[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
Article I Repair of Curbs and Sidewalks
Article II Curb and Sidewalk Specifications
All owners of lands in the Borough of Seaside Heights, upon which sidewalks and curbs are or shall hereafter be constructed, shall keep and maintain the same in proper repair.
If any owner or owners of lands upon which sidewalks and curbs are now or shall hereafter be constructed shall neglect, after notice given as herein provided, to make the repair directed and required by this chapter, it shall be lawful for the Borough Council to cause such repair to be made under the direction and supervision of the proper officer of the borough or to award one or more contracts for the making of such improvements.
If, in any case, any sidewalk in this borough is in bad condition and in need of repair, notice shall be given to the owner or owners of the lands upon which such sidewalk and curb are located that unless repairs are made to the said sidewalk and curb within 30 days after the service thereof, it is the intention of the borough to make such repairs and to assess the same against the land upon which said sidewalk and curb are constructed as provided by law. Such notice may be served upon the owner or owners resident in such municipality, in person or by leaving the same at their usual place of residence with a member of their family above the age of 14 years; in case such owner shall not reside in the municipality, such notice may be served personally or mailed to the last known post office address, or it may be served upon the occupant of the property or upon the agent of the owner in charge thereof; in case the owner of any such property is unknown or service cannot for any reason be made as above directed, notice thereof shall be published at least once, not less than 30 days before the making of such improvement, by the Borough Council, in a newspaper printed and published in the Borough of Seaside Heights or, in the absence of such newspaper, in one printed and published in Ocean County and circulating in the Borough of Seaside Heights; there may be inserted in the said advertisement notice to the owners of several different parcels of land.
The purpose of this chapter is to set forth construction requirements for sidewalks and curbs in order to ensure that sound construction practices are incorporated into all such installations.
All references to Article numbers hereinafter set forth shall refer to the New Jersey State Department of Transportation Standard Specifications for Road and Bridge Construction, 1961.
During all periods of construction, the site must be kept clean on a continuing basis.
All work must be performed with minimum inconvenience to the public.
All curbing shall be backfilled immediately after stripping.
Barricades and lights must be supplied at all times during construction.
All curbing and sidewalk being removed shall be disposed of by the owner or contractor. Existing concrete shall be cut at all joints, whether longitudinal or transverse. Should cut occur at a location other than an existing joint, then contractor shall cut with a concrete power saw.
Where concrete sidewalk is removed and intersecting walks or driveway aprons are existing, the contractor shall remove such apron or walks to the nearest joint in the apron or walk or, in lieu thereof, shall saw-cut the apron or walk on the line of the principal walk removed.
The contractor shall exercise great care so as not to damage any existing curbs, walks, fences, steps, trees, bushes or any structures or property along the line of the work. The contractor shall use the proper size equipment as required to construct without damage to any property.
The Borough Engineer or Borough Administrator shall be advised in writing at least 24 hours in advance of exactly when the owner or contractor intends to pour concrete. The Borough Engineer or Borough Administrator shall be furnished with the concrete truck's slips indicating Class B or Class C State mix as required and that no water has been added since material left the plant.
Concrete curbs shall be constructed at the locations and to the line and grade provided by the Borough Engineer or the Borough Administrator. Curbs shall be 6 x 8 x 18 inches and shall be constructed of the New Jersey State Highway Class B concrete as specified in Article 4.1.2. Curb expansion joints shall be provided every 20 feet and equidistant between these joints will be a cut joint. Joint material shall be a bituminous cellular type 1/2 inch in thickness and shall be inserted 1/4 inch from the top and the face. Curb joints shall be neatly rounded to a 1/4 inch radius. It shall be the owner's or contractor's responsibility to make every possible effort for the determination of depressions in the curb for driveways to each property.
Curbs at driveways shall have a reveal of 1 1/2 inches to two inches. Where existing curb is replaced, it shall be removed in its entirety. Where a new driveway is installed in an existing curb, the old curb shall be removed in its entirety to the nearest joint and new curb installed.
Where paving is disturbed, the minimum paving replacement shall be six inches compacted gravel and two inches Type B Cold Patch or better or be equal or superior to the material disturbed.
Aprons, whether of concrete or bituminous materials, shall not be installed over curbs at driveways.
Concrete sidewalks shall be constructed of Class C concrete as specified in Article 4.1.2. Preformed bituminous cellular-type and preformed bituminous-type joint fillers shall conform to the requirements specified in Article 8.5.31. The subgrade for all sidewalks shall be smooth and even and at the prescribed grades and lines provided by the Borough Engineer or the Borough Administrator. Preparation of the concrete shall be as specified in Article 3.12.3. After being placed, the concrete shall be tamped, screeded and finished to true grade and surface. The finish shall be made with a wood float followed by brushing with a wide soft-haired brush to a neat and workmanlike surface. Transverse expansion joints 1/2 inch wide shall be provided at intervals of not more than 20 feet and filled with preformed bituminous cellular-type joint filler. Transverse joints shall be scored every four feet or shall be cut to match adjacent sidewalk along that particular street. The top of all joint filler shall be 1/4 inch below the top of the sidewalk. All edges shall be neatly rounded to 1/4 inch. The concrete shall be cured as specified in Article 5.5.3. All sidewalks shall be four inches thick, except at driveway areas where the thickness shall be six inches.
The width of the utility area between the curb and the sidewalk shall be determined by the Borough Engineer or Borough Administrator, but said area must be provided in all cases. Joints must be provided between the driveway aprons and the sidewalk.
All sidewalks shall be a minimum of four feet in width.
All properties within the Borough of Seaside Heights fronting a public street shall provide sidewalks and curbing in accordance with the requirements of this chapter.
It shall be necessary for the owner or contractor to receive final approval of said sidewalk or curb installation from the Borough Engineer or Borough Administrator. Said inspection will be for the purpose of ensuring that all specifications herein have been complied with and that no cracks are present in the finished concrete work. In addition, all concrete work must have a smooth and level finish between all joints in curbs and sidewalks. Furthermore, no approval shall be given for any asphalt materials, and all materials must be in accordance with the provisions of this chapter.
Any person violating or failing to comply with any other provision of this article shall, upon conviction thereof, be punishable by a fine of not more than $1,000, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.