[Adopted 9-27-1989 as Ord. No. 1989:584]
[Amended 3-28-1990 by Ord. No. 1990:592]
A.
In all the streets, roads and highways of the Borough
of Closter, the sidewalks shall be constructed, reconstructed, paved,
repaved, curbed, recurbed, improved, repaired and maintained in full
at the cost and expense of the owner or owners of the land in front
of which the improvement is made.
B.
For purposes of this article, maintenance shall include
but not be limited to the prompt clearance of all snow, ice, weeds,
vegetation and debris from said sidewalks and curbs. It shall also
include the maintenance and repair of all cracks and crevices, the
maintaining of a level surface and the taking of all necessary steps
to ensure as far as practicable the safety of the users of said sidewalk.
For all repairs and/or replacements of more than 25% of curbing and/or
sidewalk, a building permit in the amount of $60 shall be obtained
by the owner for review and inspections of all new sidewalk and curbing.
[Amended 8-12-2009 by Ord. No. 2009:1048]
[Added 9-27-1989 by Ord. No. 1989:584]
In the making of such improvements, the materials
to be used shall be as recommended by the Borough Engineer and adopted
by resolution by the Mayor and Council.
[Amended 7-24-2019 by Ord. No. 2019:1261]
The construction of all such improvements shall
be under the control, supervision and inspection of the Borough Engineer,
his or her representative, and/or the Construction Code Official.
Where the grade of any street, road or highway
or of a section thereof along which any improvement herein contemplated
is proposed to be made shall have been established by law or municipal
act previous to the adoption of this Article or the issuance of notices
hereinafter referred to, said improvements shall be made to conform
as nearly as practicable to the grade so established.
In every instance where any of the improvements
herein provided for are required to be performed, no work of construction
shall be commenced or proceeded with until grade stakes shall have
first been located by the Borough Engineer. Applications for the location
of grade stakes shall be made to the Borough Clerk by or for the owner
of any premises in front of which any of the herein described improvements
are intended to be made.
All costs and expenses incident to the giving
of proper grades and the setting of stakes therefor preparatory to
the making of any of the improvements contemplated by this Article
and inspection by the Borough Engineer shall be borne by the owner
of the premises in front of which such grades shall be established
and shall be a lien against said premises until paid.
None of the improvements herein contemplated
shall be required to be performed except upon resolution of the Mayor
and Council directing the Borough Clerk to issue notices to the owner
or owners of the properties in front of which it is proposed to make
a contemplated improvement. Such notice shall contain the description
of the property affected sufficient to identify it, a description
of the improvement and a statement of the percentage of the cost to
be borne by the owner or owners of such real estate and a statement
that unless the owner or owners complete the same within 30 days after
service thereof, the borough will make the improvement at the expense
of the owners.
Notice set forth in § 171-24 shall be done in accordance with N.J.S.A. 40:65-3.
When any of the improvements herein provided
for are made by the Borough of Closter, the cost and expense thereof
and incident thereto shall be apportioned among the several properties
improved in proportion to the frontage of their respective lands,
and a true statement of such cost, under oath or affirmation, shall
be forthwith filed by the Borough Engineer with the Borough Clerk.
The Mayor and Council shall examine such statement and, if the same
is properly made, shall confirm the same and file the same with the
Collector of Taxes. Such Collector of Taxes shall forthwith record
such assessments in the borough assessment record. Before confirming
the report, the Mayor and Council shall give notice to the owner or
owners named therein of the time and place fixed for examination of
the report. The notice shall be served in the same manner as required
for service of notices pursuant to law.
Sidewalk assessments shall bear interest from
the time of confirmation at the same rate and with the same penalties
for nonpayment as assessments for local improvements and from confirmation
thereof will be a first and paramount lien upon the real estate assessed
to the same extent and be collected and enforced in the same manner
as assessments for local improvements. Payment of assessments may
be made in installments in the same manner and at the same rate of
interest as assessments for local improvements.
The Mayor and Council may make a sidewalk improvement or award a contract therefor without giving the notice provided for in § 171-24 if notice of the pendency of the ordinance providing for the improvement has been given to the owners of the real estate affected thereby and a hearing be given to all persons interested in the proposed improvement at the time and place stated in the notice before adoption of the ordinance. The notice shall be served or published 10 days prior to the date fixed for hearing.
