[Amended 8-2-2010 by Ord. No. 27-2010; 6-21-2021 by Ord. No. 15-2021]
The owner or developer shall, at his or its
own cost and expense, lay and install a sidewalk, of concrete, in
accordance with Township standards, in the area parallel to the street
between the curbline and the side line of the street, in all streets
which are opened and improved, as follows:
A. Sidewalk
construction standards.
(1) Concrete sidewalks, constructed in accordance with standards established
by the Township Engineer, shall be required in the following locations:
(a)
On all streets listed and identified on the Concrete Sidewalk
Map on file with the Township Engineer.
(b)
On all business, commercial or nonresidential properties.
(c)
On all residential developments consisting of four or more residential
units.
(2) Asphalt sidewalks, constructed in accordance with standards established
by the Township Engineer, shall be permitted in any location for which
concrete sidewalks are not required.
B. Where a street lies in an R-2 Residence District or
in an R-3 Residence District, as such districts are delineated on
the Zoning Map mentioned in and made part of the Zoning Ordinance
of the Township, a sidewalk shall be laid and installed on only one side
of the street, unless such street:
(1) Is an arterial or collector street; or
(2) Intersects an arterial or collector street; or
(3) Is located within 500 feet of any arterial or collector
street, measured in a straight line from the nearest point in the
center line of such street to the nearest point in the side line of
any such arterial or collector street; or
(4) Is located within 500 feet of any existing school
or park property, or any future school or park site shown on the Master
Plan of the Township, or on any official map hereafter established
pursuant to N.J.S.A. 40:55D-32 et seq., measured in a straight line
from the nearest point in the center line of such street to the nearest
point in the outside line of such school or park tract; in which case
the Planning Board or the Council may require a sidewalk to be laid
and installed on both sides of such street.
C. Where a street lies in an R-4 Residence District,
or in a B-1 General Business District, or in a P-B Professional Building
District, or in an I Limited Industrial District, or in an R-L Office
Building and Research Laboratory District, as such districts are delineated
on said Zoning Map, a sidewalk shall be laid and installed on both
sides of the street, except that where such street:
(1) Is not an arterial or collector street; and
(2) Does not intersect an arterial or collector street;
and
(3) Is located more than 500 feet from any arterial or
collector street, measured as in Subsection A(3) hereof; and
(4) Is located more than 500 feet from any existing school
or park property, or any future school or park site shown on the Master
Plan of the Township, or on any official map hereafter established
pursuant to N.J.S.A. 40:55D-32 et seq., measured as in Subsection
A(4) hereof; the Planning Board, with the approval of the Council,
may authorize a sidewalk to be laid and installed on only one side
of such street.
D. Where a street lies in an R-1 Residence District,
as such districts are delineated on said Zoning Map, or wherever in
any zoning district a street shall be laid out and constructed which
shall terminate in a cul-de-sac and shall not exceed 600 feet in length,
no sidewalk shall be required to be installed on either side of any
such street, unless such street:
(1) Is an arterial or collector street; or
(2) Intersects an arterial or collector street; or
(3) Is located within 500 feet of any arterial or collector
street, measured in a straight line from the nearest point in the
center line of such street to the nearest point in the side line of
any such arterial or collector street; or
(4) Is located within 500 feet of any existing school
or park property, or any future school or park site shown on the Master
Plan of the Township or on any official map hereafter established
pursuant to N.J.S.A. 40:55D-32 et seq., measured in a straight line
from the nearest point in the center line of such street to the nearest
point in the outside line of such school or park tract; in which case
the Planning Board or the Township Council may require a sidewalk
to be laid and installed on one side of such street.
E. As used in this section, the term "arterial or collector
street" is defined as a higher-order high-traffic road and shall mean
any existing or proposed street, road or highway shown and designated
as an existing or proposed arterial street or as an existing or proposed
collector street incorporated in and made part of the 2007 Master
Plan of the Township of Livingston, in Section V, Circulation Plan
Element, adopted December 4, 2007, by the Planning Board of the Township
of Livingston and now in effect.
[Amended 6-21-2021 by Ord. No. 15-2021]
A. Every owner or occupant of property within the Township shall maintain and be responsible for the proper upkeep of that part of the street between the property line and the curb abutting his property, including corner areas adjacent to corner lots either within or without the property lines. Such upkeep shall include the proper maintenance and repair of the sidewalk in places where such sidewalk exists. Proper maintenance and repair shall be in accordance with the sidewalk construction standards established in §
274-13A.
B. In case any such owner or occupant shall suffer or
permit any such sidewalk to fall into such disrepair as to constitute
a condition which is dangerous or hazardous to the safety of the public,
the Township shall cause a written notice to be served upon such owner
or occupant, either personally or by certified mail, requiring that
the sidewalk be repaired within 30 days, or within such other reasonable
period of time depending upon the season of the year.
[Amended 8-2-2010 by Ord. No. 27-2010]
Unless another penalty is expressly provided
herein, any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $2,000
or by imprisonment for a term not exceeding 90 days, or both, or by
a period of community service not exceeding 90 days. A separate offense
shall be deemed committed on each day during or on which a violation
occurs or continues.