All curbs and sidewalks constructed in accordance with the provisions
of this article shall be constructed in accordance with specifications
governing such installations as may be adopted by the Township from
time to time. The Township Engineer shall provide the specifications
at the request of the property owner and shall review any construction
of curbs and sidewalks to determine the correctness of the line and
grade and the compliance with the specification.
A.
Curbs and sidewalks. Except as provided in § 142-18, no person shall erect any building in any district zoned residential (R-1, R-2, R-3 or R-4) or commercial (C or NC) under Chapter 166, Zoning, of the Township of West Deptford, as amended, and as it may be amended in the future, on any lot fronting on a public street in the Township of West Deptford, without constructing in front of the property on which the building is located curbs and sidewalks. With respect to corner properties, the "front of the property" shall be deemed to mean both lines of the property fronting on both public streets.
[Amended 6-5-1980 by Ord.
No. 80-9]
B.
Application to include location of sidewalks and curbs. Every applicant
for a building permit shall, on the plot plan submitted therewith,
indicate therein the location of curbs and sidewalks. The Building
Inspector shall not include the cost of the said sidewalks and curbs
in determining the cost of the total improvement and in determining
the cost of the building permit.
C.
Lines, grades, waiver requests; cost.
[Amended 6-5-1980 by Ord.
No. 80-9; 6-18-1996 by Ord. No. 96-10]
(1)
Except as hereinafter provided in § 142-18B, before making application for a building permit, each applicant governed by the provisions of this article shall obtain lines and grades from the Township Engineer, and all sidewalks and curbs shall be constructed in conformance with such lines and grades.
(2)
Each applicant shall be responsible for payment of the cost of establishing
the said lines and grades and shall, at the time of his or her request
to have the same established, post the sum of $450 with the Township
Clerk, which said sum shall be held in escrow by the Clerk pending
the completion of the work of the Township Engineer. Upon completion
of the establishment of the lines and grades, the Township Engineer
shall properly submit his bill or voucher to the Township Clerk and
the Township Clerk shall remit payment to the Engineer and return
the balance of the escrow money, if any, to the applicant. In the
event the cost of establishing the lines and grades exceeds the fund
of $450, the applicant shall nonetheless be responsible for the payment
of such excess sum for the subject engineering work and shall pay
the same before a building permit is issued.
(3)
Each applicant requesting a permanent waiver in conjunction with § 142-18B shall be responsible for payment of the cost of the Township Engineer establishing the conditions that exist that would allow for such waiver. At the time of his or her request, the applicant must post the sum of $100 with the Township Clerk, which said sum shall be held in escrow by the Clerk pending the completion of the work of the Township Engineer upon completion of the work performed. The Township Engineer shall properly submit his bill or voucher to the Township Clerk and the Clerk shall remit payment to the Engineer and return the balance of the escrow money, if any, to the applicant.
The Township Committee may, from time to time and by ordinance
or resolution, concurred in by at least 2/3 of the membership of the
Township Committee, require the installation of sidewalks and curbs
on any public street within the Township of West Deptford upon determination
by it of the need for such installation as a matter of public health
and safety, proper flow of surface waters or for any other good cause.
The cost of such construction shall be borne by the property owners
affected. Such notice as may be required by N.J.S.A. 40:65-3 et seq.
shall be given to the property owners affected, and the requirements
of the said statute with regard to notice and hearing shall be given
whether the action taken is initiated by ordinance or resolution.
Before any construction may be performed by the Township of West Deptford
causing a lien against affected properties, the owners of such properties
shall be given 30 days after service of notice of the final action
of the Township Committee to construct the required improvements.
Upon failure of such owner or owners to so construct within the time
aforesaid, the municipality shall construct such curbs and sidewalks
within the terms of N.J.S.A. 40:65-1 et seq.
The Township Committee may, from time to time, by resolution
concurred in by at least 2/3 of the membership of the Township Committee,
require the repair and reconstruction of any sidewalks and curbs in
the Township deemed to be in a dangerous or deteriorating condition.
Upon receipt of notification of such determination by a property owner,
said property owner shall repair or reconstruct the subject curb and
sidewalk within 30 days, and upon failure to do so, the municipality
may perform such repair or reconstruction and assess the said property
in accordance with N.J.S.A. 40:65-1 et seq. The Township Committee
may also, from time to time, by resolution concurred in by at least
2/3 of its entire membership, provide for the repair or reconstruction
of sidewalks on the streets or roads of the Township at public expense,
provided that the conditions required by N.J.S.A. 40:65-9.1 through
40:65-9.6 are complied with.
[Amended 6-5-1980 by Ord.
No. 80-9]
Except as provided in § 142-18, no certificate of occupancy for any building shall be granted by the Township Building Inspector and the Zoning Officer unless and until the construction of curbs and sidewalks is completed and approved as to location, grade, material and workmanship after inspection thereof by the Township Engineer or other official designated by the Township Committee.
[Amended 7-2-1981 by Ord.
No. 81-17]
The Inspector's Office and the Department of Public Works are
hereby designated as the enforcing agencies for this article.
[Added 6-5-1980 by Ord.
No. 80-9]
A.
Temporary waivers. The Township Committee may grant any person temporary relief from the requirements of this article for a certificate of occupancy (§ 142-16), by resolution duly adopted, under the following terms and conditions:
(1)
That unsatisfactory prevailing weather conditions are in existence;
or
(2)
That there is ongoing or imminent roadway or utility construction
which would affect the curb or walk construction or which would impede
the roadway or utility construction, in the opinion of the Township
Engineer; and
(3)
That such temporary waiver shall not exceed a period of 120 days.
B.
Permanent waivers. The requirements for the construction of curb
and sidewalks provided for in this article may be permanently waived
by resolution duly adopted by the Township Committee upon certification
by the Township Engineer to the Township Committee that one or more
of the following conditions exist as to any given property:
(1)
When anticipated curb or sidewalk construction would be dangerous
to pedestrian or vehicular traffic.
(2)
When construction of curb or walk is impractical by virtue of existing
road profiles being excessively higher or lower than proposed road
profiles such that the improvements would be buried or elevated, requiring
extraordinary construction.
(3)
When the lot has frontage on two or more streets and one or more
of the streets is unimproved and its improvement is not contemplated
or its vacation is contemplated by the Township Committee.
(4)
When the width of the municipal right-of-way is insufficient to contain
curbs and/or sidewalks.
[Added 12-4-1980 by Ord.
No. 80-24]
