Borough of Rutherford, NJ Article II Use of Streets

[Adopted 11-19-1946 by Ord. No. 1484, effective 11-19-1946]

§ 109-9 Maintenance required. [1]

[Amended 8-9-2021 by Ord. No. 3572-21]

Every owner, occupant or person having charge and control of property in the Borough of Rutherford on any street that is opened shall maintain and be responsible for the proper upkeep of that part of the street between the property line and the curb which abuts the property, including corner areas adjacent to corner lots, whether within or without the property line, and such upkeep shall include the proper maintenance and repair of the sidewalk.

A. Exception. If a municipally owned street tree is determined to be a contributing factor to a lifted or heaved sidewalk, prior to conducting the repair, the abutting property owner may submit a request to the Borough for contribution to the cost of repair of those sidewalk panels impacted. By separate resolution, the Borough will establish a per-panel contribution reimbursement intended to represent 50% of the cost of replacing a sidewalk panel, which resolution may be amended from time to time to reflect changes in costs. For purposes of this section, a panel shall be a four-linear-foot section of sidewalk. Requests for reimbursement shall identify the physical location of the tree and the affected sidewalk, the name and contact information for the owner of the abutting property who is responsible for the affected sidewalk, and repair cost estimates. Requests for reimbursement shall be administered on a first-come-first-served basis, subject to funding being available.

B. Determination. Upon proper notice given by an abutting property owner, the Borough's designated enforcement officer shall decide as to whether the shade tree is a contributing factor and, if so, the number of sidewalk panels impacted. The Borough's designated enforcement officer may consult with the Borough Engineer in making this determination.

C. In no event shall the Borough be obligated to make any contribution if the Borough does not have funds that have been set aside for this purpose.

[1] Editor's Note: Former § 109-9, Violations and penalties, was repealed 10-31-1995 by Ord. No. 2744-95. This ordinance also provided for the renumbering of former §§ 109-10 through 109-15 as §§ 109-9 through 109-14, respectively.

§ 109-10 Sewer connections required. [1]

Every owner, occupant or person having charge and control of property in the Borough of Rutherford shall be responsible for the proper installation, repair and upkeep of all connections between their property and the main sanitary sewer line, the main storm drain line or the gutter into which said connections discharge.

[1] Editor's Note: See also Ch. 91, Sanitary Sewers.

§ 109-11 Litter prohibited; advertising restricted. [1]

No person, firm, partnership, association or corporation shall throw, put, place or cause to be thrown, put or placed into, upon or within any street, road, avenue or public place within the Borough of Rutherford any article or material whatsoever whereby the safe, free and unobstructed use of the same by the public may be anywise impeded or interfered with, or shall put, deposit or leave any paper, advertising matter, circulars, rubbish, refuse or other material in or upon any of the streets, roads, avenues or public places within the Borough of Rutherford.

[1] Editor's Note: See also Ch. 21, Clean Environment, and Ch. 53, Littering.

§ 109-12 Obstruction prohibited; exception.

No person, firm, partnership, association or corporation, in the performance of his or its customary work, shall encumber or obstruct any street, road, avenue or public place within the Borough of Rutherford with any article or material whatsoever, unless such encumbrance or obstruction is authorized by a written permit issued by the Borough Clerk, as hereinafter provided.[1]

[1] Editor's Note: See also Ch. 56, Materials, Deposit and Removal of; Ch. 62, Newspaper Vending Machines; and Ch. 114, Telephone Booths.

§ 109-13 Street opening prohibited; exception. [1]

[Amended 10-31-1995 by Ord. No. 2744-95]

No person, firm, partnership, association or corporation shall remove, excavate, dig up or in any way disturb the surface of any street, road, avenue or public place within the Borough of Rutherford or any sidewalk, gutter or pavement or pavement thereon, for any purpose whatsoever, unless such work is authorized by a written permit issued pursuant to the provisions of § 109-20 of this chapter.

[1] Editor's Note: For additional restrictions, see Ch. 91, Sanitary Sewers, § 91-6.

§ 109-14 Regulations governing vehicles and sidewalks.

No person, firm, partnership, association or corporation shall drive, or cause to be driven, any vehicle over or upon the sidewalk of any street, road, avenue or public place within the Borough of Rutherford, except over an established driveway, without permission for this purpose first having been obtained, in writing, from the Borough Clerk, as hereinafter provided.

§ 109-15 (Reserved) [1]

[1] Editor's Note: Former § 109-15, Applications referred to Superintendent of Public Works, as amended, was repealed 6-24-2008 by Ord. No. 3158-08.

§ 109-16 Permits issued by Clerk.

[Amended 12-1-1998 by Ord. No. 2877-98; 3-27-2007 by Ord. No. 3130-07[1]]

The Borough Clerk is authorized to issue permits for the following types of work:

A. Road openings.

B. Right-of-way excavations.

[1] Editor's Note: This ordinance also repealed former § 109-16, Applications referred to Mayor and Council, as amended, and provided for the renumbering of former §§ 109-17 and 109-17.1 as §§ 109-16 and 109-17, respectively.

§ 109-17 Permits issued by Building Department.

[Added 12-1-1998 by Ord. No. 2877-98; amended 3-27-2007 by Ord. No. 3130-07]

The Borough of Rutherford Building Department is authorized to issue permits for the following types of work:

A. Construction of driveways.

B. Resurfacing of existing driveways.

C. Sidewalk replacement.

§ 109-18 Permit fees.

[Amended 2-19-1952 by Ord. No. 1599; 12-2-1958 by Ord. No. 1760; 12-18-1962 by Ord. No. 1874; 1-21-1964 by Ord. No. 1910; 10-31-1995 by Ord. No. 2744-95; 3-27-2007 by Ord. No. 3130-07]

The following permit fees shall be paid to the Borough of Rutherford before the permits are issued:

A. Sidewalk repairs:

(1) Twenty-five percent or less of existing: $25.

(2) New or greater than 25% of existing: $50.

B. Construction of driveways:

(1) New driveway: $50.

(2) Resurfacing existing driveway: $25.

C. Road openings:

(1) Repair: $45.

(2) New installation: $100.

D. For digging between curb and property line if a street opening permit is not needed: $30.