[Adopted by 7-16-1962, Ch. 20, Art. 8, of the former Revised Ordinances]
[Amended 4-2-1973 by Ord. No. 73-5]
Subject to the provisions of § 230-15, any sidewalk or driveway apron, on any public street, which is out of line or grade or broken or out of repair or is otherwise in need of reconstruction or repair shall be relaid to line or grade or the broken portions thereof shall be repaired or reconstructed by the owner or owners of the land in front of which any such improvement, reconstruction or repair is to be made (hereinafter referred to in this article as the "owner of the land").
The owner of premises abutting a street right-of-way in the Township shall not allow or cause the construction or placement of any permanent structure, or planting of any plant life and allowing such plant life to grow higher than 24 inches, in the street right-of-way in front of such property without the approval of the Township Council.
[Added 4-15-1985 by Ord. No. 85-237]
[Amended 4-2-1973 by Ord. No. 73-5; 4-15-1985 by Ord. No. 85-237]
Whenever the Council determines that the sidewalk or driveway apron repair work described in § 230-14A is necessary, they shall cause notice thereof, signed by the Township Engineer, to be served upon the owner of the land, directing him to do the work within 30 days after service of the notice. In addition, the notice shall specify in sufficient detail the character of the improvement, reconstruction or repair to be made; set forth a description of the property affected, sufficiently definite to identify it; and give opportunity to the owner to be heard within said thirty-day period and to offer satisfactory reason why such work should not be done. The notice, service and proof of service thereof shall be made in accordance with the requirements of N.J.S.A. 40:65-1 et seq., as amended.
If the owner of the land has failed to make such improvement, reconstruction or repair within 30 days after service of the notice to do so, as described in § 230-15, and has failed to show good and sufficient reason why such work should not be done, the Council may have the work done at the cost and expense of the owner. The Township Engineer shall keep an accurate account of the cost thereof. If the cost or any part thereof is to be assessed upon the several properties fronting on the improvement, he shall assess such costs on them in proportion to the respective frontages thereon and shall file a report thereof, under oath, with the Township Clerk. The Council, after notice to the owner or owners of the time and place for examination of the report, shall examine such report and, if properly made, confirm and file it with the Tax Collector. Such assessments shall bear interest from the date set at the time of confirmation and at the rate specified for delinquent real estate taxes, and shall be a lien on the real estate assessed.
An assessment made under this article may, in the discretion of the Council, be paid in equal yearly installments, not exceeding five, with legal interest thereon, reserving to the owner the right to prepay any balance, with accrued interest thereon, at one time.
It shall be unlawful for any person to remove or cause to be removed or to repair or cause to be repaired or to construct or cause to be constructed any sidewalk, driveway apron or curb or part thereof, unless a permit therefor is first obtained from the office of the Township Engineer.
[Added 2-1-1982 by Ord. No. 82-174]
The fee for said permit required by the provisions of § 230-19 shall be $10.
The application for a permit under this article shall be signed by the owner of the land or his agent. The application shall state specifically the work to be performed, the place where the work is to be performed, the date of beginning and completion of said work, the address of the owner of the land or his agent and the name and address of the contractor who is to do the work.
The permittee, during the period of the removal or construction of any sidewalk, driveway apron or curb or part thereof, shall safely guard the space of such removal or construction during the time between sunset and sunrise with appropriate barriers and a lighted lantern securely placed at each end of the space of operation.
The permittee or his contractor shall, without additional cost to the Township, do all necessary grading for curbs or sidewalks and remove all existing obstructions.
The location of driveway entrances to properties shall be as directed by the Township Engineer. Any curb to be depressed for driveway openings shall be completely removed and reconstructed. Sidewalk and driveway grades shall be in accordance with construction details as established by the Township Engineer. No driveway curb opening in a residential area shall be in excess of 20 feet. No driveway curb opening in a commercial or industrial area shall be any greater than 30 feet, except that in commercial or industrial areas the Township Engineer may approve rounding of aprons between the curb and the sidewalk of up to three feet on each side, giving a maximum total cut at the curb of 36 feet and narrowing to a maximum of 30 feet at the sidewalk or five feet from the curb, whichever is closer. In commercial or industrial areas, when the opening is on a state or county highway, such approval by the Township Engineer shall be subject to review and final approval by either the New Jersey State Highway Department or the Essex County Highway Department, whichever Department shall have jurisdiction.
[Amended 2-20-1967 by Ord. No. 67-5]
Trenches shall be excavated and shaped to the proper depth and grade as directed by the Township Engineer. They shall conform with stakes set by the Township Engineer for that purpose.
Materials and workmanship for curbs, sidewalks and driveway aprons shall be in accordance with written specifications on file in the office of the Township Engineer.
The permittee shall give the Township Engineer at least 24 hours' notice of the time of pouring any sidewalk, driveway apron or curb, so that the Township Engineer may adequately inspect the same and require laboratory tests at the permittee's expense.
[Amended 12-17-1962; 7-30-1984 by Ord. No. 84-222; 10-23-2006 by Ord. No. 06-656]
Any person who violates any provision of §§ 230-19 to 230-25, both inclusive, shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Any person who violates any provisions of §§ 230-14 or 230-15 shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. The penalty provided by this subsection shall not be exclusive. The imposition and collection of a penalty imposed for a violation of §§ 230-14 or 230-15 under this subsection shall not constitute a bar to the right of the Township to proceed under the terms of § 230-16, and the fact that the Township may proceed under § 230-16 shall not bar the right of the Township to proceed to attempt to impose a penalty under this subsection.
[Added 4-15-1985 by Ord. No. 85-237]