.
Whenever a curb cut or driveway depression is required, the entire
section or sections of curb or curb and gutter shall be removed and
replaced. The breaking and recapping of curbing is specifically prohibited.
E.
New or replacement sidewalks in all historic districts shall be constructed
of brick in accordance with township specifications on file in the
office of the Department of Planning and Engineering.
[Amended 4-24-89 by Ord. No. 89-12]
F.
New or replacement curbing in all historic districts shall be constructed
of Belgian block in accordance with township specifications on file
in the office of the Department of Planning and Engineering.
[Amended 4-24-89 by Ord. No. 89-12]
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
The applicant shall notify the Department of Planning and Engineering
at least twenty-four (24) hours prior to the time of pouring or laying
any sidewalk, driveway apron, curb or gutter.
[Amended 7-7-08 by Ord. No. 08-11]
This Article shall not apply to:
A.
The initial installation of sidewalks, driveway aprons, curbs or
gutters in a major subdivision where the work is covered by performance
guaranties required by the approving authority.
[Amended 7-7-08 by Ord. No. 08-11]
B.
The repair or replacement of less than eight (8) lineal feet of an
existing sidewalk.
[Added 7-22-74 by Ord. No. 74-91-B; 7-7-08 by Ord. No. 08-11]
A.
The sidewalk and curb shall be kept in good repair by the owner or
owners of the property in front of which the said sidewalk and curb
are located.
B.
In accordance with the notice procedures provided in this section,
any sidewalk or curb on any public street which is out of line or
grade, or broken or out of repair, or is otherwise in need of construction
or repair shall be re-laid to line or grade or the broken portions
thereof shall be repaired or reconstructed by the owner or owners
of the land in front of which any such improvement, reconstruction
or repair is to be made. This section shall not apply to any sidewalk
or curb during the period it is covered by a performance or maintenance
bond or any sidewalk or curb which was installed incorrectly by a
developer or contractor over which the township has or had control.
C.
Whenever the Manager of Engineering Services or his/her designee
determines that such sidewalk or curb work is necessary, a notice
shall be served upon such owner or owners directing completion of
the work within sixty (60) days after service of said notice. The
notices shall specify in sufficient detail the character of the improvement,
reconstruction or repair to be made. It shall set forth a description
of the property affected sufficiently definite to identify the same
and shall otherwise comply with the requirements of N.J.R.S. 40:65-1,
etc. for such cases made and provided. The notice shall give opportunity
to such owner or owners to be heard and to offer satisfactory reasons
to the Manager of Engineering Services or his/her designee why such
work should not be done. Service of the notice and proof of service
thereof shall be made in accordance with the requirements of N.J.R.S.
40:65-1, etc.
[Amended 7-7-08 by Ord. No. 08-11]
D.
If, in the absence of any good and sufficient reason why such work
should not be done, said owner fails to make such improvement, reconstruction
or repair within sixty (60) days after service of the notice aforesaid,
then the Manager of Engineering Services or his/her designee may have
the work done at the cost and expense of said owner or owners, and
an accurate account of the cost thereof shall be kept. The cost thereof
shall be assessed against the owner or owners of the land in front
of the improvement or repair, and a report thereof shall be filed
with the Township Clerk. The governing body, after notice to the owner
or owners, shall confirm said report and file it with the Tax Collector.
Such sidewalk or curb assessment shall bear interest from the time
of confirmation and shall be a lien on the real estate assessed and
shall be collected in the same manner as taxes and other legal assessments.
[Amended 7-7-08 by Ord. No. 08-11]
E.
Nothing contained in this ordinance shall impose an obligation upon
the Township of East Brunswick, the Manager of Engineering Services
or any other Township employee to survey existing sidewalks, to determine
whether repairs are necessary, or to cause any sidewalk to be reconstructed
or repaired.
[Added 7-13-87 by Ord. No. 87-849; 7-7-08 by Ord. No. 08-11]
