It shall be the duty and obligation of the abutting landowner
to construct and maintain the curbs, sidewalks and drive aprons fronting
the property. All owners and persons holding real estate in the Borough
of Merchantville, lying or fronting on any part of the streets of
said borough shall, within 60 days after written notice being given
by the Clerk of said Borough of Merchantville, construct and maintain
the sidewalks, curbs and drive aprons along his or her property according
to the grade established by said borough. The Borough Engineer or
Superintendent of Public Works shall determine when the condition
of any sidewalk, curb or drive apron becomes unsafe or is in need
of repair. The notice provided for by this section shall be served
upon all owners residing in the municipality personally or by leaving
the same at their usual place of residence with a member of the family
above the age of 14 years. In the case of infants and incompetents,
such notice shall be served upon their guardian; when any real estate
is held in trust, upon the trustee; when held by joint tenants, tenants
in common or by the entirety, upon any one such tenant. If the owner
of any such real estate is a nonresident of the municipality, the
notice may be served upon him personally, or upon his agent in charge
of the property, or upon the occupant or mailed to the nonresident
owner at his last known post-office address.
All public streets within the Borough of Merchantville shall
be curbed and drive aprons constructed and maintained under the direction
and supervision of the Borough Engineer or Superintendent of Public
Works, who shall inspect and approve the work in accordance with the
following specifications:
A.
All curbing shall be concrete, six inches across the top, eight inches
across the bottom and cast in place to a depth of 18 inches using
a mix of one part cement, 1 3/4 parts sand and 3 1/2 parts
stone, which shall be poured in a monolithic mass and thoroughly rubbed
down, and a smooth, uniform surface is to be the result. Upon the
removal of forms, if there are any honeycombs or holes in the concrete
surface, the contractor shall remove the concrete from the site immediately
and shall not patch it by using any form of plaster-type material.
Expansion joints are to be of a character acceptable to the Borough
Engineer or Superintendent of Public Works and must be placed at a
maximum interval of 20 feet.
B.
When it is deemed necessary by the Borough Engineer or Superintendent
of Public Works, concrete curbs at highway intersections shall be
constructed as follows:
(1)
Eight inches across the top, 10 inches across the bottom and built
to a depth of 18 inches using the mix and method of construction above
specified. When an eight-inch curb is required at rounded intersections,
it must extend from the point of curve to the point of tangency throughout
the entire length of the curved intersection.
C.
"Drive aprons" are defined as that portion of any driveway located between the back edge of the sidewalk (far edge from the street) and the back edge of the curb. These shall be constructed from concrete only utilizing the same mix as specified for sidewalks in § 73-3A and shall be poured to a uniform depth of six inches. A full depth curb shall be built across drive openings, and no drive apron slab shall extend to the gutter line.
D.
A permit shall be obtained from the Borough Clerk of the Borough
of Merchantville for curb openings. The application for such a permit
shall be accompanied by a sketch clearly setting forth the location
and nature of any such opening and shall be accompanied by a fee of
$5.00.
All sidewalks in the Borough of Merchantville shall be constructed
under the direction and supervision of the Borough Engineer or the
Superintendent of Public Works, who shall inspect and approve the
work in accordance with the following specifications:
A.
All sidewalks, except as hereinafter provided, shall be constructed
of concrete to a width of four feet, or the prevailing width if wider,
and a depth of four inches using a mix consisting of one part cement,
two parts sand and four parts stone.
B.
Brick or stone may be used for the construction of sidewalks but,
if used, must be laid on a four-inch concrete base, and a sample of
the brick or stone to be used must be submitted to the Borough Engineer
for approval prior to use.
In the event that any sidewalk, curb or drive apron construction
or maintenance will involve the removal of any tree or part thereof,
including roots, situate between the edge of the sidewalk and the
curb, the owner shall first secure written approval for said work
from the Shade Tree Commission of the Borough of Merchantville.
In any case in which the owner or owners of the real estate affected fail to perform the maintenance or make the improvements after service of the written notice as set forth in § 73-1, the Borough Council may cause the maintenance or improvements to be made and may award a contract or contracts therefor.
Any officer of the Borough of Merchantville in charge of such
maintenance or improvements shall keep an accurate record of the entire
cost thereof, including but not limited to engineering fees, legal
fees and administrative costs, and shall assess such costs or the
proportion thereof required to be assessed under this chapter upon
such properties in proportion to their respective frontage thereon
and file a report thereof under oath with the Borough Clerk. The Borough
Council shall examine such report and, if properly made, confirm and
file it with the Tax Assessor who shall record such sidewalk assessments
in the book in which other assessments of the municipality are recorded.
Before confirming the report, the Borough Council shall give notice
to the owners or owner named therein of the time and places fixed
for examination of the report. The notice shall be served in the same
manner as required for service of notices before consideration by
the Borough Council of assessments for benefit for real estate taxes,
but failure to give any such notice shall not invalidate the proceedings.
Such sidewalk assessment shall bear interest from the time of
confirmation at the maximum rate then permissible by law and with
the same penalties for nonpayment as assessments for local improvements
in the municipality, and from confirmation thereof shall be a first
and paramount lien upon the real estate assessed to the same extent
and be collected and enforced in the same manner as assessments for
local improvements. The governing body may provide for the payment
and collection of such assessment in installments in the same manner
and at the same rate of interest as assessments for local improvements
are payable in installments in the municipality. No such assessments
shall be invalid by reason or error in the statement or omission of
the name of any owner or owners of real estate assessed, or for any
other informality, where such real estate has actually been improved.
In addition thereto, the borough may have an action to recover the
said amount against the owner of said lands in any court having competent
jurisdiction thereof; a certified copy of the aforesaid certificate
of assessment shall in such action be prima facie evidence of the
existence of a debt due from the said owner or owners to the borough.
