[HISTORY: Adopted by the Mayor and Council of the Borough of Waldwick 3-6-36 as Ord. No. 1-36. Amended 9-14-93 by Ord. No. 18-93; 9-24-96 by Ord. 17-96; 2-22-00 by Ord. No. 2-00; 2-13-01 by Ord. No. 3-01]
[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.