Township of Florence, NJ Article III Sidewalks, Graded Areas, Gutters and Curbs in Connection With Residential Construction

[Adopted 2-18-1998 by Ord. No. 1998-3]

§ 126-13 Requirements for issuance of certain residential building permits and certificates of occupancy.

A. Gutters and curbs, where required. The Township Construction Official shall require that those who apply for and receive a building permit for a single- or two-family dwelling located on an existing public street shall install gutters and curbs in accordance with the following:

(1) Gutters and curbs shall be required wherever they are required by the locational standards contained in N.J.A.C. 5:21-4.3 entitled "Curbs or Curbs and Gutters" of the New Jersey Residential Site Improvement Standards (Statewide Standards).

(2) Gutters and curbs shall be constructed in accordance with the construction standards contained in the Statewide Standards along the entire frontage of the subject lot.

B. Sidewalks, where required. The Township Construction Official shall require that those who apply for and receive a building permit for a single- or two-family dwelling located on an existing public street shall install sidewalks and graded areas in accordance with the following:

(1) Sidewalks and graded areas shall be required wherever they are required by the locational standards contained in N.J.A.C. 5:21-4.5 entitled "Sidewalks and Graded Areas" of the Statewide Standards.

(2) Whenever the Statewide Standards would require a sidewalk on only one side of the street, the Construction Official shall determine the side on which such sidewalk shall be installed based upon the existing pattern of sidewalks in the area. Where no such pattern requires, the Construction Official shall refer the question to the Planning Board.

(3) Wherever required, sidewalks and graded areas shall be constructed, in accordance with the construction standards contained in the Statewide Standards, along the entire frontage of the subject lot.

C. Enforcement. The Township Construction Official shall have the following duties in connection with the issuance of building permits and certificates of occupancy for single-family and two-family residential dwellings:

(1) Whenever the Construction Official receives an application for a building permit for any single-family or two-family dwelling that has not been the subject of Planning Board or Zoning Board of Adjustment approval, he/she shall consult the standards contained in N.J.A.C. 5:21-4.3 and 5:21-4.5 to determine whether the subject property is located in an area where a gutter, curb, sidewalk and/or graded area would be required. Where a gutter, curb, sidewalk and/or graded area is required, the Construction Official shall not issue a building permit unless the building plans indicate that such improvement(s) shall be installed by the applicant.

(2) Whenever a gutter, curb, sidewalk and/or graded area is required by Subsection C(1) above, the Construction Official shall provide written notice that such improvement(s) shall be installed by the applicant prior to the issuance of the certificate of occupancy. The permit shall not be issued until after the applicant has acknowledged the receipt of this notice.

(3) Whenever a gutter, curb, sidewalk and/or graded area is required by Subsection C(1) above, the Construction Official shall not issue the certificate of occupancy until such improvement(s) is/are installed by the applicant and inspected by the Construction Official or a performance guaranty in an amount sufficient to cover the cost of such improvements is posted guaranteeing the construction of such improvement(s).