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Borough of Bernardsville, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. No. 8 § 1]
It shall be the duty of the Borough Clerk to keep a record of all public streets and roads in the Borough. The record shall state whether each recorded street or road is maintained by the State, County or Borough, and if it be a Borough street or road, the width and limits thereof, and whether the grade of the same has been established by ordinance of the Borough. All streets and roads hereafter laid out or accepted by the Borough shall be duly recorded in the record of public streets.
Any sidewalk hereafter constructed in any road or street in the Borough shall be constructed, paved, and maintained and shall substantially correspond to the plans and sections showing typical conditions for streets, curbs, sidewalks, and drainage including catch basins, headwalls, etc. all as shown on drawings herewith or to be filed in the office of the Borough Engineer. Where these typical sections cannot be used because of local conditions and difficulties, the Engineer is authorized to make special drawings to meet the situation.
[Ord. No. 8 § 1]
No person shall dump or deposit or cause to be dumped or deposited on any street or park in the Borough any ashes, rubbish, garbage or offensive matter of any kind.
[1]
Editor's Note: Refer to Section 13-4, Cutting or Removal of Trees.
[Ord. No. 8 § 4]
No person, except an officer or an employee of the Borough acting within the scope of his duty, shall remove or disturb any road material on any street in the Borough belonging to the Borough, nor remove, deface or injure any road machinery, street-signs, traffic posts, lamp, or lamppost, belonging to the Borough.
[Ord. No. 8 § 5]
No person shall make a bonfire, or any fire, of leaves, paper, brush, sticks or other inflammable matter on any bituminous bound roadway, or in any paved gutter in any street in the Borough.
[Ord. No. 8 § 6; Ord. No. 110 § 1]
No person shall tear up or excavate any street or sidewalk, nor use for building or construction or other extraordinary purposes any street or sidewalk maintained by the Borough for any purpose without first obtaining a written permit from the Borough Clerk. The permit shall state the location and purpose of the excavation, and that it is granted on condition that the person to whom it is issued shall designate the Borough as its agent to fill in the excavation and restore the road surface to the condition in which it was prior to such tearing up or excavation and on further condition that such person shall undertake and agree to pay to the Borough the reasonable cost of such fill and restoration, depositing with the Borough Clerk the estimated cost as determined by the Road Supervisor prior to the issuance of the permit. In the event that such deposit shall exceed the reasonable cost of the work, the balance shall be returned to the licensee who shall agree if the reasonable cost of the work shall exceed the deposit, to pay to the Borough any excess in cost over the deposit, and whenever any permit shall issue to any person for the opening or excavation of any street, it shall be his duty to properly guard and light the same and to save harmless the Borough Council from prosecution by indictment or otherwise for negligence in connection with such excavation or the guarding thereof, and to save harmless the Borough from all liabilities or damages and costs by reason of such negligence.
[Ord. No. 8 § 7; Ord. #97-1093 § 1]
No person shall erect or maintain any awning or swinging sign projecting over any street or sidewalk in the Borough unless the lowest part of the same be at least seven feet above grade and unless it fully complies with the Borough sign ordinance and land use ordinances. Except as permitted in subsection 4-12.8 of this Code, no sign, banner or other obstruction shall be hung over or across any sidewalk or street.
[Ord. No. 8 § 8; Ord. No. 2001-1250]
The owner of any property containing a fence, hedge, wall, gate, landscaping, boulders or other obstructions which encroach upon any sidewalk, street or right-of-way and which constitute a safety hazard in the opinion of the Chief of Police or his designee shall remove the same within 30 days after written notice signed by the Chief of Police or his designee. If any owner shall fail to remove such obstruction within the time required, he shall be liable to penalties set forth in Chapter 1, Section 1-5 of this Code. In addition, such obstruction may be removed by or under the direction of the Borough Department of Public Works at the expense of the owner. The cost of such work shall be a lien upon the whole lot or premises on or in front of which such obstruction existed, and shall be certified to the Borough Tax Collector, and collected in the same manner as the taxes next to be levied thereon.
[Ord. No. 8 § 9]
No person shall coast with a sled or cart down or along the sidewalk of any street within the Borough.
[Ord. No. 8 § 10; Ord. No. 2003-1335 § 1; Ord. No. 2004-1340 § 1]
a. 
Removal Required. The owner, occupant or tenant of premises abutting or bordering on any street in the Borough shall remove all snow and ice from the abutting sidewalks of such streets, or in the event of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand, ashes, salt, sawdust or some other nonslippery or adhesive substance so as to make the same safely passable, within eight hours of daylight after the same shall fall or be formed thereon and shall continue to maintain said sidewalk in a safe and passable condition and shall continue to keep said sidewalk free of snow and ice. In addition to any other remedy provided by this section, any person who violates this section shall be subject to the penalty provided in Chapter 1, Section 1-5.
b. 
Removal by Borough. In the event snow or ice shall not be removed from sidewalks as provided in this section, the same may be removed under the direction of the Public Works Manager or the Borough Administrator. The cost of removal of any snow or ice by the Borough shall be certified to the governing body. The governing body shall examine the certificate, and if found to be correct, shall cause the cost to be charged against the real estate abutting upon the sidewalk, and the amount charged shall become a lien and a tax on the real estate and shall be added to and be part of the taxes next to be levied and assessed thereon, and enforced and collected with interest in the same manner as other taxes.
c. 
Placing of Snow or Ice on Public Rights-of-Way Prohibited. No person shall throw, place or deposit any snow or ice which has accumulated upon private property into or upon any public sidewalk, handicapped parking space, bicycle route or the paved portion of any public street in the Borough or into or upon any area within the right-of-way lines of any street.
[Ord. #8 § 11]
The owner or occupant of premises abutting upon any street in the Borough shall at all times keep the sidewalks and gutters in front of his premises open and free from all weeds, mud, dirt, gravel, sticks, loose stones, leaves, rubbish and other obstructions; shall provide open gutters across or adequate drains under his entrance walks or drives which shall at all times be kept open, clean and free from obstructions of all sorts.
[Ord. No. 343 § 1]
Any sidewalk, driveway apron or curb on any public street which is out of line or grade, damaged, deteriorated or in a state of disrepair, or otherwise in need of reconstruction or repair, shall be repaired or relaid to line or grade, or any deteriorated or damaged portion 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.
[Ord. No. 343 § 2]
Whenever the Mayor and Council determines that a sidewalk, driveway apron or curb needs reconstruction or repair, it shall cause notice, signed by the Municipal Engineer, to be served upon the owner of land abutting the sidewalk or curb, directing him to complete the work required to be done within the period of 30 days after service of said notice. The notice as provided herein shall include the following:
a. 
Specify in sufficient detail the character of the improvement, reconstruction or repair to be made;
b. 
Set forth a description of the property affected sufficiently definite to identify same;
c. 
A statement indicating to the owner that he has an opportunity to be heard before the Mayor and Council upon written application and within a period of 30 days from the service of the notice as to why the work indicated should not be completed.
The notice, service and proof of service shall be made in accordance with the requirements of N.J.S.A. 40:65-1, et seq., as amended.
[Ord. No. 343 § 3]
In the event any owner of land has failed to make any such improvement, reconstruction or repair within the period of 30 days after service of the notice, and has failed to show good and sufficient reasons why such work should not be completed, the Mayor and Council may elect to have the work done at the cost and expense of the property owner. The Municipal Engineer shall keep an accurate account of the cost and, in the event all of the cost or any part thereof is to be assessed upon the several properties fronting on the improvement, he shall assess such costs on them in proportion to the respective frontages thereon and shall file a report, under oath, with the Borough Clerk. The Mayor and Council after notice to the owner or owners of the time and place for examination of the report, shall examine the report, and if properly made, shall confirm and file it with the Tax Collector. Such assessments shall bear interest from the date set at the time of confirmation at the rate specified for delinquent real estate taxes and shall be a lien on the real estate assessed.
[Ord. No. 343 § 4]
Any assessment made as provided above may, in the discretion of the Mayor and Council, be paid in equal yearly installments, not to exceed five with legal interest thereon, reserving to the owner the right to prepay any balance with accrued interest thereon at any one time.
[Ord. No. 343 § 5]
Any and all improvements, reconstruction or repair work done pursuant to the provisions of this chapter shall be in accordance with municipal specifications and plans approved by the Municipal Engineer. All work and materials shall be subject to the inspection, supervision and approval by the Municipal Engineer and, upon completion of any such work, the Municipal Engineer shall certify to the Mayor and Council that the work has been done in accordance with the provisions of this chapter and has been satisfactorily completed.
[Ord. No. 99-1179 § 1]
When budgetary considerations permit, the Borough Council, in its sole discretion, may undertake the construction and reconstruction of those downtown sidewalks described in subsection 14-3.2 below at the cost of both the Borough and the abutting property owners pursuant to N.J.S.A. 40:65-1, et seq.
[Ord. No. 99-1179 § 1]
For purposes of this section "downtown sidewalks" shall include sidewalks in the downtown business district.
[Ord. No. 99-1179 § 1]
Nothing in this section shall require the Council to contribute to the cost of constructing or reconstructing the downtown sidewalks. The Council may require the downtown sidewalks to be constructed or reconstructed solely at the cost of the abutting property owners in accordance with Section 14-2. In exercising its discretion, the Council may take into account the municipal budget, the availability of Federal and State grants and other relevant factors.
[Ord. No. 99-1179 § 1]
The abutting property owners shall remain solely liable, at their sole cost and expense, for the repair and maintenance of the sidewalks.