[Amended 2-13-01 by Ord. No. 3-01]
The owner of any premises in the Borough of Waldwick abutting
a sidewalk or curb shall, at the owner's cost and expense, keep
and maintain such sidewalk or curb in good condition and state of
repair so as to not permit the same to become unfit or unsafe to walk
upon. In the event that such sidewalk or curb or any part thereof
becomes unsafe or unfit to walk upon, the abutting owner at his own
cost and expense, shall with reasonable diligence, reconstruct or
repair, as the facts may require, such sidewalk or curb or that part
thereof which requires reconstruction or repair.
It shall further be the responsibility of the abutting property
owner to maintain the area between the curb and sidewalk. This responsibility
extends to all grass, flowering plants, weeds, and trees. Planting
of any trees or bushes in the area between the curb and sidewalk is
prohibited.
All new sidewalks and curbs constructed by an abutting owner
shall be constructed in accordance with the line and grade established
by the Borough Engineer. All old and existing sidewalks reconstructed
or repaired by an abutting owner shall be reconstructed or repaired
in accordance with the existing line and grade in the area.
All curbs and sidewalks shall be constructed in accordance with
the following regulations:
A. Curbs shall be constructed of poured concrete or of material of equal
or greater quality. Construction shall be in accordance with the New
Jersey Department of Transportation and Standard Specifications for
Road and Bridge construction as amended.
[Amended 9-24-96 by Ord. No. 17-96]
B. Sidewalks shall be forty-eight (48) inches in width; located at least
six (6) inches away from any property line in order to accommodate
the installation of monuments; and shall be contiguous with existing
sidewalks on adjacent properties.
C. At intersections, sidewalks and curbs shall be constructed with ramps
designed to comply with the Americans with Disabilities Act.
Any existing sidewalk may be replaced in accordance with the
requirements of this Chapter. An existing sidewalk, however, may not
be permanently removed without the approval of the Planning Board
of the Borough of Waldwick. The request shall be made in writing setting
forth the reasons for removal of the sidewalk. The Planning Board
shall schedule a hearing. The applicant shall notify the owners of
the properties abutting the portion of the sidewalk that connects
to the sidewalk for which removal is requested. The notice shall be
in writing and served ten days prior to the hearing in accordance
with the Planning Board's hearing notice requirements. The Planning
Board shall review the request, giving consideration to the need for
a sidewalk to maintain and promote pedestrian safety, public welfare
and the character of the neighborhood.
[Amended 2-13-01 by Ord. No. 3-01]
The Mayor and Council, by resolution, shall establish a policy
of inspection of sidewalks to detect a need for repair. The Construction
Code Official or its designees is empowered to enforce all provisions
of this chapter. This shall include the authority to issue summonses
for violations of the provisions of this chapter. The summonses shall
be returnable in the Waldwick Municipal Court.
It is the Borough's intention to enforce this ordinance
in accordance with the following schedule. In the first year after
adoption the Borough's enforcement will concentrate on the arterial
streets named in the Borough's Master Plan, which are East Prospect
Street, State Highway 17 and all County roads. In subsequent years
the enforcement will concentrate by election district starting with
district one. Each year the next highest number district will be done
until all sidewalks in all districts comply with this ordinance. At
that time, enforcement will concentrate again with arterial streets
and cycle through the districts.
This ordinance shall take effect upon passage and publication
as required by law.