Borough of Madison, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 8-8-1988 by Ord. No. 43-88]
As used in this article, the following terms shall have the meanings indicated:
SIDEWALK
A paved walkway for pedestrian traffic located along the side of a public street.
Every owner of land abutting upon or containing a sidewalk shall be responsible at the owner's sole cost and expense for maintaining and repairing such sidewalks so as to prevent or eliminate broken, raised or uneven pavement or other conditions creating a potential safety hazard for pedestrians. The obligations of abutting owners under this section shall not be dependent upon receipt of a notice pursuant to this article requiring the construction or repair of sidewalks.
A. 
No person shall construct or install sidewalks along a public street on property not currently improved with sidewalks, except as authorized or required by this section or by other ordinance or law.
B. 
Every owner of land abutting upon a public street which is not presently improved with sidewalks shall be responsible at said owner's sole cost and expense to construct sidewalks, if a determination is made by the Borough Council that sidewalks are necessary at that location and notice of said determination has been served upon the abutting owner in accordance with the provisions of this article.
C. 
Any such abutting owner desiring or his or her own initiative to install sidewalks may do so only after such a determination has been made, which may be requested by submitting an application to the Department of Public Works.
D. 
Upon final approval of the Borough Engineer, a residential property owner may apply to the Borough for partial reimbursement of the cost of replacement of an existing sidewalk or construction of a new sidewalk on land abutting a public street. The reimbursement shall be $25 per square yard. The reimbursement shall apply to sidewalk installation only and shall not apply to ancillary work such as landscaping, lawn sprinklers and electronic dog fences. The property owner shall submit to the Borough Engineer all bills associated with the project as well as evidence of payment to the contractor. The Borough Council shall appropriate an amount annually for this program, and the reimbursements will be paid up to the annual limit to those who file first in time.
[Added 8-14-2000 by Ord. No. 40-2000; amended 8-11-2003 by Ord. No. 37-2003; 4-13-2015 by Ord. No. 16-2015]
A. 
Any complaint, notice or other communication received by the Borough concerning the possible existence of a public safety hazard due to the absence or condition of sidewalks shall be forwarded to the Engineering Administrator, who shall arrange for an investigation as to whether a public safety hazard exists. The results of said investigation and a recommended determination as to whether the construction or repair of sidewalks should be required shall be reported to the Borough Council.
B. 
If the Borough Council determines that there is a need to construct or repair sidewalks, then the Council may by adoption of a resolution authorize service of a notice on the abutting owners or owners requiring the necessary specified work to be undertaken within a specified period of time of not less than 30 days from the date of service of such notice.
The notice provided for by § 166-35B may be served upon any owner residing within the Borough by personal service or by leaving the same at the owner's usual place of residence with a member of the household above the age of 14 years. If the owner is not a resident of the Borough, then the notice may be served by mailing it, postage prepaid, to the owner's post office address. If the owner's current mailing address cannot be ascertained, then the notice may be published for four weeks, once a week, in the official newspaper of the Borough.
If an owner does not comply with a notice served in accordance with this article and due proof of service or publication is filed in the Borough Clerk's Office, then the Borough Council may by resolution authorize the Public Works Department to cause the required work to be done and paid for out of municipal funds available for that purpose.
A. 
The cost of work undertaken pursuant to § 166-37 shall be certified by the Director of Public Works. Said certification shall be filed with the Borough Tax Collector, and a copy shall be forthwith forwarded to the owner by registered mail, if the owner's address is known.
B. 
Upon the filing of the certification of costs with the Tax Collector, the amount of the cost of such work shall be and become a lien upon the abutting property 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. Said costs shall be collected in the manner provided by law for collection of such other assessments and shall bear interest at the same rate.
C. 
The Borough may bring an action in any court of competent jurisdiction to recover said amount against the owner of said land. In any such action, a certified copy of the aforesaid certification shall be prima facie evidence of a debt due from said owner to the Borough.
D. 
All moneys recovered or paid to the Borough under this section shall be credited to the account out of which the cost of such work was paid.
A. 
No person shall remove any existing sidewalks abutting or adjacent to any public street in the Borough, except for removal in connection with the repair or replacement of sidewalks, unless said removal has been authorized by resolution of the Borough Council.
B. 
Any person seeking such approval shall submit a request to the Department of Public Works, which shall prepare a report and recommendation for the Borough Council. Approval shall not be recommended unless a determination is made that sidewalks are not needed for pedestrian safety purposes, based upon consideration of street characteristics, traffic volume, pedestrian volume, the existence of sidewalks on nearby properties and other pertinent factors. Any such approval shall be conditioned upon a requirement that the land be properly graded and seeded following the sidewalk removal.
C. 
In the event that sidewalks are removed without the prior approval required by this section, the owner of the abutting property may be directed to construct new sidewalks in accordance with the requirements and procedures set forth in this article.
No person shall undertake any work involving the removal, repair, reconstruction or construction of sidewalks without first obtaining all permits required by Article III of this chapter.
A. 
The provisions of this Article shall be deemed to be supplemental to the provisions of Chapter 195 and shall not impair or negate any provisions of said Chapter 195 concerning requirements for the construction of sidewalks in connection with subdivisions, site plans and other development approvals.
B. 
The provisions of this article shall not impair or negate the authority of the Borough to construct or reconstruct sidewalks in connection with road reconstruction projects.
If any provision, section, subsection, paragraph, sentence, clause or phrase of this article shall be declared invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this article, and to this end, the provisions of this article are hereby declared to be severable.