[Adopted 12-5-1989 as Ord. No. 1989-20]
Except as provided in § 120-18, no person shall erect any building constituting the principal structure on any lot fronting on a public street in the Borough of Stanhope without constructing in front of the property on which the building is located curbs and sidewalks as set forth herein:
A. 
Curbs shall be required for all new structures.
B. 
Sidewalks.
(1) 
Sidewalks shall be required when one or more of the following conditions exist, as determined by the Construction Official:
(a) 
One or more of the adjacent properties have sidewalks.
(b) 
The preponderance of properties in the area of the lot or lots in question have sidewalks.
(c) 
Construction of a sidewalk would mitigate an existing safety hazard or hazards.
(2) 
The Construction Official's decision may be appealed to the Administrator.
All curbs and sidewalks shall be constructed in accordance with the following regulations:
A. 
Curbs shall be constructed of Belgian block unless it is determined by the Construction Official that poured concrete is already the predominate type within the vicinity. Construction shall be in accordance with the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, as amended.
B. 
Sidewalks shall be 48 inches in width; located at least six inches away from any property line in order to accommodate the installation of monuments; and shall be contiguous with existing sidewalks on adjacent properties.
C. 
At intersections, sidewalks and curbs shall be constructed with ramps designed to comply with state standards for handicapped access.
A. 
Each applicant for a building permit shall submit therewith a site plan that indicates the location of sidewalks, when required, and curbs. The Construction Official shall not consider the cost of sidewalk or curb construction when determining the fee for any given permit.
B. 
Lines and grades provided; cost.
(1) 
Except as provided in § 120-18, each applicant governed by the provisions of this article, prior to making application for a building permit, shall obtain lines and grades from the Borough Engineer, and all sidewalks and curbs shall be constructed in conformance with such lines and grades.
(2) 
The cost of establishing the lines and grades shall be borne by the applicant who shall, upon making the request for the same, post with the Borough Clerk the sum of $300 to be held in escrow pending completion of the necessary work by the Borough Engineer. The Clerk shall, upon receipt of a bill for the lines and grades, pay the Engineer from the escrow and return any remaining funds to the applicant. The applicant shall nonetheless be responsible for any costs in excess of $300 and shall pay the same before the building permit is issued.
Except as provided in § 120-18, no certificate of occupancy for any building shall be granted unless the Construction Official has inspected the curbs and sidewalks and certified the same as complete and in conformance with all applicable standards.
A. 
The Borough Council may grant temporary waivers to persons seeking relief from the requirements of this article for a certificate of occupancy, by resolution duly adopted, under the following conditions:
(1) 
When the prevailing weather conditions are not conducive to construction; or
(2) 
When the construction of curbs or sidewalks, in the Borough Engineer's opinion, would impede or be adversely affected by an existing or imminent road or utility construction project.
B. 
Any such waiver shall not extend beyond a period of 120 days.
C. 
Each applicant granted a temporary waiver shall post a cash performance bond with the Clerk in the amount of 120% of the estimated construction costs, as determined by the Borough Engineer; and it shall be returned to the applicant upon final inspection and approval of the completed work by the enforcement agents described in § 120-17.
D. 
If upon the expiration of the waiver the work has not been completed, the borough shall complete the work and assess the cost for the same against the performance bond.
Each owner of property in the borough shall be responsible for the maintenance and/or repair of all sidewalks and curbs fronting said property.
The Construction Official and the Superintendent of Public Works are hereby designated as the enforcement agents for this article.
The requirement to construct curbs and sidewalks may be permanently waived, by resolution duly adopted by the Borough Council, for any applicant seeking such relief, upon certification by the Borough Engineer that one or more of the following conditions exist:
A. 
The construction of curbs or sidewalks would pose a serious threat to the safety of pedestrian or vehicular traffic.
B. 
The topography adjacent to the existing roadway rises or drops dramatically, requiring extraordinary construction measures to bring the proposed curb or sidewalk into proper alignment.
C. 
A property fronts on two or more streets and one or more of said streets are unimproved and are not expected to be improved or vacation of the same is anticipated by the Borough Council.
D. 
The remaining unoccupied portion of the street right-of-way is insufficiently wide to accommodate the construction of curbs or sidewalks in conformance with the requirements of this article.
E. 
The owner of property fronting a county or state highway is unable to obtain the proper permits.
F. 
The Borough Engineer determines that curb construction will not improve drainage or that it will adversely affect drainage.
[Amended 6-30-1998 by Ord. No. 1998-8]
Any person violating any provision of this article shall, upon conviction, be punishable by a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each violation of any of the provisions of this article and each day that such offense shall continue shall be deemed to be a separate and distinct offense.