This chapter may be known and cited as "Chapter 221 of the Code of the Borough of Chatham," or as the "Sidewalk Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who makes the application for a sidewalk encumbrance
permit, sidewalk dining license or sidewalk permit, as applicable.
The Borough of Chatham, County of Morris, State of New Jersey.
A property where the primary use is to generate income.
The person in charge of the Department of Public Works in
the Borough or his authorized deputy or representative.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
The sidewalks adjacent to or abutting commercial properties
in the Borough of which the Borough has maintenance responsibilities
as part of streetscape improvements pursuant to Jurisdictional Agreement
No. 4476 between the Borough of Chatham and State of New Jersey dated
September 15, 2005, and as shown on the "New Jersey Department of
Transportation, Jurisdictional Limit Map, Route 124 Streetscape, From
Hillside Avenue to Elmwood Avenue, Borough of Chatham, County of Morris,
Scale: As Indicated, Revised: April 2005" attached to said Jurisdictional
Agreement.
Anybody corporate and politic created pursuant to the laws
of the State of New Jersey.
Can be composed of an authorized material to include but
not be limited to concrete, brick, stone, or pavers.
Any person who has been issued a sidewalk encumbrance permit
and has agreed to fulfill all the terms of this article.
Includes any natural person, partnership, firm, association,
utility, corporation or authority created pursuant to an act of the
New Jersey General Assembly. Whenever used in any section prescribing
and imposing a penalty, the term "person" as applied to associations,
shall mean the partners or members thereof, and as applied to a corporation,
the officers thereof.
Any company subject to the jurisdiction of and controlled
by the New Jersey Public Utility Commission.
Property on which is situated one- or two-family homes, excluding apartment dwellings. For purposes of this chapter, Article V, properties owned and used by a 501(c)(3) organization shall be treated as residential properties.
A paved walkway for pedestrian traffic, located along the
side of a public street, whether in a commercial or residential area.
A license issued by the Borough Clerk pursuant to Article II of this chapter to permit portions of the public sidewalks in front of eating establishments to be used for sidewalk dining.
A permit issued by the Borough Clerk pursuant to this chapter
to place or cause to be placed any structure, merchandise, equipment,
sign or other object projecting beyond the building line into or over
any sidewalk, public street or highway, within the limits of the Borough
of Chatham.
A permit issued by the Borough Clerk pursuant to this chapter
for the construction, repair or maintenance of a sidewalk within the
Borough.
Includes a public street, public easement, public right-of-way,
public highway, public alley, public way or public road accepted or
maintained by the Borough.
All area within the public right-of-way, including but not
limited to the paved area and the shoulder area.
The singular shall include the plural, and the masculine
shall include the feminine and the neuter.
