[Adopted by Ord. No. 23/61; amended in its entirety by Ord. No. 7-84 (Ch. 14, Sec. 14-3, of the 1978 Revised General Ordinances)]
[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]
A. 
In accordance with the notice procedure provided in this article, any curb and/or sidewalk 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 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, all sidewalks which require repair and/or replacement shall be constructed entirely of concrete paving stones laid in accordance with the specifications attached hereto as Appendix A[1] or suitable substitute approved by the Township Engineer. The color and patterns of the concrete paving stones shall be configured as illustrated in Appendix B[2] for the Downtown Business District, except Diamond Spring Road, and Appendix C[3] for Diamond Spring Road only. In all cases, a road opening permit must be obtained prior to any construction/reconstruction.
[Amended 8-11-2015 by Ord. No. 20-15; 11-10-2015 by Ord. No. 25-15]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
[3]
Editor's Note: Appendix C is included as an attachment to this chapter.
(2) 
For purposes of this article only, the Downtown Business District shall include all of the properties located on the following streets or portions of streets:
(a) 
Diamond Spring Road between Broadway and the Rockaway River.
(b) 
Broadway.
(c) 
Bloomfield Avenue.
(d) 
Center Street.
(e) 
West Main Street between the Route 46 overpass at Bloomfield Avenue and Hinchman Road.
(f) 
First Avenue.
(3) 
Benches.
[Added 8-11-2015 by Ord. No. 20-15]
(a) 
In the Downtown Business District 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:
[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. 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.