Town of Boonton, NJ
Morris County
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Table of Contents
Table of Contents
A. 
New sidewalks constructed in residential zones as defined and set forth in Chapter 300, Zoning and Land Use, shall be constructed of concrete.
B. 
Repairs, maintenance, replacement, alteration and/or reconstruction of existing sidewalks and curbs shall be done in accordance with the following guidelines:
(1) 
Existing concrete and asphalt sidewalks shall be repaired, reconstructed or replaced using concrete.
(2) 
Existing slate sidewalks shall be repaired, reconstructed or replaced using either slate or concrete.
(3) 
Existing sidewalks that are not concrete, asphalt or slate, shall be repaired, reconstructed or replaced using either concrete or state.
C. 
Curbs shall be constructed in accordance with the following guidelines:
(1) 
New curbs shall be constructed of concrete or granite block, unless the street is a continuation of an existing street containing curbs, in which event the new curbing shall be consistent with the existing curbing.
(2) 
Existing concrete curbs shall only be repaired or reconstructed with concrete.
(3) 
Existing granite block curbs shall only be repaired or reconstructed with granite block.
Sidewalks and curbs constructed in the business, commercial and industrial zones as defined and set forth in Chapter 300, Zoning and Land Use, shall be constructed of concrete, except that the Mayor and Board of Aldermen may allow substitute materials such as brick pavers, when the following requirements are met:
A. 
The Town Engineer has determined in writing that the proposed sidewalk will be equal in quality and durability to concrete sidewalks constructed in accordance with the specifications required in § 254-28 hereinbelow.
B. 
The proposed sidewalk meets all other applicable sidewalk construction standards set forth in this chapter.
C. 
In projects requiring site plan or subdivision approval from the Planning Board, the use of substitute materials shall be subject to the Board's approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The construction, reconstruction, repair, alteration, replacement or maintenance of driveway aprons, curbs and sidewalks or portion thereof abutting private property, shall be the duty of the abutting owner and shall be accomplished at the expense of such abutting owner. This duty shall extend to construction, reconstruction, repair, alteration, replacement or maintenance of driveway aprons, curbs and sidewalks to prevent or eliminate broken, cracked, raised, deteriorated, disintegrated, deficient finish or surface, deficient grade, metal, metal grates, metal plates, obstructions and any other condition or defect, so as to minimize any nuisance or endangerment to the public health, safety and welfare of any pedestrians using the sidewalks. The duty of this section shall not be dependent upon receipt of any notice pursuant to this Chapter 254. Before proceeding with any such construction, reconstruction, maintenance or repairs, however, the owner must apply for and obtain a permit from the Town of Boonton. Said construction, reconstruction, repair, alteration, replacement or maintenance shall be performed in conformance to the standards for sidewalk and curb construction as provided by this Chapter 254, and the property owner shall submit to any inspections that may be required by the Town of Boonton relative to said permit.
B. 
In the event the driveway apron, curb and sidewalk or portion thereof, appears to be raised or uneven due to the growth of tree roots which are in the Town of Boonton's right-of-way, the abutting owner of the driveway apron, curb and sidewalk or portion thereof, must immediately notify the Code Enforcement/Property Maintenance office and provide the owner's name, address and the defect. If it is determined by the Code Enforcement Officer that the tree is a Town tree and in the right-of-way, the Town will remove or modify the roots. Any construction, reconstruction, repair, alteration, replacement or maintenance of driveway aprons, curbs and sidewalks will then be the obligation of the abutting owner.
Sidewalks, driveway aprons and curbs shall be constructed strictly in accordance with specifications hereinafter set forth.
A. 
Concrete sidewalk, general. The following specifications provide for the construction of sidewalks to be of Class "B" concrete, air entrained, and to be of the single-course type. They shall have a minimum width of four feet and a minimum thickness of four inches.
B. 
Concrete sidewalk and curb construction.
(1) 
Excavation. All grass, roots, sod or other materials, including but not limited to the existing or old sidewalk and curb, that are unsuitable for a foundation shall be removed together with such earth and rock as is necessary to permit the surface of the sidewalk to be laid to the proper grade. Where sidewalk has to be placed on fill, the fill shall be deposited in six-inch layers and rolled and tamped. All excavation materials cannot be disposed onto the owner's property, any street, sidewalk or right-of-way.
(2) 
Drainage. Where the subgrade is wet or apt to be frequently water soaked, provision shall be made to secure adequate drainage by excavating the unsuitable material, and filling in with tamped cinders, sand, gravel or crushed stone, and if necessary by laying drain pipes.
(3) 
Subbase. All sidewalks shall be laid on a firm and unyielding base which has been thoroughly compacted by tamping, ramming and/or wetting. The base shall have a minimum thickness, measured after compacting, of four inches.
(4) 
Slope. All finished sidewalks shall be at least one inch above the finished curb and have a side slope of 1/4 inch per foot of width towards the curb and shall be free from waves, depressions and projections deviating more than 3/16 inch. Unsatisfactory portions of the sidewalk shall be replaced to the satisfaction of the Department of Public Works Superintendent.
(5) 
Protection of surface. When completed, all walks shall be kept moist and protected from traffic and the elements for three to four days according to weather conditions. The forms shall be removed with great care and upon their removal the edges of the walks shall be protected in a suitable manner.
(6) 
(Reserved)
(7) 
Drains under sidewalks. No leader pipe or other drain shall discharge over the sidewalk but must be carried under the sidewalk to the gutter in a cast-iron pipe or bituminized fiber pipe. The hole in the curb must be round, neatly cut, leaving at least one inch of solid stone or concrete over the hole, doing no other damage to the curbing, and shall be of no larger diameter than necessary. When the sidewalk is but four feet wide, the pipes must be so laid that the hubs will not come under the sidewalk. In the place of a cast-iron pipe or bituminized fiber pipe a trough of masonry may be constructed and covered with a suitable cover having its top surface flush with the surface of the sidewalk and of a rough character to prevent slipping. No trough shall be wider than six inches.
(8) 
Concrete curbs. The face and top of the curb shall be struck off with an edging tool. The surface shall be smooth finished by means of a wooden float.
(9) 
Dimensions. All concrete curbs shall be 18 inches in depth, six inches wide at the top, and eight inches wide at the base.
C. 
Driveway aprons. Driveway aprons shall be considered to consist of that portion of the driveway extending from the curbline to the edge of the sidewalk nearest the curb. The edge of the sidewalk nearest the curb shall not be higher than the top line of the curb if projected, and the apron shall run in a straight grade from the edge to the bottom of the driveway opening or gutter and shall not project past the curbline.
D. 
All new sidewalks shall be constructed in accordance with the following minimum depths and widths:
(1) 
Residential areas:
(a) 
Concrete: depth four inches, width four feet.
(2) 
Residential areas at driveways, including but not limited to driveway aprons, ramps and sidewalks crossed by driveways:
(a) 
Concrete: depth six inches, width four feet.
(3) 
Commercial/industrial areas:
(a) 
Concrete: depth six inches, width four feet.
(4) 
Commercial/industrial areas at driveways:
(a) 
Concrete: depth six inches, width four feet.
E. 
The Town Building Department shall be given at least 48 hours' prior notice of the intention to begin construction, reconstruction, repair, alteration, replacement or maintenance of driveway aprons, curbs and sidewalks. Once the construction, reconstruction, repair, alteration, replacement or maintenance of driveway aprons, curbs and sidewalks has been started, the work shall be carried to completion. In the event the construction, reconstruction, repair, alteration, replacement or maintenance of driveway aprons, curbs and sidewalks is delayed for a period in excess of five days, the Town Building Department shall be given notice of such delay and, in addition, shall be given at least 24 hours' notice prior to resumption of the work.
Any residential property owner in the Town may apply to the Mayor and Board of Aldermen to have his/her/its sidewalk or curb removed by the Public Works Department, providing that the property owner enters into an agreement with the Town wherein the sidewalk or curb will be replaced by the property owner and constructed in accordance with the Town specifications. This program will not be offered to a property owner unless at least 50% of the sidewalk or curb is to be removed by the Town and replaced by the property owner. This program shall not apply to or be available to owners of commercial, industrial, or institutional property. Condominium and apartment complexes (two or more buildings) and sidewalks not within a public right-of-way shall be excluded from this program as well.
A. 
Any property owner entering into an agreement with the Town will be required to have a new sidewalk constructed in accordance with the Town specifications within 30 days of the old sidewalk or curb being removed by the Department of Public Works. If the property owner fails to have the new sidewalk constructed within 30 days, the Town may construct the sidewalk and the total cost incurred by the Town will be placed as a lien against the property owner.
B. 
The property owner will be required to provide insurance coverage indemnifying the Town against any claims or losses in connection with the sidewalk or curb replacement work to be done. A certificate of such insurance must be filed with the Town Administrator prior to any work commencing.
C. 
The Department of Public Works Superintendent shall schedule the removal of any sidewalks or curbs at times that best fit into the work schedule of the Department of Public Works. The Department of Public Works Superintendent shall notify the property owner at least 48 hours in advance of when the Department of Public Works will remove the existing sidewalks or curbs. To avoid any conflicts with snow and leaf removal, sidewalk or curb replacement shall be scheduled only during the period March 1 through October 31.
D. 
All new sidewalks shall be constructed in accordance with the following minimum depths and widths:
(1) 
Residential areas:
(a) 
Concrete: depth four inches, width four feet.
(2) 
Residential areas at driveways, including but not limited to driveway aprons, ramps and sidewalks crossed by driveways:
(a) 
Concrete: depth six inches, width four feet.
(3) 
Commercial/industrial areas:
(a) 
Concrete: depth six inches, width four feet.
(4) 
Commercial/industrial areas at driveways:
(a) 
Concrete: depth six inches, width four feet.
Any person who shall construct, reconstruct, repair, alter, replace or conduct maintenance of driveway aprons, curbs and sidewalks or portions thereof, shall do so strictly in accordance with the specifications of this chapter. Inspection by the Department of Public Works Superintendent or his agents for compliance shall be requested at least 48 hours in advance.
A. 
Notice to repair. When the abutting owner fails to maintain driveway aprons and sidewalks in accordance with § 254-27, and such condition shall be complained of to, or discovered by the Code Enforcement/Property Maintenance office of the Town of Boonton, he/she shall make, or cause to be made, an inspection of the driveway apron, curb, sidewalk or portion thereof, and shall make an initial written notice to the abutting owner to perform construction, reconstruction, repair, alteration, replacement or maintenance within 45 calendar days from the date of service of the initial written notice. The initial written notice shall be served by regular mail to the abutting owner's last known post office address according to the Town of Boonton's tax assessment records. In the event the abutting owner fails to construct, reconstruct, repair, alter, replace or conduct maintenance of the driveway apron, curb, sidewalk or portion thereof, within the time frame of the initial written notice, a second written notice shall be issued to the abutting owner with an additional 45 calendar days to complete the construction, reconstruction, repair, alteration, replacement or maintenance of the driveway apron, curb, sidewalk or portion thereof. The second notice shall be served by regular mail and certified mail, return receipt requested, to the abutting owner's last known post office address according to the Town of Boonton's tax assessment records. In the event the abutting owner's post office address cannot be ascertained, then a notice shall be inserted for two weeks in the Town's official newspaper.
B. 
Performance by Town. In the event the abutting owner shall fail to comply with the requirements of the initial and second written notices, the Town of Boonton shall, upon filing of proof of the service or publication of the aforesaid notices, cause the performance of the construction, reconstruction, repair, alteration, replacement or maintenance of the driveway apron, curb, sidewalk or portion thereof to be done and paid out of the Town of Boonton's funds available for that purpose.
C. 
Certification of expense. Upon performance of the construction, reconstruction, repair, alteration, replacement or maintenance of the driveway apron, curb, sidewalk or portion thereof, by the Town pursuant to this section, the cost and expense of the work shall be certified by the Town Construction Official. Upon the filing of the certificate, the amount reflected therein shall become a lien upon the abutting owner of the driveway apron, curb, sidewalk or portion thereof, to the same extent that assessment for local improvements are liens and shall be collected in the manner provided by law for collection of assessments, bearing interest at a like rate. A certified copy of the aforesaid certificate shall be prima facie proof of the existence of a debt due from said owner to the Town in an action to recover the amount owed.
D. 
Action at law. In the event that the abutting owner shall default in the payment of an assessment, the Town may proceed against the abutting owner in an action at law.
A person violating any of the provisions of this article shall, upon conviction, be liable to the penalty stated in Chapter 1, General Provisions, Article III, General Penalty, in addition to the penalties of § 254-31. Every day that such violation continues shall be deemed to be a separate offense.