A.
Duties. The owners of real estate bordering upon any
public street shall construct, maintain and repair the sidewalks,
curbs and gutters abutting their property.
B.
Shade tree policy. Where sidewalk, curb or gutter
damage was caused by roots from street tree(s), and property owners
ask to have the tree(s) removed so as to prevent damage to the new
or existing sidewalks, but the City, in following its policy on shade
trees, declines to remove the tree(s), the City will assume the cost
of replacing that portion of sidewalk, curb or gutter damaged by the
roots.[1]
C.
Exceptions.
(1)
Where sidewalk, curb or gutter damage was caused by
the roots from street trees which were previously removed or may still
be in place, the City may assume the cost of replacing that portion
of sidewalk, curb or gutter damaged by the roots, but only as site
and financial conditions may warrant.
(2)
Where the City is doing complete street reconstruction,
the City may assume the cost of repairing or replacing curbs, gutters
and the sidewalks, but only as site and financial condition may warrant.
A.
Concrete used in the construction of sidewalks shall
be in accordance with current New Jersey State Highway Specifications
Class C and shall be air-entrained. Preformed bituminous-type joint
filler shall be 1/2 inch thick.
B.
All sidewalks shall be laid in conformity to the grade
of the street established by the City.
C.
In all streets where the width of the sidewalk is
not fixed by ordinance the width shall be 1/5 part of the total width
of the street, from the property line to the outside of the curbs
on each side.
D.
The minimum width of the paved portion of any sidewalk
shall not be less than five feet on any street, and the sidewalk shall
be paved to its full width when required by the Division of Streets.
E.
If the sidewalk is not immediately paved to its full
width, the space remaining unpaved must be maintained at the same
grade as the pavement.
F.
In general, the pavement must be so constructed that
the middle line of the paved portion of all sidewalks shall coincide
with an imaginary line drawn parallel with the outside line of the
curb at a distance equal to 1/2 the total width of the sidewalk. No
sidewalk shall be laid otherwise, except upon written approval issued
by the Superintendent.
G.
All sidewalks must have a pitch or slope from the
curbline toward the building ascending at a rate of 1/4 of an inch
to the foot. No sidewalk shall be constructed otherwise, except upon
written approval of the Superintendent of the Division of Streets.
H.
Sidewalks shall be constructed of portland cement
concrete, except under special circumstances where permission is granted
in writing by the Department of Public Works for the use of other
materials. When permission is granted for the use of other materials
the work shall be done in strict conformity with any special requirements
imposed by the Department.
I.
Concrete sidewalks shall be five inches thick, except
where driveways cross the sidewalks, in which case they shall be seven
inches thick within the limits of the driveway.
J.
The application of cement to the surface of the concrete
to hasten the hardening and to permit finishing is prohibited. The
concrete shall be cured with clear or translucent liquid curing compound
which shall be applied as soon as the concrete has been finished.
K.
In general, sidewalks shall be constructed in slabs
or independently divided sections. No section shall have an area of
more than 100 square feet, nor shall any section be more than 10 feet
on any side or have a length greater than 1 1/2 times its width. Where
it is desired to construct larger slabs, they shall be reinforced
with a steel mesh in a manner satisfactory to the Department of Public
Works. The method of placing the various sections shall be such as
to produce a straight, clean-cut joint between them extending the
full depth of the pavement so as to make each section an independent
unit.
L.
A one-half-inch joint shall be provided at least once
every 20 feet in the length of the walk which shall be filled with
an approved joint filler. A similar joint shall be provided at each
junction of sidewalk and street curb and between the sidewalk and
abutting buildings.
M.
Where the subbase upon which the sidewalk is to be
laid is of an unstable nature, it shall be removed to a depth of at
least four inches and replaced with well-compacted select material.
N.
No driveway across any sidewalk shall be wider than
40 feet. Multiple driveways shall be separated by a minimum twenty-foot
safety island. No driveways shall be located closer than 10 feet to
the corner of any two intersecting streets. No driveway exceeding
15 feet in width shall be located closer than five feet to any property
line. The width of the driveway shall be determined by the linear
measurement of curb removed or depressed below the established curb
elevation.
A.
Curbs shall be constructed of concrete in accordance
with New Jersey State Highway Specifications Class B or granite free
from seams or other imperfections. The granite curb shall be not less
than four feet in length, five inches thick and 16 inches in depth
throughout. The tops shall be dressed to a smooth and even surface,
and the sides shall be dressed to a smooth, even surface to a depth
of at least eight inches, with the ends cut and squared so as to form
close and even joints. The top shall also be cut to a bevel to meet
the pitch of the pavement.
B.
Where one curbline intersects another curbline, the
curblines shall be connected with circular curbing of a radius not
less than five feet. The circular curbing shall be set to a true tangent
with intersecting curblines in all cases. Where an angle occurs in
a curbline, the lines forming the angle shall be connected by a curve
of a radius approved by the Superintendent of the Division of Streets.
C.
Concrete curbs shall be six inches thick at the top
and eight inches at the bottom and 18 inches deep. The top corner
on face of the curb shall be rounded to a radius of one inch.
D.
Concrete curbs shall be cured in the same manner as
sidewalks.
E.
Forms for concrete curbs shall be made of substantial
materials, preferably steel forms. They shall be braced or staked
so as to insure perfect alignment and grade.
F.
After pouring concrete into the forms, it shall be
puddled and spaded so as to insure a thorough mixture, eliminate air
pockets and create uniform and smooth sides. Before the concrete has
thoroughly set and while it is still green, the forms shall be removed
and the front and top sides shall be finished with a float or steel
trowel to make a uniform finished surface. No plastering of the top
or face of the curb shall be permitted.
G.
All curbs shall be cut clear through by the use of
steel template or other approved means so that they will consist of
independent sections not more than 10 feet long.
H.
Expansion joints 1/2 inch in thickness shall be placed
between sections of curbs at intervals of not more than 50 feet. These
joints shall be filled with an approved premolded bituminous material.
Similar expansion joints shall be placed at street intersections where
the straight curb meets the curved section of curb.
A.
Concrete gutters shall be 14 inches in width and shall
be nine inches thick. The surface of the gutter shall have a descending
slope of one inch from the outer edge toward the curb. Concrete for
gutters shall be the same as specified for concrete curbs. Gutters
shall be divided into independent sections not greater than 10 feet
in length and expansion joints 1/2 inch thick shall be provided for
concrete gutters at intervals of not more than 50 feet.
B.
The distance from the top of the curb to the surface
of the gutter shall be fixed in each case by the Superintendent of
the Division of Streets.
Whenever an owner shall fail to construct the
sidewalks, curbs and gutters abutting his/her property or shall permit
them to deteriorate into such a condition that the safety or convenience
of the public is impaired, the Superintendent shall give notice to
that owner to carry out the necessary construction or repairs.
The notice shall contain a description of the
property sufficient to identify it, but need not necessarily contain
a legal description. It shall contain a general description of the
work required to be performed and shall state that if the owner does
not perform the work within 30 days from the date of the notice, then
the City shall carry out the necessary construction or repairs at
the cost to the owner. Notices shall be served either personally or
by mailing a copy to the owner at his/her last known address. If the
owner's address is unknown, the notice may be served by posting it
in a conspicuous place on the property affected and by publishing
it once in a newspaper circulating in the City.
It shall be a violation of this article for the owner or owners of the real estate abutting the public street and sidewalk to maintain the sidewalk, curb or gutter in an unsafe condition or state of disrepair as prohibited specifically by this chapter. Violations shall be prosecuted by the issuance of notice in the manner set forth in §§ 257-21 and 257-22. If, after the service of notice, the owner fails to carry out the required construction or repairs, in compliance with the notice issued, the owner or owners shall be in violation of this article and subject to the procedures and penalties for the enforcement thereof as provided in Chapter 1, Article III, General Penalty, provided that the provisions of this article shall not be construed in such a manner as to relieve the owner of responsibility or liability for violating conditions existing prior to the issuance of notice or process. Additionally, subject to the availability of resources, the work may be performed by the City. The cost of the work shall be recovered by an assessment against the property affected as provided in N.J.S.A. 40:65-8 et seq. The assessment shall be in addition to any penalty which may be imposed for a violation of this chapter.
In all cases not specifically provided for in
this article, the work of constructing, repairing and maintaining
sidewalks, curbs and gutters shall be performed in accordance with
New Jersey State Highway Department Standards for Road and Bridge
Construction, 1961, and all amendments thereto adopted prior to March
31, 1967.
Before commencing the construction, reconstruction
or substantial repair of any sidewalk, curb or gutter, a written permit
shall be obtained by the person for whom the work is to be done or
by the contractor who is to do the work. Application for permits shall
be made to the Department of Public Works and shall state the name
of the person who is to do the work or who is to be in charge of the
work. Work shall not be done by any other person unless notification
has been given, in writing, to the Department of Public Works, and
has been approved by the Department. The Department of Public Works
may suspend or revoke a permit, or deny an application for a permit,
when the person performing or in charge of the work has been guilty
of flagrant, repeated or continued violations of this article. Suspension
or revocation of a permit shall be in addition to any other penalty
which may be imposed for a violation.
A.
The Director of Public Works shall receive the following
fees for permits granted by him/her in accordance with the provisions
of this article:
[Amended 11-7-2013 by Ord. No. 13-50]
B.
A separate permit for the doing of any work under
the provisions of this article shall be issued for each property in
front of which the work is to be done, provided that where two or
more properties actually adjoin and are owned by the same person a
single permit may be issued.
