[Adopted 8-20-1963 (Ch.
125, Art. IV, of the 1981 Code)]
It shall be unlawful for any person to remove or cause to be
removed, repair or cause to be repaired, or construct or cause to
be constructed, any sidewalk, driveway entrance or curb or part thereof
in the Township unless a permit therefor shall first be duly obtained
from and signed by the Township Engineer.
The application for a permit required by the preceding section
must state specifically the work intended to be performed, the place
and the date of beginning and completion. Such application must be
signed by the owner or his agent, together with the address of such
owner or agent. It must also state the name and address of the contractor
who is to do the work and the time of beginning and completion of
the same.
[Added 5-7-1964; amended 6-16-1980 by Ord. No. 14-80; 8-17-1981 by Ord. No. 6-81]
Each applicant shall pay at the time that the permit is granted the fees provided for in Chapter
A565, Fees, for the following areas:
A. Construction of new driveway aprons.
B. For construction of new curb or new sidewalk where none existed previously.
C. For major repairs to sidewalk curbing and driveway aprons.
In accordance with the notice procedure provided in this article,
any sidewalk or curb on any public street which is out of line or
grade, or broken or out of repair, or is otherwise in need of reconstruction
or repair, shall be relaid to line or grade or the broken portions
thereof shall be repaired or reconstructed by the owner of the land
in front of which any such improvement, reconstruction or repair is
to be made.
Whenever the Township Council determine that any sidewalk or curb repair work is necessary, they shall cause notice thereof, duly signed by the Township Engineer, to be served upon the abutting owner, directing such owner to do the work within 30 days after service of the notice. The notice shall specify in sufficient detail the character of the improvement, reconstruction or repair to be made, shall set forth a description of the property affected sufficiently definite to identify the same and shall otherwise comply with the requirements of Chapter
65 of Title 40 of the New Jersey Revised Statutes for such case made and provided. The notice shall give opportunity to such owner to be heard within such thirty-day period and to offer satisfactory reason why such work should not be done. Service of the notice and proof of service thereof shall be made in accordance with the requirements of Chapter
65 of Title 40 of the New Jersey Revised Statutes in such case made.
If, in the absence of any good and sufficient reason why work
provided for in this article should not be done, the abutting landowner
fails to make such improvement, reconstruction or repair within 30
days after service of the notice aforesaid, then the Township Council
may have the work done at the cost and expense of such owner. The
Township Engineer shall keep an accurate account of the cost thereof.
If such cost or any part thereof is to be assessed upon the several
properties fronting on the improvement, he shall assess such costs
on the several properties fronting on the improvement in proportion
to their respective frontages thereon and file a report thereof under
oath with the Township Clerk. The Township Council, after notice to
the owner, shall confirm such report and file it with the Tax Collector.
Sidewalk assessments shall bear interest at the rate specified
for delinquent real estate taxes from the time of confirmation and
shall be a lien on the real estate assessed. Such assessment may,
in the discretion of the Township Council, be paid in equal yearly
installments, not exceeding five, with legal interest thereon, and
at such time in each year as the Township Council shall determine,
reserving to the owner the right to prepay any balance, with accrued
interest thereon, at one time.
Specifications covering materials and workmanship for curbs,
sidewalks and driveway entrances shall be in accordance with written
specifications on file in the office of the Township Engineer and
as approved by the Township Council.
The contractor or applicant, without additional cost to the
Township, shall do all necessary grading for curbs, remove all existing
obstructions and bring subgrade to the proper grade. After grading
and shaping is done, all soft, spongy or loamy spots in same shall
be taken out and refilled at the contractor's or applicant's expense
with sand, gravel or other accepted material and shall be placed in
layers not over six inches in thickness, which shall be wetted and
tamped to secure a firm, hard subgrade, free from danger of settlement.
All curbs hereafter constructed shall be constructed of concrete
unless otherwise permitted by the Township Council of the Township.
The location of driveway entrances to properties shall be as
directed by the Township Engineer.
A. Concrete shall be thoroughly mixed either on platforms, batch mixer
or be of the ready-mixed type, all to be approved and be to the satisfaction
of the Township Engineer.
B. The sand used must be clean, sharp and dry. The cement must be an
approved branch of portland cement. Stone must be machine broken trap
rock, three-fourths-inch size, free from dust and dirt.
C. The application or spreading of dry cement on the surface to hasten
the settling of concrete is prohibited.
Trenches are to be excavated and shaped to the proper depth
and grade, as directed by the Township Engineer, and to conform with
stakes set by the Township Engineer for that purpose.
It shall be the duty of the applicant for a permit under this
article, during the period of the removal or construction of any sidewalk,
driveway entrance or curb or part thereof, to safely guard the space
of such removal or construction during the time between sunset and
sunrise with a lighted lantern securely placed at each end of the
space of operation.