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.
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.
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.