[Amended 4-9-2019 by Ord.
No. 19-02]
A. The members of the Road Committee of the Town Council, with the advice and assistance of the Town Engineer, shall review annually the existing sidewalks in the Town and draft a priority list for the replacement of sidewalks. The priority list shall be prepared each year in sufficient time to allow the Mayor and Council to consider the recommendations of the Road Committee and to allocate in the budget such funds as are deemed appropriate for replacement of sidewalks. Nothing herein shall eliminate a property owner's responsibility to maintain and repair sidewalks in accordance with §
122-37 herein and maintain trees in the public right-of-way or near a roadway in accordance with §
130-7 herein.
B. The Road Committee shall prioritize the sidewalks based on the general
condition of all sidewalks throughout the Town, the degree of danger
that the condition of particular sidewalks or particular areas of
sidewalk pose to the public, the amount of pedestrian use of particular
sidewalks, whether a particular sidewalk is part of a generally recognized
walking route, whether the sidewalks have curb cuts for wheelchair
access, whether the adjoining roadway is also being repaired or resurfaced
and any other unique factors which would militate in favor of replacing
or repairing a particular section of sidewalk. The Road Committee
may recommend that only a portion of a particular sidewalk be constructed
or replaced.
[Amended 12-12-1995 by Ord. No. 95-16]
New sidewalks and areas of reconstruction or
replacement of existing sidewalks shall be constructed of concrete,
slate, bluestone, concrete pavers or other construction material approved
by the Mayor and Council. No asphalt shall be allowed. Construction
material for replacement or repair of existing sidewalks shall, insofar
as is practicable, match other existing sidewalks in the neighborhood
and be consistent with the historical nature of the Town. The Road
Committee shall give final approval to the construction materials
called for in the bid specifications of any sidewalk project. Individual
property owners who wish to change the material composition of sidewalks
abutting their property, at their own cost and expense, must secure
permission, in writing, from the Public Works/Business Administrator.
The width of all sidewalks in residential areas
shall be four feet, unless the Mayor and Council, after reviewing
written recommendations from the Town Engineer, decide that another
width is appropriate. Sidewalks in commercial areas shall extend from
curb to adjoining building, unless the Mayor and Council, after reviewing
written recommendations from the Town Engineer, decide that another
width is appropriate.
[Amended 2-23-1993 by Ord. No. 93-2; 4-9-2019 by Ord. No.
19-02]
A. It shall be the duty of any owner and occupant of lands within the Town to keep the sidewalk and curbing abutting such lands maintained and properly repaired so as to minimize any endangerment to the public health, safety and welfare of any individual using the sidewalks. Except where the Town elects to install new sidewalks in accordance with §
122-33 or replace existing sidewalks in accordance with §
122-34, the owner or occupant of the property in front of which a sidewalk passes shall be responsible for all repair, maintenance and replacement of the sidewalk in front of the property. Additionally, such owners and occupants shall be responsible for the maintenance of trees and shrubs located adjacent to sidewalks in accordance with §
130-7 herein.
B. Maintenance shall include, but not be limited to, keeping the sidewalks
free of grass, weeds, snow, ice, rubbish, obstructions, defects and
nuisances.
C. For purposes of this section, the standard for repair and replacement
of defective sidewalks is as set forth in the most recent edition
of the International Property Maintenance Code and shall specifically
include the standards set forth below. The repair and replacement
of defective sidewalks shall also be in accordance with the 2010 ADA
Standards for Accessible Design as amended by the Department of Justice.
(1) Sidewalks shall be stable, planar; flush and even to the maximum
extent feasible.
(2) Walkway surfaces for pedestrians shall be capable of safely sustaining
intended loads.
(3) Walkway surfaces shall be slip-resistant under expected environmental
conditions and use. Painted walkways shall contain an abrasive adhesive,
cross-cut grooving, texturing or other appropriate means to render
the surface slip-resistant where wet conditions may be reasonably
foreseeable.
(4) Interior walkways that are not slip-resistant when wet shall be maintained
dry during periods of pedestrian use.
(5) Walkway surfaces shall have a cross slope that shall not exceed 1:50
and shall transition to meet adjoining walkway surfaces at the existing
cross slops. The adjoining walkway surfaces shall be made flush and
fair, whenever possible.
(6) Changes in level of 1/4 inch (6.4 mm) high maximum shall be permitted
to be vertical.
(7) Changes in levels between 1/4 inch (6.4 mm) high minimum and 1/2
inch (13 mm) high maximum is permitted to be 1/4 inch (6.4 mm) beveled
with a slope not greater than 1:2 (rise:run) plus 1/4 inch (6.4 mm)
vertical. However, in no case may the combined change in level exceed
1/2 inch (13 mm).
(8) Changes in level exceeding 1/2 inch (13 mm) must comply with Section
405 (Ramps) or Section 406 (Curb Ramps) of the 2010 ADA Standards
for Accessible Design as amended by the Department of Justice. For
the purposes of this section, all ramps or stairways must be a minimum
of four inches thick of continuous pour.
(9) All reconstruction, repair or replacement of sidewalks shall be done
in a manner requiring the installation of a like-kind sidewalk to
that being repaired or replaced. This section shall not apply to any
sidewalk or curb during the period it is covered by a performance
or maintenance bond or any curb or sidewalk which was installed incorrectly
by a developer or a contractor over which the Town has or had control.
(10)
The Town recognizes that various environmental conditions, such
as humidity and temperature, can affect the difference in height of
adjacent slabs of concrete. Accordingly, for purposes of enforcement
only, the Town shall use 3/4 inch as the measurement that shall determine
noncompliance with respect to the height of a lip with regard to a
sidewalk concrete slab.
D. Property owners making repairs, whether doing so on their own or
as required by the Town, shall conform to all aspects of this section
of the Code and the referenced regulations.
[Amended 12-12-1995 by Ord. No. 95-16]
The responsibility of the Town to reconstruct,
replace and repair sidewalks shall not extend to sidewalks damaged
by any person, firm or corporation. The person, firm or corporation
damaging any sidewalk shall be responsible to repair or pay for the
repairs to any such damaged sidewalk. Any such repairs shall be made
under the direction of the Public Works/Business Administrator.
Before the Town embarks on any sidewalk reconstruction
or repair or replacement project, the cost of which will exceed $5,000
or which will substantially alter the character and composition of
the sidewalk, including, by way of example, replacing slate with concrete,
the Mayor and Council shall hold a public hearing so that input from
the public and adjoining property owners may be considered.
[Added 4-9-2019 by Ord.
No. 19-02]
A. Notice. Whenever an owner or occupant of such lands fails to maintain
and repair the sidewalk and curb abutting said owner's or occupant's
lands, or permits them to deteriorate into such condition that the
safety of the public is impaired, written notice shall be given to
the owner or occupant directing said owner or occupant to perform
maintenance or repairs within 30 days from the date of service of
the notice, with reasonable extensions to be granted upon request
in writing to the Town Administrator due to weather-related circumstances.
Whenever any lands are unoccupied and the owner cannot be found within
the Town, or in case such owner is a nonresident of the Town or his
or her post office address cannot be ascertained, then notice shall
be given as specified in N.J.S.A. 40:65-14.
B. Procedure when owner fails to act. If the owner or occupant does not comply with the requirements of the notice described in §
122-40A, the Public Works Department of the Town may, upon filing due proof of service of publication of the aforesaid notice with the appropriate department of the Town, cause the required work to be done, and paid for out of the Town funds available for that purpose.
(1) The cost of such work shall be certified by the Public Works Department
to the Tax Collector of the Town.
(2) Upon filing of the certificate, the amount of the cost of such work
shall be and become a lien upon the abutting lands in front of which
such work was done to the same extent that assessments for local improvements
are liens in the Town, and shall be collected in the manner provided
by law for the collection of such other assessments, and shall bear
interest at the same rate.
(3) In addition thereto, the Town may have an action to recover the same
amount against the owner of the lands, in any court having competent
jurisdiction thereof.