[Adopted 6-27-1972 by Ord. No. 72-9 as Ch. 19, Art. 1, of the Revised Ordinances of 1972, amended in its entirety 5-13-1997 by Ord. No. 97-8]
[1]
Editor's Note: For state statute authorizing municipalities to adopt ordinances providing for the repair of sidewalks, see N.J.S.A. 40:65-1 et seq.
Any person owning, leasing or occupying any house or other building, or vacant lot, fronting on any street in the Borough shall, at his or her charge and expense, well and sufficiently pave and maintain in good repair according to the provisions of this article, the sidewalk, including the authorized installations thereon and therein, and the curb and gutter of the street in front of such house, building or lot.[1]
[1]
Editor's Note: For authority of a municipality to adopt ordinances to provide for the construction, paving, curbing and repair of sidewalks at the cost of the municipality or at the cost of the owner or abutting property or both, see N.J.S.A. 40:65-1 et seq.
A. 
Upon failure of any owner, lessee or occupant to construct or maintain the sidewalk, curb and gutter as provided for in § 260-1, the Construction Code Official or an authorized representative shall serve, according to law, a notice upon such owner, lessee or occupant.
B. 
The notice referred to in Subsection A above shall:
(1) 
Describe the property affected and the improvement or repairs required; and
(2) 
State the intention of the Borough to cause such improvement or repairs to be made within 30 days after service of the notice in the event that such owner, lessee or occupant shall fail to make the required improvement or repairs.
If after service of any notice as provided for in § 260-2, the owner of any lands affected thereby shall neglect to make improvements directed by such notice, the Mayor and Council shall cause such improvements to be made, and the cost of the same shall be assessed against the abutting property owner as provided for by law.
No person shall construct, remove, repair, replace, reset or alter any sidewalk, curb or gutter in the Borough or cause the construction, removal, repair, replacement, resetting or altering of the sidewalk, curb, gutter of any public street in the Borough nor store thereon construction materials for the same without the written permit of the Borough Engineer or his or her authorized representative as referred to in § 260-5.
[Amended 4-14-1998 by Ord. No. 98-3]
No permit required by § 260-4 shall be issued until there has been paid to the Borough Clerk a fee and deposit in accordance with Chapter 138, Fees.
When the center line or gutter grades of any street have been previously established or approved by the Borough Engineer, the proposed improvement shall conform as nearly as practicable with the established grades. When none has been established or approved, the Borough Engineer shall establish same at the applicant's expense.
The following shall comply with the Residential Site Improvement Standards, N.J.A.C. Title 15, Chapter 21:
A. 
Construction details.
B. 
Construction of sidewalks: grade; slope; driveways.
C. 
Construction of sidewalks: unpaved portions.
The materials used in, and the work of, constructing, placing and replacing, setting and resetting, altering or repairing any sidewalk, curb or gutter of any public street in the Borough shall be under the supervision of the Borough Engineer and in accordance with the specifications as adopted by the Mayor and Council of the Borough and placed on file with the Borough Clerk.
[Amended 5-14-2002 by Ord. No. 02-07]
A. 
No person shall paint, stencil, color, mark or deface the pavement, sidewalk or curb of any public street in the Borough; provided, however, that this section shall not apply to painting under the direction of the Chief Law Enforcement Officer of the Borough in the regulation of the traffic and parking of motor vehicles.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PUBLIC UTILITY
As herein used, this term shall have the meaning set forth in N.J.S.A. 48:2-13.
UTILITY MARKOUT
Pursuant to N.J.S.A. 48:2-80, the marking, staking, locating or other identification of underground facilities performed by utility providers or their agents that may be affected by a planned excavation or demolition.
C. 
Temporary marking is customarily done in indelible paint on the ground surface above the utility to indicate its location to enable an excavator to employ prudent construction techniques to determine the precise location of the provider's underground facilities. The markout is performed within three business days after receipt of a notice of intent of any person performing excavations, exploratory borings, or subsurface probing, and demolition, in public or private properties. Public and private utility providers shall ensure that painted markouts must be removed no later than four weeks after the markouts are ordered or performed, but no less than the term of longevity required under state law. Removal of a markout shall not destroy, damage or mar the public sidewalks on which the paint exists.
No person shall cross over or upon the curb or paved sidewalk of any street in the Borough with any cart, wagon, truck, or other vehicle except at driveways, without:
A. 
Permission of the owner or occupant of the building or lot in front of which such curb or sidewalk is situated; and
B. 
Written permit obtained therefor from the Borough Clerk.
[1]
Editor's Note: For statutory provisions concerning driving over sidewalks, see N.J.S.A. 30:4-71.
No permit required by § 260-10 shall be granted until and unless there has been deposited with the Borough Clerk the sum as provided in Chapter 138, Fees. Upon expiration of the permit, the deposit shall be returned less any cost or expense to the Borough by reason of any injury or damage to the curb or sidewalk caused by the permittee.
Any person who violates any provision of this article shall, upon conviction thereof, be subject to the provisions of Chapter 226, Penalties.