[Adopted 7-1919 by Ord. No. 75]
[Added 5-26-1992 by Ord. No. 92-8]
As used in this article, the following terms shall have the meanings indicated:
BOROUGH RIGHT-OF-WAY
All land within the Borough of Westwood designated on the Official Map of the Borough of Westwood as a public right-of-way for streets and, more particularly, being that area most commonly 50 feet in width within which public streets and sidewalks are, or are intended to be, constructed.
SIDEWALKS
A paved area between the edge of a street, road or highway and the nearest boundary of the right-of-way within which said street, road or highway is situated and used or intended to be used for pedestrian traffic.
STREETS, ROADS and HIGHWAYS
Public thoroughfares constructed within Borough rights-of-way and comprising that paved area intended for travel or parking of motor vehicles.
In all the streets, roads and highways of the Borough of Westwood, the sidewalks shall be constructed, reconstructed, paved, repaved, curbed, recurbed, improved and repaired at the cost and expense of the owner or owners of the land in front of which such improvement shall be made.
[Amended 12-23-1986 by Ord. No. 86-13]
In the making of such improvements, materials as nearly identical in quality and appearance to the adjacent sidewalk, where existing, shall be utilized. In those locations where the composition of the sidewalk is to be of concrete, the concrete shall be untinted and of the natural white or off-white shade customarily associated with portland cement, unless otherwise provided herein. At locations where the sidewalk to be repaired (i.e., 50 square feet or less of new pavement) is of a different color, and the use of white or off-white cement would result in a sidewalk of mixed colors, the property owner shall use a cement tinted to match, as nearly as possible, the shading of the adjacent tinted sidewalk. Any property owner replacing sidewalk (i.e., over 50 square feet of new pavement) and wishing to utilize a cement of a tinted shade must first obtain approval of the Mayor and Council. The Mayor and Council shall consider the physical location of the applicant's property, the color of adjacent sidewalks, the length of the section proposed to be replaced, the color of the applicant's building, the nature of the uses in the applicant's property and the adjacent property and other relevant safety and aesthetic considerations.
[Amended 1-18-2011 by Ord. No. 11-04; 2-16-2016 by Ord. No. 16-4]
All such improvements shall be made in accordance with specifications on file in the Office of the Superintendent of Public Works.
[Added 1-18-2011 by Ord. No. 11-04; amended 2-16-2016 by Ord. No. 16-4]
An application for curbs, sidewalks and concrete driveway aprons may be obtained from the Office of the Superintendent of Public Works.
[Added 9-17-2013 by Ord. No. 13-20]
A. 
No person, firm, or corporation shall construct, replace or repair a sidewalk, curb or driveway within the limits of any public street, highway, or other public property without first obtaining a permit to do the same from the Superintendent of the Department of Public Works or his or her designated representative. The entity obtaining the permit shall be deemed the "permit holder" or "permittee" for the purposes of this article.
B. 
All work performed by a permit holder within the public right-of-way shall comply with any and all requirements of the Americans with Disabilities Act, including any subsequent updates and revisions.
C. 
Such permit shall be valid for an effective period not to exceed 30 consecutive calendar days. Such effective period may be extended, if so requested by the permit holder prior to the expiration thereof, for such additional period as the Superintendent may authorize.
D. 
The fee for said permit shall be $25. For sidewalks in the public right-of-way that are adjacent to the property of a senior citizen (65 years or older), where sidewalk flag(s) are damaged or displaced due to the roots of trees planted by the Borough in the right-of-way between the curb and sidewalk, the $25 fee is waived.
[Amended 8-13-2024 by Ord. No. 24-21]
E. 
Said application shall show or include the following information:
(1) 
The name, address, telephone number, and e-mail address of the applicant (permit holder).
(2) 
The name, address and telephone number of the owner of the property in front of which or for whom the work is to be performed.
(3) 
The location of the property.
(4) 
The extent and nature of the work to be done.
(5) 
The date or dates when the work is to be done.
(6) 
A signed statement by the applicant that he agrees to perform the work for which the permit is granted strictly in accordance with the conditions of the permit and this article.
(7) 
A signed statement by the applicant that the Borough is to be saved harmless from any loss, injury or damage arising out of the granting of the permit or from any negligence or fault of said applicant, his servants or agents in connection with any of the work done under or in connection with said permit.
[Added 9-17-2013 by Ord. No. 13-20]
A. 
The permittee shall not begin or carry on any part of the work provided to be done, except in the event of an emergency, without first notifying the Superintendent not less than 24 hours in advance and obtaining his approval therefor.
B. 
No work provided to be done under said permit shall be performed on Saturdays, Sundays or holidays, except with the prior approval of the Superintendent or in the event of an emergency.
[Added 9-17-2013 by Ord. No. 13-20]
The permit must be in possession of the parties actually doing the work and must be exhibited to the Superintendent or to any authorized representative of the Borough upon request.
[Added 9-17-2013 by Ord. No. 13-20]
The Superintendent shall have the right to revoke or cancel the permit at any time should the permittee fail to comply with any of the terms, agreements, covenants and conditions thereof.
[Added 9-17-2013 by Ord. No. 13-20]
The permit shall not be assigned or transferred except upon the prior written consent of the Superintendent.
[Added 9-17-2013 by Ord. No. 13-20]
The Superintendent shall inspect all work performed by the permittee.
A. 
Tree roots. Upon removal of existing sidewalk, the permittee shall call for an inspection if tree roots are present. The DPW Superintendent shall at that time evaluate the need for any removal of roots and/or trees. At no time shall a homeowner or contractor remove any trees or roots without an inspection by the Department of Public Works. The Borough reserves the right to decide when a tree and/or root meets the criteria for removal. If the removal of a tree and/or root is required, the DPW will contact the appropriate utility agencies to request the required markouts to prevent any damage to wires and/or any buried utilities. This process may take up to three full days after calling before the markout is done and excavation can begin. The trimming of Borough trees is prohibited pursuant to § 195-134.
B. 
Frame-out of the new form by the permittee may be done after approval has been given.
C. 
The permittee must contact the DPW 48 hours in advance to schedule an inspection prior to the pouring of any concrete.
D. 
The permittee or permittee's contractor may call for an inspection. The cost for two inspections is included in the permit fee. Additional inspections required due to the permittee or contractor calling before the site is ready for inspection, or work that does not meet specification and must be redone, shall incur an additional fee of $25 per site visit.
[Added 9-17-2013 by Ord. No. 13-20]
A. 
The permittee shall clean up and remove promptly from the site of the work, upon completion thereof, all surplus excavated material and debris and shall leave the site of the work in a neat and orderly condition.
B. 
Where topsoil, seeded areas or sod is disturbed in the course of the work, the permittee shall restore such ground surface to its original condition.
[Added 9-17-2013 by Ord. No. 13-20]
The permittee, at his own expense, shall carry out the work as expeditiously as possible and in such manner as to cause the least possible inconvenience and to permit the use of the sidewalk by pedestrians and the roadway by vehicles and the flow of water along the gutters.
[Added 9-17-2013 by Ord. No. 13-20]
Pedestrian and vehicular traffic is to be adequately protected by the permittee by means of suitable protective barricades and lights around the work, and the work is to be arranged so as to cause a minimum of inconvenience and hazard to such pedestrian and vehicular traffic.
[Added 9-17-2013 by Ord. No. 13-20]
A. 
Cold weather concreting. Any time when the ambient temperatures are expected to fall below 4° C. during the placement or cure time of concrete for curbs and/or sidewalks, the permit holder shall provide measures to maintain the concrete surface temperature above 29° C.
B. 
Hot weather concreting. Any time when the ambient temperatures are expected to be above 25° C. during the placement or cure time of concrete for curbs and/or sidewalks, the permit holder shall undertake all necessary measures to cool the concrete, including but not limited to using water-reducing admixtures, cooling the aggregate, using chilled water, preventing adsorption by wetting underlying subgrade or wood forms, or any other method approved by the Superintendent.
C. 
If a permit holder is unable to maintain the requisite temperatures in accordance with hot or cold weather concreting requirements, the work shall be suspended until suitable weather conditions exists.
[Amended 12-23-1986 by Ord. No. 86-13]
A. 
The construction of all such improvements shall be under the control, supervision and inspection of the Borough Engineer or his representative.
B. 
Whenever repair or replacement of a sidewalk is to be undertaken in a nonresidential zone, the Borough Administrator shall be notified, in writing, two days in advance.
C. 
No sidewalk shall be left in the state of partial completion for more than two days, and, in all instances, it shall be the responsibility of the property owner to cause the work area to be adequately marked and roped off and a safe means of alternate travel for pedestrians to be created through the installation of barricades or other means.
Where the grade of any street, road or highway, or of a section thereof, along which any improvement herein contemplated is proposed to be made, shall have been established by law or municipal act previous to the adoption of this article or the issuance of notices hereinafter referred to, said improvement shall be made to conform as nearly as practicable to the grade so established.
In every instance where any of the improvements herein provided for are required to be performed, no work of construction shall be commenced or proceeded with until grade stakes shall have first been located by the Borough Engineer. Applications for the location of grade stakes shall be made to the Borough Clerk by or for the owner of any premises in front of which any of the improvements herein described are intended to be made.
[Added 10-21-1919 by Ord. No. 77]
All costs and expenses incident to the giving of proper grades and the setting of stakes therefor, preparatory to the making of any of the improvements contemplated by this article, shall be borne by the owner of the premises in front of which such grade shall be established and shall be a lien against said premises until paid.
None of the improvements herein contemplated shall be required to be performed except upon resolution of the Mayor and Council directing the Borough Clerk to issue notices to the owner or owners of the properties in front of which it is proposed to make a contemplated improvement. Such notice shall contain a description of the property affected, sufficiently definite in terms to identify the same, as well as a description of the improvement required to be made. Such notice shall also state that, unless such improvement shall be completed within 30 days after service thereof, it is the intention of the Mayor and Council to make such improvement or cause the same to be done, pursuant to statute.
When any of the improvements herein provided for are made by the Borough of Westwood, the cost and expense thereof, and incident thereto, shall be apportioned among the several properties improved in proportion to the frontage of their respective lands, and a true statement of such cost, under oath or affirmation, shall be forthwith filed by the Borough Engineer with the Borough Clerk. The Mayor and Council shall examine such statement and, if the same is properly made, shall confirm the same and file the same with the Collector of Taxes. Such Collector of Taxes shall forthwith record such assessments in the Borough assessment record.
Every such assessment shall bear interest and penalties from the date of confirmation by the Mayor and Council as aforesaid, shall, from the date of such confirmation, be a first and paramount lien upon the respective lands assessed, and shall be collected in the same manner as taxes for general Borough purposes.
[Added 9-17-2013 by Ord. No. 13-20]
A. 
Violations of this article shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Borough of Westwood.
B. 
This article shall be enforced by the DPW Superintendent and the Police Department.