[Adopted 12-4-2001 by Ord. No. 01-12 (Ch.
145, Art. II, of the 1990 Code)]
Maintenance at expense of owner. All sidewalks
in said Township shall be well and sufficiently constructed, repaved
and maintained under the supervision of the Municipal Engineer, at
the expense of the person or persons in front of or along whose lot
or lots of ground such paving may be required to be done.
A.
Uniform width.
The sidewalks of all streets or highways of the Township now or hereafter
laid out shall be uniformly paved the width and manner ordered by
resolution of the Township Committee or, if no such resolution has
been adopted, the full width thereof as ordained in the manner and
of materials hereinafter specified.
B.
Sidewalks shall
be constructed in conformance with the following specifications. Sidewalks
shall be required along both sides of all newly constructed streets
within the interior of a proposed subdivision and along one side of
the entire frontage of a subdivision on an existing public street,
and shall be constructed in accordance with the following standards:
sidewalks shall be at least five feet in width and four inches thick,
constructed of one course of concrete, except that a sidewalk forming
part of a driveway apron shall be at least six inches thick at grade
with abutting sidewalks and of the same construction material as the
abutting sidewalk and shall be constructed in accordance with the
current prevailing standards of the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction, dated 1983,
as amended. Such construction standards shall include the following:
the subgrade shall be properly prepared and compacted, if disturbed,
or upon an undisturbed suitable subbase, upon which shall be installed
a four-inch compacted thickness, three-quarter-inch clean crushed
stone base.
C.
D.
Notice of required
improvements; work done by Township; assessment of costs.
(1)
The Township
Committee may by ordinance provide for the construction and reconstruction,
paving and repaving, repairing and improving of the sidewalks of the
streets and highways at the cost of the owner or owners of the real
estate in front of which the improvement is made.
(2)
Before making
such improvement, the Township Committee shall cause a notice of the
proposed improvement to be given to the owner or owners of all real
estate affected thereby. Said notice shall contain a description of
the improvement and a statement that unless the owner or owners complete
the same within 30 days after service thereof, the Township will make
the improvement at the expense of the owners.
(3)
If the owner of any real estate affected by such improvement after passage of ordinance and notice given as in Subsection D(2) above shall fail to make such improvement, the Township may cause the improvement to be made under supervision of the Municipal Engineer, who shall keep an accurate account of the cost thereof and shall assess such cost upon the several properties fronting on the improvement in proportion to the respective frontage thereof, and file a report thereof with the Municipal Clerk. The Township Committee shall examine such report and, if properly made, confirm and file it with the officer charged with the collection of assessments, who shall record the same in the book in which other assessments of the Township are recorded. Before confirming the report, the Township Committee shall give notice to the owner or owners of the time and place fixed for examination of the report.
A.
Snow and ice
to be removed. The owner and/or tenant of lands abutting or bordering
upon the sidewalks or walking area of public streets and highways
of the Township of Harmony shall remove all snow and ice from the
sidewalks, driving aprons or walking areas for a minimum width of
three feet within 24 hours after the same shall fall or be formed
thereon.
B.
Placing snow
in street forbidden. Snow and ice so removed by the owner and/or tenant
shall at no time be placed in the street abutting the sidewalks or
walking area.
C.
Violations and
penalties. For any and every violation of the provisions of this section,
the owner and/or tenant shall be subject to the following penalties.
A.
Penalties.
[Amended 6-6-2002 by Ord. No. 02-5]
(2)
For the violation
of this article, a minimum penalty shall be imposed, which shall consist
of a fine in an amount not exceeding $100. A court before which any
person is convicted of violating any ordinance shall have the power
to impose any fine, term of imprisonment, or period of community service
not less than the minimum and not exceeding the maximum fixed in this
article.
(3)
A person
convicted of violating this article within one year of the date of
a previous violation of the same article, and who was fined for the
previous violation, shall be sentenced by the court to an additional
fine as a repeat offender. The additional fine imposed by the court
upon a person for a repeated offense shall not be less than the minimum
or exceed the maximum fine fixed for a violation of the article, but
shall be calculated separately from the fine imposed for the violation
of the article.
(4)
Any person
convicted of the violation of the article may, in the discretion of
the court by which he was convicted, and in default of the payment
of any fine imposed therefor, be imprisoned in the County Correctional
Facility (or a place of detention provided by the Township) for a
term not exceeding 90 days, or be required to perform community services
for a period not exceeding 90 days.
B.
Separate violations.
Except as otherwise provided, every day in which a violation of any
provision of this article exists shall constitute a separate violation.
C.
Application.
The maximum penalty stated in this section is not intended to state
an appropriate penalty for every violation. Any lesser penalty, including
a nominal penalty or no penalty at all, may be appropriate for a particular
case or violation.
