[Adopted 10-9-67 as Ord. No. 67-91; amended 7-7-08 by Ord. No. 08-11]
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84]
It shall be unlawful for any person to construct or remove or cause to be constructed or removed any sidewalk, driveway apron, curb or gutter or any part thereof within any public right-of-way in the Township of East Brunswick without first having obtained a permit to do so from the Manager of Engineering Services or his/her designee.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
Applications for a permit under this Article shall be made to the Township by the owner of the premises or his agent upon forms provided by the township and shall contain the following information
A. 
The name and address of the applicant.
B. 
The name and address of the person who is to perform the proposed work and the name and address of the owner of the property on which the work is to be performed, if other than the applicant.
C. 
The location, by street number or otherwise, of the premises where the work is to be done.
D. 
The estimated cost of the proposed work.
E. 
A line and grade plan showing the proposed work, including its exact location with respect to a street intersection or some other fixed and prominent object, as well as its width and relationship to the grade of the street and the adjacent property and, in the case of a driveway apron, its slope or pitch.
F. 
Any other information that the Township deems necessary in order to determine whether the work will comply with this Article.
[Amended 7-7-08 by Ord. No. 08-11]
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
A fee of twenty-five dollars ($25.) shall be charged for each permit, and in addition thereto, the applicant shall pay the cost of all tests which the Manager of Engineering Services or his/her designee deems necessary. The fee shall be paid at the time the application is filed, and the cost of all proposed tests shall be paid prior to the issuance of any permit.
[Amended 4-26-82 by Ord. No. 82-451; 7-7-08 by Ord. No. 08-11]
A. 
All materials and work shall be in accordance with the current NJDOT Specification Manual and the Township specifications on file in the Department of Planning and Engineering.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
B. 
Any sidewalk, driveway apron, curb or gutter which is removed shall be promptly replaced in accordance with township specifications.
C. 
No concrete sidewalk shall be placed or covered with blacktop.
D. 
Whenever a curb cut or driveway depression is required, the entire section or sections of curb or curb and gutter shall be removed and replaced. The breaking and recapping of curbing is specifically prohibited.
E. 
New or replacement sidewalks in all historic districts shall be constructed of brick in accordance with township specifications on file in the office of the Department of Planning and Engineering.
[Amended 4-24-89 by Ord. No. 89-12]
F. 
New or replacement curbing in all historic districts shall be constructed of Belgian block in accordance with township specifications on file in the office of the Department of Planning and Engineering.
[Amended 4-24-89 by Ord. No. 89-12]
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
The applicant shall notify the Department of Planning and Engineering at least twenty-four (24) hours prior to the time of pouring or laying any sidewalk, driveway apron, curb or gutter.
[Amended 7-7-08 by Ord. No. 08-11]
This Article shall not apply to:
A. 
The initial installation of sidewalks, driveway aprons, curbs or gutters in a major subdivision where the work is covered by performance guaranties required by the approving authority.
[Amended 7-7-08 by Ord. No. 08-11]
B. 
The repair or replacement of less than eight (8) lineal feet of an existing sidewalk.
[Added 7-22-74 by Ord. No. 74-91-B; 7-7-08 by Ord. No. 08-11]
A. 
The sidewalk and curb shall be kept in good repair by the owner or owners of the property in front of which the said sidewalk and curb are located.
B. 
In accordance with the notice procedures provided in this section, 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 construction or repair shall be re-laid to line or grade or the broken portions thereof shall be repaired or reconstructed by the owner or owners of the land in front of which any such improvement, reconstruction or repair is to be made. This section shall not apply to any sidewalk or curb during the period it is covered by a performance or maintenance bond or any sidewalk or curb which was installed incorrectly by a developer or contractor over which the township has or had control.
C. 
Whenever the Manager of Engineering Services or his/her designee determines that such sidewalk or curb work is necessary, a notice shall be served upon such owner or owners directing completion of the work within sixty (60) days after service of said notice. The notices shall specify in sufficient detail the character of the improvement, reconstruction or repair to be made. It 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.R.S. 40:65-1, etc. for such cases made and provided. The notice shall give opportunity to such owner or owners to be heard and to offer satisfactory reasons to the Manager of Engineering Services or his/her designee 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.R.S. 40:65-1, etc.
[Amended 7-7-08 by Ord. No. 08-11]
D. 
If, in the absence of any good and sufficient reason why such work should not be done, said owner fails to make such improvement, reconstruction or repair within sixty (60) days after service of the notice aforesaid, then the Manager of Engineering Services or his/her designee may have the work done at the cost and expense of said owner or owners, and an accurate account of the cost thereof shall be kept. The cost thereof shall be assessed against the owner or owners of the land in front of the improvement or repair, and a report thereof shall be filed with the Township Clerk. The governing body, after notice to the owner or owners, shall confirm said report and file it with the Tax Collector. Such sidewalk or curb assessment shall bear interest from the time of confirmation and shall be a lien on the real estate assessed and shall be collected in the same manner as taxes and other legal assessments.
[Amended 7-7-08 by Ord. No. 08-11]
E. 
Nothing contained in this ordinance shall impose an obligation upon the Township of East Brunswick, the Manager of Engineering Services or any other Township employee to survey existing sidewalks, to determine whether repairs are necessary, or to cause any sidewalk to be reconstructed or repaired.
[Added 7-13-87 by Ord. No. 87-849; 7-7-08 by Ord. No. 08-11]