[Adopted 12-5-2002 by Ord. No. 2002-26 (Ch. 89A of the 1977
Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any manufactured or man-made walkway open to the public for
the purpose of foot traffic in the Township of White.
A.Â
The Township Committee will determine when to install new sidewalks
along existing roads on a case-by-case basis, taking into consideration
traffic density, the nature of the street or roadway involved, including
whether it is an arterial street or a dead end or cul-de-sac, pedestrian
usage, proximity of existing sidewalks on neighboring streets, topography
of the street and shoulder area, the width of the right-of-way, comments
of property owners in the area or of the public in general. The cost
of installing new sidewalks on existing roads shall be borne by the
Township.
B.Â
The Planning Board will base its decision on whether to require sidewalks in connection with any application for development before it on the same criteria and consideration set forth in Subsection A and the requirements of the "Residential Site Improvement Standards," N.J.A.C. 5:21. The cost of constructing such sidewalks shall be borne by the developer.
A.Â
All repairs to or replacement of sidewalks shall be the responsibility of the owner or owners of land abutting the sidewalk. The Township Committee shall cause written notice to be sent to each property owner prior to conveyance of responsibility from the Township to the property owner in the same manner as set forth below in Subsection G.
B.Â
It shall be the duty of the owner or owners of land abutting the
sidewalks within the Township to maintain such in reasonable repair
at the owner's cost and expense and in accordance with the standards
and specifications contained in this article. Any individual property
owner who wishes to change the material composition of the sidewalks
abutting his/her property shall do so at his/her own cost and expense,
and only upon advanced written approval from the Township.
C.Â
Permit required. No person shall construct or reconstruct any sidewalk,
or any portion thereof, without first obtaining a permit from the
Township. The Township shall issue detailed specifications for the
design and construction of the sidewalk, and the site must be inspected
by the Township prior to placement of any concrete or other walkway
surfaces.
D.Â
Report of required construction, repair, alteration, relaying or
maintenance. Notwithstanding an owner's responsibility to maintain
the sidewalks abutting the improvement, the Township Engineer may
certify to the Township Committee that a specific sidewalk is in need
of construction, repair, alteration, relaying or maintenance due to
a significant safety hazard. The Township Committee may require the
property owner to replace or repair such sidewalk at the owner's cost
and expense.
E.Â
The provisions of § 266-14A shall not limit the power of the Township Committee to determine that a street or road shall be reconstructed or improved and that the construction, replacement or repair of curbs and sidewalks abutting such street or road shall be included as part of the total improvement project. The cost of construction, replacement or repair of curbs and sidewalks, when part of a capital improvement project involving multiple properties, may be borne by the Township.
F.Â
Wherever an area exists between the sidewalk and curb or between
the sidewalk and property line, or both, the property owner shall
be responsible for the maintenance of said area and for keeping same
free of holes, weeds, rubbish and other obstructions.
G.Â
Notice to owner of required improvements.
(1)Â
The Township Committee, upon receipt of the certification set forth in Subsection D, shall determine the necessity of said improvement and, if it deems that said improvement is necessary, shall, by resolution, cause a notice in writing to be served upon said abutting owners or occupants of said lands, requiring the necessary specified work to said sidewalk to be done by said owner or occupant within a period of not less than 60 days from the date of service of such notice. The Township Committee may, at its discretion and by motion or resolution, extend the period of time permitted for the work to be done upon application by the owner, in writing, within the sixty-day notice period, either setting forth his/her need for said extension or requesting a hearing before the Township Committee and stating the basis for such request.
(2)Â
The written notice to the owner, as ordered by the Township Committee,
shall be sent by certified mail, return receipt requested, and by
regular mail, by the Municipal Clerk. Whenever any said abutting lands
are unoccupied and/or the owner cannot be found within the municipality,
the same may be mailed to his/her post office address, if the same
can be ascertained, in the same manner stated above. In the event
that such owner is a nonresident of the municipality or his/her post
office address cannot be ascertained, then the notice may be inserted
for four weeks, once each week, in the newspaper designated to publish
notices of the Township of White.
(3)Â
Proof of service. The Municipal Clerk shall be responsible for providing
proof of service of written notice to the owner, or the published
notice, to the Township Committee.
H.Â
I.Â
Standards for performing the work.
(1)Â
All sidewalks shall be laid in accordance with the plans and specifications
of White Township, on file with the Township Engineer. All improvements
herein provided for shall, as nearly as practicable, conform to the
grade and lines approved by the Township Engineer, and all work performed
shall be done in a good and workmanlike manner to the standards prescribed
herein and to the reasonable satisfaction of the Director of Public
Works or Township Engineer. A copy of the standards may be obtained
from the office of the Municipal Clerk.
(2)Â
Where the construction or repair work herein provided for is performed
by the Township, it shall be done under the supervision of the Director
of Public Works or Township Engineer, and all materials used for said
improvements where the work is done by the Township shall be inspected
and approved by such supervisors.
New sidewalks and areas of reconstruction or replacement of
existing sidewalks shall be constructed of concrete, concrete pavers,
asphalt or other construction material approved by the Township Committee.
The Township Committee shall have final approval of 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 shall do so at their own cost
and expense and only upon advanced written approval from the Township
Committee.
The width of all sidewalks in residential areas shall be four
feet, unless the Township Committee, after reviewing professional
and public input, decides that another width is appropriate. Sidewalks
in commercial areas shall extend from curb to adjoining building,
unless the Township Committee, after reviewing professional and public
input, decides that another width is appropriate.
[Amended 6-5-2003 by Ord. No. 2003-14]
The responsibility of the Township 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 sidewalks shall be responsible for the repair of or shall pay
for the repairs to any such damaged sidewalk. Any such repairs shall
be made under the direction of the Director of Public Works.
Failure to comply with any provisions of this article shall
be punishable by a fine of not more than $500, or up to 90 days' imprisonment,
or both.
