Town of Clinton, NJ Article II Construction, Repair and Replacement of Sidewalks

[Amended 3-26-1985 by Ord. No. 85-4; 11-10-1992 by Ord. No. 92-11]

§ 122-33 Installation of new sidewalks.

A. The Mayor and Council will determine when to install new sidewalks along existing roads on a case-by-case basis, taking into consideration traffic density, the nature of the street or roadway involved, including whether it is an arterial street or a dead end or cul-de-sac, pedestrian usage, proximity of existing sidewalks on neighboring streets, topography of the street and shoulder area, the width of the right-of-way and comments of property owners in the area or the public. The cost of installing new sidewalks shall be borne by the Town.

B. The Planning Board or Board of Adjustment, as appropriate, will base its decision on whether to require sidewalks in connection with any application for development before it on the same criteria and considerations set forth in Subsection A. The cost of constructing such sidewalks shall be borne by the developer.

§ 122-34 Replacement of existing sidewalks.

[Amended 4-9-2019 by Ord. No. 19-02]

A. The members of the Road Committee of the Town Council, with the advice and assistance of the Town Engineer, shall review annually the existing sidewalks in the Town and draft a priority list for the replacement of sidewalks. The priority list shall be prepared each year in sufficient time to allow the Mayor and Council to consider the recommendations of the Road Committee and to allocate in the budget such funds as are deemed appropriate for replacement of sidewalks. Nothing herein shall eliminate a property owner's responsibility to maintain and repair sidewalks in accordance with § 122-37 herein and maintain trees in the public right-of-way or near a roadway in accordance with § 130-7 herein.

B. The Road Committee shall prioritize the sidewalks based on the general condition of all sidewalks throughout the Town, the degree of danger that the condition of particular sidewalks or particular areas of sidewalk pose to the public, the amount of pedestrian use of particular sidewalks, whether a particular sidewalk is part of a generally recognized walking route, whether the sidewalks have curb cuts for wheelchair access, whether the adjoining roadway is also being repaired or resurfaced and any other unique factors which would militate in favor of replacing or repairing a particular section of sidewalk. The Road Committee may recommend that only a portion of a particular sidewalk be constructed or replaced.

§ 122-35 Construction materials.

[Amended 12-12-1995 by Ord. No. 95-16]

New sidewalks and areas of reconstruction or replacement of existing sidewalks shall be constructed of concrete, slate, bluestone, concrete pavers or other construction material approved by the Mayor and Council. No asphalt shall be allowed. Construction material for replacement or repair of existing sidewalks shall, insofar as is practicable, match other existing sidewalks in the neighborhood and be consistent with the historical nature of the Town. The Road Committee shall give final approval to the construction materials called for in the bid specifications of any sidewalk project. Individual property owners who wish to change the material composition of sidewalks abutting their property, at their own cost and expense, must secure permission, in writing, from the Public Works/Business Administrator.

§ 122-36 Width of sidewalks.

The width of all sidewalks in residential areas shall be four feet, unless the Mayor and Council, after reviewing written recommendations from the Town Engineer, decide that another width is appropriate. Sidewalks in commercial areas shall extend from curb to adjoining building, unless the Mayor and Council, after reviewing written recommendations from the Town Engineer, decide that another width is appropriate.

§ 122-37 Maintenance.

[Amended 2-23-1993 by Ord. No. 93-2; 4-9-2019 by Ord. No. 19-02]

A. It shall be the duty of any owner and occupant of lands within the Town to keep the sidewalk and curbing abutting such lands maintained and properly repaired so as to minimize any endangerment to the public health, safety and welfare of any individual using the sidewalks. Except where the Town elects to install new sidewalks in accordance with § 122-33 or replace existing sidewalks in accordance with § 122-34, the owner or occupant of the property in front of which a sidewalk passes shall be responsible for all repair, maintenance and replacement of the sidewalk in front of the property. Additionally, such owners and occupants shall be responsible for the maintenance of trees and shrubs located adjacent to sidewalks in accordance with § 130-7 herein.

B. Maintenance shall include, but not be limited to, keeping the sidewalks free of grass, weeds, snow, ice, rubbish, obstructions, defects and nuisances.

C. For purposes of this section, the standard for repair and replacement of defective sidewalks is as set forth in the most recent edition of the International Property Maintenance Code and shall specifically include the standards set forth below. The repair and replacement of defective sidewalks shall also be in accordance with the 2010 ADA Standards for Accessible Design as amended by the Department of Justice.

(1) Sidewalks shall be stable, planar; flush and even to the maximum extent feasible.

(2) Walkway surfaces for pedestrians shall be capable of safely sustaining intended loads.

(3) Walkway surfaces shall be slip-resistant under expected environmental conditions and use. Painted walkways shall contain an abrasive adhesive, cross-cut grooving, texturing or other appropriate means to render the surface slip-resistant where wet conditions may be reasonably foreseeable.

(4) Interior walkways that are not slip-resistant when wet shall be maintained dry during periods of pedestrian use.

(5) Walkway surfaces shall have a cross slope that shall not exceed 1:50 and shall transition to meet adjoining walkway surfaces at the existing cross slops. The adjoining walkway surfaces shall be made flush and fair, whenever possible.

(6) Changes in level of 1/4 inch (6.4 mm) high maximum shall be permitted to be vertical.

(7) Changes in levels between 1/4 inch (6.4 mm) high minimum and 1/2 inch (13 mm) high maximum is permitted to be 1/4 inch (6.4 mm) beveled with a slope not greater than 1:2 (rise:run) plus 1/4 inch (6.4 mm) vertical. However, in no case may the combined change in level exceed 1/2 inch (13 mm).

(8) Changes in level exceeding 1/2 inch (13 mm) must comply with Section 405 (Ramps) or Section 406 (Curb Ramps) of the 2010 ADA Standards for Accessible Design as amended by the Department of Justice. For the purposes of this section, all ramps or stairways must be a minimum of four inches thick of continuous pour.

(9) All reconstruction, repair or replacement of sidewalks shall be done in a manner requiring the installation of a like-kind sidewalk to that being repaired or replaced. This section shall not apply to any sidewalk or curb during the period it is covered by a performance or maintenance bond or any curb or sidewalk which was installed incorrectly by a developer or a contractor over which the Town has or had control.

(10) The Town recognizes that various environmental conditions, such as humidity and temperature, can affect the difference in height of adjacent slabs of concrete. Accordingly, for purposes of enforcement only, the Town shall use 3/4 inch as the measurement that shall determine noncompliance with respect to the height of a lip with regard to a sidewalk concrete slab.

D. Property owners making repairs, whether doing so on their own or as required by the Town, shall conform to all aspects of this section of the Code and the referenced regulations.

§ 122-38 Intentional or negligent damage.

[Amended 12-12-1995 by Ord. No. 95-16]

The responsibility of the Town to reconstruct, replace and repair sidewalks shall not extend to sidewalks damaged by any person, firm or corporation. The person, firm or corporation damaging any sidewalk shall be responsible to repair or pay for the repairs to any such damaged sidewalk. Any such repairs shall be made under the direction of the Public Works/Business Administrator.

§ 122-39 Notice to public.

Before the Town embarks on any sidewalk reconstruction or repair or replacement project, the cost of which will exceed $5,000 or which will substantially alter the character and composition of the sidewalk, including, by way of example, replacing slate with concrete, the Mayor and Council shall hold a public hearing so that input from the public and adjoining property owners may be considered.

§ 122-40 Failure to maintain or repair.

[Added 4-9-2019 by Ord. No. 19-02]

A. Notice. Whenever an owner or occupant of such lands fails to maintain and repair the sidewalk and curb abutting said owner's or occupant's lands, or permits them to deteriorate into such condition that the safety of the public is impaired, written notice shall be given to the owner or occupant directing said owner or occupant to perform maintenance or repairs within 30 days from the date of service of the notice, with reasonable extensions to be granted upon request in writing to the Town Administrator due to weather-related circumstances. Whenever any lands are unoccupied and the owner cannot be found within the Town, or in case such owner is a nonresident of the Town or his or her post office address cannot be ascertained, then notice shall be given as specified in N.J.S.A. 40:65-14.

B. Procedure when owner fails to act. If the owner or occupant does not comply with the requirements of the notice described in § 122-40A, the Public Works Department of the Town may, upon filing due proof of service of publication of the aforesaid notice with the appropriate department of the Town, cause the required work to be done, and paid for out of the Town funds available for that purpose.

(1) The cost of such work shall be certified by the Public Works Department to the Tax Collector of the Town.

(2) Upon filing of the certificate, the amount of the cost of such work shall be and become a lien upon the abutting lands in front of which such work was done to the same extent that assessments for local improvements are liens in the Town, and shall be collected in the manner provided by law for the collection of such other assessments, and shall bear interest at the same rate.

(3) In addition thereto, the Town may have an action to recover the same amount against the owner of the lands, in any court having competent jurisdiction thereof.