[Amended 8-11-2015 by Ord. No. 20-15]
Sidewalks and curbs shall be constructed and maintained as defined, required and set forth in Chapter
600, Land Use, in connection with a subdivision or site plan and in accordance with heretofore established lines, grades and standards.
[Amended by Ord. No. 6-04; 8-11-2015 by Ord. No. 20-15; 11-10-2015 by Ord.
No. 25-156-13-2023 by Ord. No. 14-23]
A. In accordance with the notice procedure provided in this article,
any curb and/or sidewalk on any public street that is out of line
or grade, or broken or out of repair, or is otherwise in need of reconstruction
or repair, shall be relayed 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, except that curbs in the residential zones shall not be
the responsibility of the property owner.
B. Downtown Business District.
(1) In the Downtown Business District and along additional roadways set forth in §
500-10B(2), all sidewalks that require repair and/or replacement shall be constructed entirely of concrete paving stones laid in accordance with the specifications attached hereto as Appendix A or suitable substitute approved by the Township Engineer.
(a)
The color and patterns of the concrete paving stones shall be
configured as illustrated in Appendix B for the Downtown Business District and along additional roadways set forth in §
500-10B(2), except for Diamond Spring Road.
(b)
For Diamond Spring Road from Rockaway River Bridge to Morris
Avenue, Appendix B shall apply, and for Diamond Spring Road from Broadway
to the Rockaway River Bridge, Appendix C shall apply.
(c)
In all cases, a road opening permit must be obtained prior to
any construction/reconstruction.
(2) The sidewalk requirements of §
500-10B shall apply to the Downtown Business District and surrounding areas that are outside of the District but include the following streets or portions of streets:
(a)
Diamond Spring Road from Broadway and to Rockaway River Bridge
and from Rockaway River Bridge to Morris Avenue.
(e)
East Main Street (RT 53) from Station Road to Broadway.
(g)
Pocono Road from Rockaway River Bridge to Diamond Spring Road.
(h)
West Main Street from Broadway to Hinchman.
(3) Benches.
(a)
In the Downtown Business District and surrounding areas as set forth in §
500-10B(2), owners of the land fronting on sidewalks may install benches for general public use. The benches shall meet specific color, construction and location requirements as specified herein. A request to install benches shall be submitted to the Township Engineer for review and approval. Approval by the Township Engineer shall not constitute an easement or any other legal rights of ownership to maintain benches within the municipal right-of-way. Benches installed within the limits of the sidewalk area on private property shall be exempt from site plan approval but must be approved by the Township Engineer.
(b)
Ownership of benches shall remain with the property owner. All
benches shall be maintained by the property owners in good condition.
Benches deemed to be in poor condition or unsafe shall be removed
immediately upon request by the Township. The Township shall have
the right to remove any bench for improvements, replacement or repair
of the municipal infrastructure within the right-of-way. The Township
will not be responsible for any damage to the benches.
(c)
All such benches shall meet the following specifications in order to achieve uniformity throughout the Downtown Business District and surrounding areas as set forth in §
500-10B(2):
[1]
All benches shall be of a green color which is as close as possible
to the color of the downtown clock tower. The configuration and construction
shall also be consistent with municipal benches installed at the clock
tower. Acceptable manufacturers/model numbers shall be Wabash Valley
Heritage Series Style No. SPHR305 or approved equal.
[2]
Benches shall be commercial grade and for public use. Benches
shall be installed in accordance with the manufacturer's recommendations
and guidelines. Benches shall be firmly secured to the sidewalk to
prevent movement during normal use. All benches shall be approximately
six feet wide.
[3]
The location of benches shall not obstruct pedestrian movement or be inconsistent with the basic development plan for the Downtown Business District and surrounding areas as set forth in §
500-10B(2). Installation of benches shall be limited to the right-of-way fronting the subject property unless otherwise approved by the Township Engineer.
[4]
All other benches/outdoor seating shall be prohibited except as permitted pursuant to Chapter
455, Sidewalk Cafes.
Whenever the Township Council determines that such sidewalk
work is necessary, it shall cause notice thereof, duly signed by the
Township Engineer, to be served upon such owner, directing him to
do the work within 30 days after service of 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 N.J.S.A. 40:65 for such case made
and provided. The notice shall give opportunity to such owner to be
heard 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 N.J.S.A. 40:65 in such
case made.
If, in the absence of any good and sufficient reason why such
work should not be done, the owner fails to make such improvements,
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 the 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 cost on the several properties fronting on the
improvement in proportion to their respective frontage thereon, and
file a report thereof under oath with the Township Clerk. The Township
Council, after notice to the owner or owners, shall confirm the report
and file it with the Tax Collector. The sidewalk assessments shall
bear interest from the time of confirmation and shall be a lien on
the real estate assessed.