Borough of Wenonah, NJ Construction and Maintenance

The laying out, opening or establishing of a new street, alley or other public highway or portion thereof, the widening, straightening, extension, alteration or changing in any manner of the location of a street, alley or other public highway or portion thereof, the grading or alteration of the grade of a street, alley or other public highway or portion thereof, the paving, repaving or otherwise improving or reimproving of a street, alley or other public highway, or portion thereof, the curbing or recurbing, guttering or reguttering of a sidewalk in, upon or along a street, alley or other public highway, or portion thereof, may be undertaken by the Borough of Wenonah as a local improvement, and the cost of such local improvement may be assessed upon land in the vicinity thereof in accordance with N.J.S.A. 40:56-1 to end[1] and acts amendatory thereof and supplemental thereto.

[Amended 12-27-1984]

[1]

Editor's Note: Section 6 of the ordinance adopted 12-27-1984, which amended this subsection, provided that "For purposes of this ordinance, reference to either N.J.S.A. 40:56-1 to end or N.J.S.A. 40:65-1 to end shall include all pertinent revisions and amendments thereto."

Streets shall be fully constructed in accordance with the requirements of Article VI, Section 601 of the Land Use Ordinance of the Borough of Wenonah adopted December 11, 1997, and any amendments thereto before their acceptance as Borough streets. The governing body of the Borough of Wenonah may, by resolution, establish such additional requirements as may be deemed appropriate for any specific situation.

[Amended 12-27-1984; 4-24-2003 by Ord. No. O-03-5]

On all existing and previously accepted streets, the sidewalk area shall be brought to grade at the time of installation of any new curb or sidewalk or when any present curb or sidewalk is repaired or replaced to an extent of 10% of the length thereof on any one side of any one property, or upon the construction of any structure or improvement of any one property.

[Added 11-8-1962; amended 12-27-1984; 4-24-2003 by Ord. No. O-03-5]

Where the title to two or more contiguous lots, as shown on the Borough Tax Map or any other filed plan or map, is in the same owner, the word "property" shall include any one of such delineated lots.

[Added 11-8-1962]

Except as otherwise set forth herein, curbs and sidewalks shall be constructed by a property owner in all instances where a building permit is required for the construction of a principal building, and the proposed principal building or structures adjoin public roadways.

[Added 12-27-1984; amended 3-12-2009 by Ord. No. 2009-3]

The Borough Council, upon application by a property owner or his/her authorized representative, may waive the requirement to install curbs and/or sidewalks and permit a payment-in-lieu of the estimated costs thereof after consideration of the following:

[Added 12-27-1984; amended 3-12-2009 by Ord. No. O-2009-3]

(1)

The existence of curbs and/or sidewalks in front of other properties on the street or streets on which the subject property adjoins;

(2)

The existence of curbs and/or sidewalks along streets in the immediate vicinity of the subject street;

(3)

The character and nature of the community for the ability to connect curbs and sidewalks on the subject property to curbs and sidewalks on the remaining portion of the street;

(4)

The effect that the installation of curbing or sidewalk will have on the stormwater drainage on the subject street;

(5)

The plans of the Borough to construct or reconstruct the road immediately adjacent to the required curb and sidewalk;

(6)

The existence of vacant land on the subject street and the likelihood that such vacant land will be developed in the future;

(7)

The existence of the lot frontage on two or more streets with one or more of the streets being unimproved and its improvement not contemplated by the Borough;

(8)

Whether the width of the right-of-way is sufficient to contain curbs/sidewalks;

(9)

Whether construction of curb or sidewalk 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 and thus requiring extraordinary construction;

(10)

The existence of any environmental condition such as freshwater wetlands or wetlands buffer areas or other environmental conditions that may be impacted by curb or sidewalk construction;

(11)

The recommendations of the Borough Engineer who shall consider and evaluate the above items;

(12)

Any other special condition, circumstance or matter not otherwise enumerated above but which may render the installation of curb or sidewalk to be adverse to the public interest, safety or welfare.

Where no sidewalks have been constructed, the clear zone of the sidewalk area, as defined in § 56-3B, shall be maintained with a downward slope of 1/4 inch per foot toward the curb, shall be grassed and, except for those items specifically exempted in § 56-3C, shall be free of all obstructions.

[Added 12-27-1984; amended 8-9-1990]

Upon the failure of the owner or owners of lands fronting or bordering on any borough streets to construct, pave, repave, curb, recurb, improve and/or repair the sidewalks, curbs and driveway approaches, or upon the failure of the owner or owners of lands fronting or bordering on any borough streets to properly grade and maintain any sidewalk area where no sidewalk is constructed within 30 days after the service of notice pursuant to the provisions of N.J.S.A. 40:56-1 to end and 40:65-1 to end,[2] said improvements shall be done by the Borough of Wenonah or under its direction pursuant to the statutes aforesaid and the cost assessed against the lands affected.

[Added 12-27-1984]

[2]

No building or other structure shall be permitted on a property which does not abut a constructed and approved street unless appropriate relief has been granted under Article IV, Subdivision and Site Plan Review, of the Land Use Ordinance of the Borough of Wenonah, or under Article VII, Zoning Regulations of the Land Use Ordinance of the Borough of Wenonah.

[Added 12-27-1984; Amended 4-24-2003 by Ord. No. O-03-5]

Procedure to request waiver and payment-in-lieu. Applications for a waiver and payment-in-lieu of installation of curb or sidewalk shall be submitted to the Borough Council in the form of a written request and payment of a review fee of $200, such fee reasonably estimated to defray the administrative and engineering costs of a review. A property survey, plan or sketch plat shall accompany the written request and such further information as the applicant may wish to be considered in accordance with standards otherwise set forth within this chapter. After submission of applicant's request, the Borough Engineer shall review the application and report his/her recommendations to the Borough Council. If a request is recommended for approval by the Borough Engineer, he/she shall prepare an estimate of the anticipated costs of installation of curb and/or sidewalk, which sum shall be utilized in establishing a payment-in-lieu by the applicant as otherwise set forth within this chapter. Nothing within this subparagraph, section or chapter of the Borough Code shall be construed to waive, prohibit or impede the right of the Borough to install curbs and/or sidewalks adjoining or within roadway rights-of-way and thereafter assess property owners by special assessment as otherwise provided by law. All requests for curb and/or sidewalk waivers shall be signed or authorized by the owners of the affected property.

Payments-in-lieu of constructing curb or sidewalk. In those instances when an application for waiver of construction of curb and/or sidewalk is approved by the Borough Council in accordance with the standards and procedures within this chapter, it shall be a condition of such waiver that the property owner make a payment-in-lieu to the Borough in a sum equal to the reasonable estimate of the construction costs that would have been incurred for such construction including costs of grading and other costs in preparation of the site within which sidewalks or curbs would be installed. No certificate of occupancy shall be issued until such payment-in-lieu is made and, if a certificate of occupancy or a temporary certificate of occupancy has been issued, such certificate of occupancy may be subject to revocation if such payment-in-lieu shall not be made.

All payments-in-lieu made shall be deposited in a "dedication by rider" fund established by the Borough for the sole and exclusive purpose to defray the Borough's cost of installation of curb or sidewalk at any location within the Borough where the Borough deems such construction to be in the interests of the public health, safety or welfare.

[Added 3-12-2009 by Ord. No. O-2009-3]

§ 56-2 Conformity.

[Amended 4-24-2003 by Ord. No. O-03-5]

Any new curb or sidewalk constructed after the passage of this ordinance, or any present curb or sidewalk repaired to an extent of 10% of the length thereof on any one property, shall conform to the specifications as hereinafter provided.

§ 56-3 Sidewalks; definitions; exemptions to regulations.

[Amended 4-24-2003 by Ord. No. O-03-5]

The "sidewalk area" (pedestrianway) is hereby defined as that area lying between the property line and the curbline. If a sidewalk is required (see § 56-1E and F), the paved portion of the sidewalk area shall be four feet in width. The distance from the outside face of the curb to the center line of the paved portion of the sidewalk area shall be 10 feet.

[Amended 11-8-1962; 8-9-1990]

The "clear zone" of the sidewalk area is hereby defined as that area lying between the curbline and the paved portion of the sidewalk area. Where no paved portion exists, the "clear zone" is further defined as a distance of 12 feet measured perpendicular from the curbline toward the property line.

[Amended 11-8-1962; 8-9-1990]

In order to promote the aesthetic qualities of the Borough of Wenonah and to protect public safety, the full width of the clear zone of the sidewalk area shall be and remain unobstructed. Obstructions include, but are not limited to, the following: signs, fences, vegetation (other than grass), ornamental landscaping, yard decorations, rocks, hardscape and/or other masonry improvements, etc. Specifically exempted from the requirements of this ordinance are:

[Amended 11-8-1962; 8-9-1990; 9-27-2012 by Ord. No. 2012-10]

(1)

The activities of the Shade Tree Commission of the Borough of Wenonah.

(2)

Installation of mailboxes where required and authorized by the United States Postal Department.

(3)

Work performed by utility and cable television companies or their agents authorized to do business in the Borough of Wenonah.

(4)

Work performed by the Streets and Utilities Departments of the Borough of Wenonah.

(5)

Traffic control and directional signs and other signs authorized by Mayor and Council or other governmental agency having jurisdiction.

(6)

Historical artifacts such as hitching posts confirmed as to authenticity by the Wenonah Historical Society or such successor organization as may be created and authorized by Mayor and Council. Authorization for exception hereunder by Mayor and Council may be granted only after it is determined that such authorization does not violate the intent of this section of the ordinance.

(7)

Benches placed by the borough for the benefit of the general public and ramps or other facilities provided by the Borough for the handicapped.

(8)

Grass. Not exceeding six inches in height.

In the event any emergency or maintenance work is required within the clear zone by any State, county or local agency, or any public utility, such public agency or utility is not required to restore or replace any improvements installed by the owner within the clear zone.

[Added 9-27-2012 by Ord. No. 2012-10]

§ 56-4 Filing of written application.

[Amended 4-24-2003 by Ord. No. O-03-5]

It shall be unlawful to grade, pave, install or repair any sidewalk, curb or driveway without first filing a written application with the Borough Code Official or Borough Engineer and obtaining a permit therefor.

§ 56-5 Application information.

[Amended 4-24-2003 by Ord. No. O-03-5]

The application for the permit shall contain a general description of the proposed work, its location, the use and occupancy of the adjacent premises and such additional information as may be required by the Borough Code Official or Borough Engineer, including drawings or sketches.

§ 56-6 Issuance of permit.

[Amended 4-24-2003 by Ord. No. O-03-5]

If the application and the proposed work conform to the requirements of this Chapter and all other laws and ordinances applicable thereto, then a permit shall be issued as soon as practicable. Any permit issued shall become invalid if the authorized work is not started or is suspended after starting for a period of three months. A copy of said permit shall be kept at the work site at all times during the permitted construction or repair and shall be made available upon the request of any duly authorized Borough Inspector.

§ 56-7 Sidewalk specifications.

[Added 4-24-2003 by Ord. No. O-03-5]

Any new sidewalk constructed after the passage of this chapter, or any present sidewalk repaired to an extent of 10% of the length thereof on any one property, shall conform to the following specifications:

Width of paved portion. The paved portion of any sidewalk, provided that the width of the street permits, shall be not less than four feet in width.

Obstructing. The full width of any sidewalk from fence line to curbline shall remain unobstructed unless special privilege is secured from the Borough Council and/or the Shade Tree Commission.

Grading. The grade of the sidewalks, regardless of the material of construction, shall have a uniform pitch of 1/4 of an inch to the foot toward the curbline or street, except where the physical conditions alter the situation, and in such case, modifications must first be approved by the Borough Code Official or Borough Engineer.

Materials for paved portion. The materials for the paved portion of sidewalks may be concrete, flagstone, bricks/pavers, provided that the alignment, grade, construction and ingredients correspond to the provisions of this section. In all cases where the subgrade shall be of a clay or spongy nature, there shall be an additional excavation to a depth of four inches below the base of the improved pavement and the space shall be filled and well tamped with sand or cinders.

Concrete sidewalks.

(1)

Concrete sidewalks shall be at least four inches in thickness, composed of what is known as the one-course one-to-two-mix, namely, one equal part by volume of cement, to equal parts by volume of good clean sand, to four equal parts by volume of crushed rock, pebbles or slag; theses ingredients shall be well mixed in a dry condition and then sufficient water added to obtain the desired consistency and the mixing continued until the materials are uniformly distributed and the mass homogeneous and uniform in color. The concrete shall be of such consistency that when placed in the forms and tamped, there will be no voids when the forms are removed. All concrete shall be class C concrete, as defined in the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction 1961, and any amendments thereto.

(2)

The concrete shall be placed in the forms for the full thickness of the pavement in the one-course type and finished with a steel trowel. No topping or plastering will be permitted.

(3)

Expansion joints at least 1/4 inch in width shall be cut through the full thickness of the pavement every four to six feet. About every 30 feet a one-half-inch tar filler shall be placed.

(4)

All sidewalks shall be graded to provide adequate drainage of rainwater toward the curbline or street.

Flagstone/slate sidewalks. Each flagstone/slate shall be at least two inches thick and contain not less than eight square feet, and such stones shall be laid on a foundation of cinders, sand or crushed stone not less than five inches deep. Stones/slate shall be cut straight so that they fit properly against each other and shall be so laid as to preserve a straight line along the edges. All stone/slate shall be placed in a rich mixture of grout in order that they may hold their alignment and grade.

Brick/paver sidewalks. The earth shall be leveled at least five inches below the finished grade of the bricks/pavers and shall be well settled by ramming. A foundation shall be laid of concrete 2 1/2 inches thick, composed of one part cement, three parts clean sand and five parts of broken stone, pebbles or slag (by volume), and brought to a good, even grade. After this has set one-half inch of sand shall then be laid over the surface. The bricks/pavers, not less than two inches thick of good, hard quality, shall be laid upon this foundation, with all interstices filled in with a good grout mixture. The stratum of bricks/pavers along each edge of the walk shall be laid on edge lengthwise or on end, forming a border and preserving a straight line along both edges of the pavement, and the concrete foundation shall extend for the full width of the pavement, including the edges.

Accepted good practice generally. Workmanship in the preparation and installation of any and all of the materials referred to in this section shall conform to generally accepted good practices. Specific provisions of this section shall not be deemed to suspend any requirements of good practices, but shall be regarded as supplementing or emphasizing them and shall be controlling.

New practices and techniques. Wherever and whenever any of the specifications set forth in this section shall become outmoded by modern practices or techniques, or whenever they shall fall below the standards in use at the time of any new sidewalk construction or installation, the modern standards, practices and techniques shall be controlling.

§ 56-8 Curb specifications.

[Added 4-24-2003 by Ord. No. O-03-5]

Any new curb constructed after the passage of this Article, or any present curb repaired to an extent of 10% of the length thereof on any one property, shall conform to the following specifications:

Materials and finishing. All curbs, except where granite is specified by the Borough Council or Borough Engineer, shall be constructed of concrete of the one-course type and of the same ingredients and mixture as provided in Section 56-7E. The surface of the concrete shall have the trowel finish. The outer edge of the top of curbs shall be finished with an edging tool having a one-inch radius. Existing curbs shall be maintained in good condition. In the event that tree roots prevent replacement of concrete curb without endangering the tree, asphalt material may be temporarily utilized in a manner and fashion approved by the Borough Code Official or Borough Engineer or his or her designee. This provision shall apply only while the endangered tree continues to exist.

Removing forms. Curb forms must be removed soon enough to afford proper finishing. The face of the curbs shall be finished for at least 12 inches below the top. No topping or plastering will be permitted.

Dimensions. The curbs shall be at least six inches in thickness at the top and seven inches in thickness at the base, giving a one-inch flare on the face, and shall be at least 16 inches in depth.

Expansion joints. Expansion joints at least 1/4 inch in width shall be cut not over eight feet apart for the full width and depth of the curbs. About every 30 feet a tar filler one-half inch in thickness shall be fitted.

Removing excess concrete. Excess concrete extending over the thickness of the curb at the top is to be removed, leaving a straight line along the inner edge of the curb.

Curb corners. All corners shall be rounded with a five-foot radius, unless otherwise ordered in writing by the Borough Code Official or Borough Engineer. All corners shall be protected between tangent points by a steel bar at the upper outer edge thereof (commonly known as a "nose bar").

Accepted good practice generally. Workmanship in the preparation and installation of any and all of the materials referred to in this section shall conform to generally accepted good practices. Specific provisions of such section shall not be deemed to suspend any requirements of good practices, but shall be regarded as supplementing or emphasizing them and shall be controlling.

New practices and techniques. Wherever and whenever any of the specifications set forth in this section shall become outmoded by modern practices or techniques, or whenever they shall fall below the standards in use at the time of any such new curb construction or installation, the modern standards, practices and techniques shall be controlling.

§ 56-9 Driveways; requirements.

[Added 4-24-2003 by Ord. No. O-03-5]

All driveways shall conform to the following requirements:

Each premises served by driveways crossing the sidewalk shall have no more than two driveways.

No driveway shall exceed a width of 24 feet.

All subsurface material shall be properly graded and adequately tamped before the placement of any concrete.

All driveways shall be constructed of reinforced concrete with a minimum thickness of six inches.

Concrete used in all driveways shall be so proportioned as to develop an ultimate compressive strength of 2,500 pounds per square inch at 28 days. The reinforcement shall not be less than six by six 2/2 wire mesh.

If the construction of a new driveway shall necessitate moving of any fire hydrant, then the fire hydrant shall be relocated at the expense of the person having the driveway installed. The relocation of the fire hydrant shall be approved by the Public Works Department of the Borough of Wenonah.

New granite curb, curved two-foot-radii stone, shall be set in line with the existing curbing on both sides of each new driveway constructed.

§ 56-10 Determination of need for repair or alteration; notice to owner or occupant.

[Added 4-24-2003 by Ord. No. O-03-5]

Repairs, alterations, re-laying or maintenance of any sidewalks, curbs or driveways shall be required whenever the Borough Council, Borough Code Official or Borough Engineer, upon 20 days' notice to the owner or occupant of such abutting property and an opportunity to such abutting owner or occupant to be heard, shall, by resolution of the Borough Council, determine that such repairs, alterations, re-laying or maintenance, at the expense of the abutting landowners, is reasonably necessary for the safety of the public using such sidewalks, curbs or driveways or for the efficient utilization of the sidewalks, curbs or driveways for the purpose for which they are constructed. No sidewalk, or any sidewalk abutting a driveway or curb, shall maintain an elevation or declivity in excess of one-half inch.

Such notice of the proposed adoption of the resolution shall also specify the work to be done by the owner or occupant shall contain further notice that in the event that the Borough Council makes such determination by resolution, the owner or occupant shall be required to commence the work specified within a period of not less than 20 days from the date of service of such notice.

§ 56-11 Notice when owner is unknown.

[Added 4-24-2003 by Ord. No. O-03-5]

Whenever any such lands are unoccupied and the owner cannot be found within the Borough, the notice may be mailed, postage prepaid, to his or her post office address if the same can be ascertained, but in case the owner is a nonresident or his post office address cannot be ascertained, then such notice shall be inserted for two weeks, once a week, in the official newspaper of the Borough.

§ 56-12 Failure to comply; work to be done by Borough; costs to become lien.

[Added 4-24-2003 by Ord. No. O-03-5]

In case the owner or occupant of such lands shall not comply with the requirements of such notice, it shall thereupon be lawful for the Borough Public Works Supervisor, as the person in charge of the Public Works Department of the Borough, upon filing due proof of the service or publication of the aforesaid notice with the Borough Clerk, to cause the required work to be done and paid for out of the municipal funds available for that purpose the cost of such work shall thereupon be certified by the Borough Clerk to the Borough Tax Collector, and upon filing the certificate, the amount of the cost of such work shall be and become a lien upon the abutting lands in front of which said work was done to the same extent that assessments for local improvements are liens in the Borough under general law and shall be collected in the manner provided by law for collection of such other assessments and shall bear interest at the same rate.

§ 56-13 Additional remedies.

[Added 4-24-2003 by Ord. No. O-03-5]

In addition to the remedies specified above, the Borough may have an action to recover the amount against the owner of the lands in any court having competent jurisdiction thereof, and a certified copy of the aforesaid certificate shall in such action be prima facie evidence of the existence of the debt due from the owner to the Borough.

§ 56-14 Disposition of moneys.

[Added 4-24-2003 by Ord. No. O-03-5]

All moneys recovered or paid to the Borough under the provisions of the foregoing sections shall be credited to the account out of which the cost of such work was paid.

§ 56-14.1 Emergency repairs.

[Added 4-24-2003 by Ord. No. O-03-5]

Where repairs are necessary to prevent loss or damage to the streets or property, or in case of any emergency repairs or service to a utility service, it shall not be necessary to obtain a permit before commencing such repair, but such permit shall be obtained within two days thereafter, and this section shall not be held or taken in any case to exempt the person, partnership, association or corporation making such repair. In the event that a Borough employee and/or agent is required to make required repairs, the Borough of Wenonah, and their employees and/or agents shall not be required to replace and/or reinstall flagstone, bricks or pavers. The repair and/or replacement of flagstone, bricks or pavers shall be the responsibility of the owner or occupant of the property receiving the emergency repairs.

§ 56-14.2 Fee schedule.

[Added 4-24-2003 by Ord. No. O-03-5]

No permit for any work covered by this Article shall be issued until the payment of the fees as provided in the following schedule:

Type of Work	Fee
Installation of new sidewalks, including replacement	$20
Installation of new curbs, including replacement	$20
Installation of new driveway, including replacement	$25
Repairs to existing sidewalks, driveways or curbs	$10

In addition to the permit fee, the sum of $0.50 for each linear foot up to 50 feet and $0.20 for each linear foot over 50 feet shall be imposed.

§ 56-14.3 Waiver of permit fees.

[Added 4-24-2003 by Ord. No. O-03-5]

No person shall be charged a permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing private structure or any of the facilities contained therein.

A disabled person, or a parent or sibling of a disabled person, shall not be required to pay any municipal fee or charge in order to secure a permit for any construction, reconstruction, alteration or improvement which promotes accessibility to his or her own living unit.

"Disabled person" means a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any resident of this state who is disabled pursuant to the federal Social Security Act (42 U.S.C. § 416), or the federal Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.) or is rated as having a 60% disability or higher pursuant to any federal law administered by the United States Veteran's Act. For purposes of this subsection, "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a corrective lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20° shall be considered as having a central visual acuity of 20/200 or less.

§ 56-14.4 Violations and penalties.

[Added 4-24-2003 by Ord. No. O-03-5]

Any person who shall violate any provisions of this chapter, or who shall fail to comply with any of the requirements thereof, or who shall install or repair any sidewalk, curb or driveway in violation of a permit issued under the provisions of this chapter or fail to comply with a notice from the administrative authority shall, for each and every violation, be subject to a fine of not less than $100 nor more than $1,000 or to imprisonment in the county jail for a term not exceeding 90 days, or both, at the discretion of the Municipal Judge of the Borough of Wenonah.

§ 56-14.5 Severability.

[Added 4-24-2003 by Ord. No. O-03-5]

Should any section, clause, sentence, phrase or provision of this ordinance be declared unconstitutional or invalid by a Court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance.

§ 56-14.6 Repealer.

[Added 4-24-2003 by Ord. No. O-03-5]

All prior ordinance or parts of ordinances inconsistent with this ordinance be and the same are hereby repealed to the extent of such inconsistencies.

§ 56-14.7 Effective date.

[Added 4-24-2003 by Ord. No. O-03-5]

This ordinance shall take effect immediately upon final passage and publication in accordance with law.