[Adopted 9-14-2004 by Ord. No. 13-04]
The following words, when used in this article,
shall have the following meanings:
In addition to its generally accepted meaning, the owner
of the real estate in front of which any sidewalk and/or curb improvement
is made or is to be made in the Borough of Oaklyn.
The Borough of Oaklyn.
The Clerk of the Borough of Oaklyn.
The duly designated or appointed engineer of the Borough
of Oaklyn or any person employed by the Borough of Oaklyn to perform
any engineering services for the Borough of Oaklyn.
The Borough Council of the Borough of Oaklyn, being the governing
body of said Borough.
The certification as a "Public Works Contractor" issued by
the State of New Jersey, Department of Community Affairs.
[Added 3-13-2007 by Ord. No. 2-07]
The Councilperson of the Borough of Oaklyn in charge of the
Department of Public Works, being the officer of said Borough in charge
of public improvements.
The person so designated by the Borough of Oaklyn in charge
of the day-to-day operations of the Department of Public Works, immediately
subordinate to the Public Works Director.
The Collector of Taxes and Assessments of the Borough of
Oaklyn.
Whenever in this article any word implying the
singular number or masculine gender is used in describing or referring
to any person, corporation, party, matter or thing, the same shall
include and apply to several persons, corporations or parties as well
as to one person, corporation or party, to females as well as males
and to several matters or things as well as one matter or thing.
All owners of real estate in the Borough of
Oaklyn lying or fronting on any part of a public thoroughfare, shall,
within 60 days after written notice given by the Superintendent of
Public Works and/or his designee of the Borough of Oaklyn, construct,
repair or reconstruct, as the case may be, sidewalks and/or curbing
and/or driveway aprons (as the notice so indicates) along the property
of the real estate owner where said construction, repair and/or reconstruction
has been deemed necessary pursuant to any inspection by the Borough
of Oaklyn.
Every sidewalk, driveway apron and/or curb in
the Borough constructed, reconstructed or repaired by an abutting
owner shall be constructed, reconstructed or repaired in a good and
workmanlike manner at the abutting owner's own costs and expense.
All new sidewalks shall be not less than four feet in width unless
otherwise permitted by the Director of Public Works or his designee.
All new sidewalks constructed by an abutting
owner shall be constructed in accordance with the line and grade established
by the Borough Engineer. All old or existing sidewalks, driveway aprons
and/or curbs reconstructed or repaired by an abutting owner shall
be constructed or repaired in accordance with the existing line and
grade unless such line or grade is changed by the Borough Engineer.
It shall be the duty of the abutting owner or contractor in all cases
to make inquiry of the Borough Engineer respecting such line and grade.
Where the fill-in is more than one foot, it shall be done in layers,
and thoroughly tamped and compacted.
[Amended 3-13-2007 by Ord. No. 2-07]
A.Â
Every sidewalk and/or curb constructed, reconstructed
or repaired by an abutting owner or contractor shall be constructed,
reconstructed and/or repaired consistent with the guidelines issued
by the New Jersey Department of Transportation, titled "Standard Specifications
for Road and Bridge Construction," current to the proposed construction,
reconstruction and/or repair, which will be supplied to an abutting
owner or contractor by the Superintendent upon the application for
the appropriate permit to the Borough Construction Code Official after
approval by the Director of Public Works or his designee.
B.Â
Every sidewalk and/or curb constructed, reconstructed
or repaired in a redevelopment zone and/or in an area where grant
monies have been received for streetscape improvement, or similar
programs, by an abutting owner or contractor shall be constructed,
reconstructed or repaired consistent with the guidelines established
by the Borough and/or issued by the entity issuing such grant, which
will be supplied to the an abutting owner or contractor by the Superintendent
upon the application for the appropriate permit to the Borough Construction
Code Official after approval by the Director of Public Works or his
designee.
Every abutting owner, at his own cost and expense,
shall at all times keep and maintain his sidewalk, driveway apron
and/or curb in good condition and state of repair and shall not permit
the sidewalk to fall into a state of disrepair or to become unsafe
or unfit to walk upon and the curb to fall into a state of disrepair
and become dangerous to pedestrians and/or motor vehicles. In the
event that any sidewalk or any part thereof becomes broken or in need
of repair and the condition thereof becomes unsafe or hazardous to
the public or unfit to walk upon or in the event that any driveway
apron and/or curb or any part thereof becomes broken or in need of
repair or the condition thereof becomes unsafe or hazardous to the
public or to motor vehicles, the abutting owner, at his own cost and
expense, shall, within 60 days, reconstruct or repair, as the case
may require, said sidewalk, driveway apron and/or curb or that part
thereof that needs reconstruction or repair. Said improvement or work
shall be done in accordance with this article.
In the event that the abutting owner fails to
reconstruct or repair his sidewalk, driveway apron and/or curb or
such part thereof that may require reconstruction or repair, as provided
in this article, the Council may cause said improvement or work to
be made under the supervision of the Public Works Director or may
award a contract therefor. The cost, whether the work be done by the
Borough or by an independent contractor, shall be assessed upon the
property of the abutting owner in accordance with the law in such
case made and provided and after due notice in accordance with the
law has been given. Prior to the Borough making such improvement or
awarding any contract therefor, notice shall be given to the abutting
owner or owners in accordance with the laws providing therefor.
[Amended 3-13-2007 by Ord. No. 2-07; 7-10-2018 by Ord. No. 14-18]
Prior to the beginning of any such work by any such licen,
a permit shall be obtained from the Director of Public Works or his
designee for each sidewalk and/or curb job intended to be done by
said licen. A permit shall be issued by the Director of Public
Works or his designee upon receipt and examination of the license
issued to the licen, approval of the work to be performed and production
of proof of general liability insurance in the amount of at least
$500,000 per occurrence relative to the work to be performed.
[Added 7-10-2018 by Ord.
No. 14-18]
The cost of said permit shall be the sum of $65 for each permit,
and said permit shall state the location of the property where the
work is to be done and the names of the owners and the contractor.
Applicant is required to use form of application and follow procedures
as determined and provided by the Department of Public Works.
[1]
Editor's Note: Former § 112-24,
Licensing of contractors; qualifications; license fee; duration, was
repealed 3-13-2007 by Ord. No. 2-07.
All work done shall be subject to inspection
and approval or disapproval by the Director of Public Works or his
designated representative.
Any person who violates any provision of this
article shall, upon conviction in the Municipal Court of the Borough
of Oaklyn, or such other court having jurisdiction, be liable to a
fine not exceeding $1,000 or imprisonment for a term not exceeding
90 days, or both. Each day that a violation occurs shall be deemed
a separate and distinct violation, subject to the penalty provisions
of this article.
