[Ord. No. 10-71, § 1]
It is hereby declared, recited and stated, that it is in the
opinion of and in the best judgment of the Mayor and Borough Council,
for the best interest of the citizens and residents thereof and thereby
becomes the public policy of the Borough that sidewalks be constructed
on certain streets in the Borough and thereafter any sidewalks that
may have heretofore been constructed or may hereafter be constructed,
shall be kept, maintained and repaired by the owner or owners of the
property abutting such sidewalks.
[Ord. No. 10-71, § 2]
(a)
Whenever in the opinion of the Borough Council or, whenever the Planning
Board of the Borough, in considering new subdivisions, determines
and declares that sidewalks are necessary or desirable, or should
be installed for the benefit of the public of the Borough, the owners
or owner of the premises abutting such sidewalks or proposed sidewalks
shall construct said sidewalks in accordance with the specifications
for sidewalks which specifications are on file in the office of the
Borough Engineer and are hereby made a part hereof.
(b)
In the case of the Borough Council, such determination as to sidewalks
shall be made by resolution of the Borough Council, and in the case
of the determination by the Planning Board, the Planning Board shall
incorporate the requirement in the conditions of subdivision approval.
[Ord. No. 10-71, § 3]
Whenever it has been determined by the Mayor and Borough Council
by resolution, that certain existing sidewalks on the public streets
of the Borough are in need of repair, maintenance or replacement,
such work shall be done by the property owners abutting said sidewalks
at said property owner's sole cost and expense.
The Borough Council may require that the Borough Engineer make
inspections of existing sidewalks and make recommendations as to their
repair, maintenance or replacement and shall determine the method
and manner in which said work shall be performed.
[Ord. No. 10-71, § 4]
(a)
Upon the adoption of the resolution as set forth in Section 20-26
above, the Borough Council shall cause notice of the required improvement
to be served upon the property owner or owners in accordance with
N.J.S.A. 40:65-2 et seq. Said notice shall be accompanied by a duly
certified copy of the resolution.
(b)
Thereafter, should such property owners fail to comply with the terms
of the notice within the time prescribed by the statute, then in accordance
with N.J.S.A. 40:65-7 et seq., the Borough Council may proceed to
make the improvement and the cost of the same shall be and become
a lien upon the property so affected in accordance with said statute.
[Ord. No. 10-71, § 5]
(a)
No new sidewalk shall hereafter be constructed in the Borough unless
and until the property owner involved or his agent or employee, shall
secure a permit from the Borough clerk. The permit shall authorize
the construction of said sidewalk.
(b)
Any person required to secure such a permit, shall make application
in writing to the Borough clerk. Such application shall contain a
complete description of the proposed new improvement, giving full
information concerning the owner or owners of the premises, the persons
doing the work and the statement that the work shall comply with the
sidewalk specifications described in Section 20-26. Such application
shall also be accompanied by a sketch or survey showing all of the
pertinent information necessary to comply with the specifications
set forth herein.
[Ord. No. 10-71, § 6]
The construction of all new sidewalks and the repair, maintenance
or replacement of existing sidewalks shall be done under the supervision
of the Borough engineer and he shall report thereon to the Borough
Council.
[Ord. No. 10-71, § 7]
The provisions of Section 1-9 of these Revised Ordinances shall
be applicable to this article.
