Borough of Allentown, NJ
Monmouth County
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Table of Contents
Table of Contents
[1975 Code § 98-1; New]
As used in this section:
ENGINEER
Shall mean the Borough Engineer of the Borough of Allentown.
HIGHWAY
Shall mean an improved right-of-way over which there is a public right of passage and which traverses this Borough from one side to another, including any portion of streets, roads or highways composing it, and also including the term "through street."
OWNER
Shall mean any person, firm, association or corporation having an interest in the subject matter of this section, and includes, for the purposes of this section, the developer, applicant, agent, attorney, engineer or other person representing such "owner" as herein defined.
ROAD
Shall mean a general term that describes a right-of-way over which there is a public right of passage, whether improved or unimproved.
STREET
Shall mean a right-of-way over which there is a public right of passage and which serves only a limited portion of this Borough.
UNIMPROVED ROADS
Shall mean any road or street not meeting the requirements of this section and not having curbs and sidewalks and adequate drainage facilities.
[1975 Code § 98-2; New]
After this section becomes effective, no street, road, highway, sidewalk or curb shall be accepted by the Borough Council and taken over as a municipal road and maintained as such unless it complies with the following specifications and requirements, and no map submitted to the Borough Council for approval showing a street, road or highway will be approved nor the streets, roads or highways shown thereon accepted as municipal roads and maintained as such unless the following specifications and requirements are complied with as far as possible on such map. The map shall be accompanied with a proper guaranty by the applicant, which guaranty shall be approved by the Borough Attorney to meet these specifications and requirements. All new streets and roads in the Borough shall be constructed with a right-of-way having a minimum width of 50 feet measured from lot line to lot line and shall not be less than the following:
a. 
Collector streets having a minimum right-of-way width of 50 feet shall be graded and paved to a minimum width of 36 feet between curbs.
b. 
Minor streets having a minimum right-of-way width of 50 feet shall be graded and paved to a minimum width of 30 feet between curbs.
c. 
Marginal access streets having a minimum right-of-way width of 50 feet shall be graded and paved to a minimum width of 30 feet between curbs.
d. 
The right-of-way width for internal roads and alleys in multifamily, commercial and industrial developments shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for the fire fighting equipment.
e. 
Where the right-of-way width is 50 feet, the street shall be paved with a seven and one-half (7 1/2) inch-thick bituminous concrete pavement, which pavement shall consist of a four inch N.J.D.O.T. Type I-5 soil aggregate course on a firm, compacted, unyielding subgrade, a two inch bituminous concrete stabilized base course (N.J.D.O.T. Mix I-2), and a one and one-half (1 1/2) inch bituminous concrete surface course (N.J.D.O.T. Mix I-5).
f. 
An adequate drainage system sufficient to handle all drainage at all times and to prevent the collection of water in puddles on the right-of-way must be provided, and the location of catch basins, drains, outlets and other parts of this drainage system must be accurately and distinctly shown on the surveys or maps filed with the Borough and approved before acceptance of such road and map. The construction of such system must be in accordance with the New Jersey Department of Transportation "Standard Specifications for Road and Bridge Construction," latest revision. (N.J.D.O.T. 55.)
g. 
All outlets and structures used in the right-of-way must be accurately and clearly designated on the map or survey. An easement must be provided for all outlets from the road right-of-way to places of disposal.
h. 
If any natural watercourse or stream crosses the right-of-way, proper provision for carrying it must be made and shown on the map or survey. If the stream is such as to come under the jurisdiction of the Board of Chosen Freeholders of the County of Monmouth, written consent to the location of the road, street or highway must be provided, and the map or survey must show what type of structure, culvert or bridge will be provided for the watercourse or stream.
i. 
The survey or map showing the location and setting of monuments, grading and contours must have the approval of the Borough Engineer and the Borough Council as well as the Monmouth County Planning Board, where applicable.
j. 
The location and terminus of the right-of-way must be such as to conform to and not interfere with other roads, streets or highways of the Borough and shall be so constructed as not to constitute a traffic hazard or to seriously interfere with the access of any abutting property owner to a through street or highway.
k. 
The title to the right-of-way must be approved by the Borough Attorney, and any deeds of dedication, releases of mortgages or other liens must be provided whenever required by the Attorney, at the cost and expense of the owner.
[1975 Code § 98-3; New]
a. 
Foundation Course.
1. 
Description. The foundation course shall consist of the construction of a pavement base course of dense graded soil aggregate and the preparation of the subgrade to provide a firm, unyielding foundation.
2. 
Materials.
(a) 
Soil aggregates shall be natural or prepared mixtures consisting predominantly of hard durable particles or fragments of stone, sand and stone dust for stone mix, of hard durable particles or fragments of gravel and sand containing some silt clay or stone dust for gravel mix, meeting the requirements as specified under Section 301 of the N.J.D.O.T. 55, and so combined that they will produce mixtures conforming to the gradation requirements hereinafter specified. The soil aggregates shall be free from vegetable matter, lumps or balls of clay, adherent films of clay or other foreign matter.
3. 
Methods of Construction.
(a) 
No soil aggregate shall be laid on the subgrade until the subgrade has been thoroughly inspected and approved by the Borough Engineer or his duly authorized representative.
(b) 
The foundation course shall be constructed of N.J.D.O.T. Type I-5 soil aggregate rolled to a minimum thickness of four inches as specified, with a three-wheeled power roller weighing not less than 10 tons and having a weight on the rear rolls of not less than 330 pounds per inch of width of roll. The rolling shall begin at the sides and progress to the center, parallel to the center line of the road. After the stone has been properly rolled, stone dust shall be spread over its surface and worked into the voids. This dust shall be applied in thin layers with intermittent rolling between each application. After completion of the rolling, the entire base surface shall be broomed and swept so no surplus stone dust remains on the surface. The faces of the two and one-half (2 1/2) inch stones shall show clean and clear. Areas that have become loose, raveled or rutted shall be repaired and rerolled to the satisfaction of the Engineer or his duly authorized representative.
(c) 
The foundation shall not be constructed more than two weeks prior to the time that the bituminous surface is to be applied. The contractor or developer shall repair any foundation defects to the satisfaction of the Engineer or his duly authorized representative if construction procedure is otherwise.
b. 
Bituminous Concrete Course, N.J.D.O.T. Mix I-2.
1. 
Description. The bituminous concrete for N.J.D.O.T. Mix I-2 shall be composed of coarse aggregate, fine aggregate, mineral filler and bituminous material.
2. 
Materials.
(a) 
Bituminous Concrete. Stabilized base course, N.J.D.O.T. Mix I-2, shall comply with N.J.D.O.T. 55 Section 903.
3. 
Methods of Construction.
(a) 
Bituminous concrete stabilized base course, N.J.D.O.T. Mix I-2, shall be prepared, delivered, installed, compacted and finished in accordance with N.J.D.O.T. 55 Section 404.
(b) 
The mixture shall be laid only upon a base which is dry and when the weather conditions are suitable in the opinion of the Engineer or his duly authorized representative. No bituminous concrete material shall be placed when the atmospheric temperature is below forty-five (45° F) degrees Fahrenheit, except when approved by the Engineer or his duly authorized representative, nor when the weather is foggy, rainy or otherwise unfavorable in the opinion of the Borough Engineer or his duly authorized representative. The mixture shall be spread and struck off so as to obtain, after compaction, the grade and crown shown on the plans or adjustments thereof made or ordered by the Engineer or his duly authorized representative.
(c) 
On areas where irregularities or unavoidable obstacles make the use of self-powered spreading and finishing equipment impracticable in the judgment of the Engineer or his duly authorized representative, the mixture may be spread and raked by hand. On such areas the mixture shall be dumped on steel dump boards and spread and raked to give the thickness of material required.
(d) 
Any pavement that becomes loose and broken or mixed with dirt or is in any way defective shall be removed and replaced with a fresh hot mixture, which shall be immediately compacted to conform to the surrounding area. Any area showing an excess of bituminous material shall be removed and replaced.
(e) 
The final compacted thickness shall not be less than two inches.
(f) 
Then, and as directed by the Engineer or his duly authorized representative, the contractor or developer shall cut samples from the completed pavement and forward same to the Engineer. The areas of pavement so removed shall be replaced with new mixtures and refinished.
(g) 
No dwellings shall be occupied within major subdivisions during the period between November 15 and March 15 unless the bituminous concrete stabilized base course, N.J.D.O.T. Mix I-2 has been installed, or unless otherwise consented to by the Mayor and Council.
c. 
Bituminous Concrete Surface Course, Type FABC-1 N.J.D.O.T. Mix I-5.
1. 
Description. The bituminous concrete for Type FABC-1, N.J.D.O.T. Mix I-5 shall be composed of coarse aggregate, fine aggregate, mineral filler and bituminous material.
2. 
Materials.
(a) 
Bituminous concrete Type FABC-1, N.J.D.O.T. Mix I-5 shall comply with N.J.D.O.T. 55 Section 903.
3. 
Methods of construction.
(a) 
Bituminous concrete type FABC-1, N.J.D.O.T. Mix I-5 shall be prepared, delivered, installed, compacted, and finished in accordance with N.J.D.O.T. 55 Section 404.
(b) 
The mixture shall be laid only upon a base which is dry and when the weather conditions are suitable in the opinion of the Engineer or his duly authorized representative. No bituminous concrete material shall be placed when the atmospheric temperature is below forty-five degrees (45° F) Fahrenheit, except when approved by the Engineer or his duly authorized representative, nor when weather is foggy, rainy or otherwise unfavorable in the opinion of the Engineer or his duly authorized representative. The mixture shall be spread and struck off so as to obtain, after compaction, the grade and crown shown on the plans or adjustments thereof made or ordered by the Engineer or his duly authorized representative.
(c) 
On areas when irregularities or unavoidable obstacles make the use of self-powered spreading and finishing equipment impracticable in the judgment of the Engineer or his duly authorized representative, the mixture shall be spread and raked by hand. On such areas the mixture shall be dumped on steel dump boards and spread and raked to give the thickness of material required.
(d) 
Along curbs and at other places not accessible to the roller, the mixture shall be thoroughly compacted with hot hand or mechanical tampers and smoothing irons which shall be suitable to the Engineer or his duly authorized representative.
(e) 
Any pavement that becomes loose or broken or mixed with dirt or is in any way defective shall be removed and replaced with a fresh hot mixture, which shall be immediately compacted to conform to the surrounding area. Any area showing an excess of bituminous material shall be removed and replaced.
(f) 
The final compacted thickness shall not be less than one and one-half (1 1/2) inches.
(g) 
Then, and as directed by the Engineer or his duly authorized representative, the contractor or developer shall cut samples from the completed pavement and forward the same to the Engineer. The areas of pavement so removed shall be replaced with new mixtures and refinished.
[1975 Code § 98-4; New]
All new streets, if not completed in accordance with the specifications of this section, shall be maintained by the developer until completion and acceptance by the Borough Council, including but not limited to all snow removal required.
[1]
Editor's Note: Former subsection 14-1.5, Stormwater Drainage Design Standards, previously codified herein and containing portions of 1975 Code § 98-5, was repealed in its entirety by Ordinance No. 2006-08 and 08-2007. See Section 30-13 for stormwater regulations.
[1]
Editor's Note: See Municipal Land Use Law language and requirements for guarantee of subdivision public improvements including roads, N.J.A.C. 55D-53 et seq.
[1975 Code § 98-7; New]
Curbs shall be of 4000 PSI air-entrained concrete. It shall be in accordance with Class C concrete. The dimensions of curbs shall be 18 inches in depth, six inches on top and eight inches at bottom. Concrete curb shall be installed on a firm, unyielding subgrade. Where directed by the Borough Engineer, N.J.D.O.T. Type I-5 soil aggregate foundation shall be provided. Concrete curb shall be installed in accordance with N.J.D.O.T. 55 Section 605.
[1975 Code § 98-8; Ord. No. 017-90; Ord. No. 97-3 § 1]
a. 
Duties of Owners. The owners of real estate bordering upon any public street shall reconstruct, maintain and repair the sidewalks, curbs and gutters abutting their property.
b. 
Materials and Methods of Construction; Sidewalks.
1. 
Concrete used in the construction of sidewalks shall be in accordance with current N.J.D.O.T. 55 for Class C air-entrained concrete. Preformed bituminous-type joint filler shall be 1/2 inch thick.
2. 
All sidewalks shall be laid in conformity to the grade of the street established by the Borough or the County.
3. 
In all streets, where the width of the sidewalk is not fixed by ordinance, the width shall be one-fifth (1/5) part of the total width of the road right-of-way from the property line to the outside of the curbs on each side. The sidewalk shall be built in accordance with the specifications supplied on the application required by the Construction Official.
4. 
The minimum width of the paved portion of any sidewalk shall not be less than four feet on any street.
5. 
In general, the pavement must be so constructed that the middle line of the paved portion of all sidewalks shall coincide with an imaginary line drawn parallel with the outside line of the curb at a distance equal to 1/2 of the total width of the sidewalk. No sidewalk shall be laid otherwise, except upon written approval issued by the Construction Official.
6. 
All sidewalks must have a pitch or slope from the curb line toward the building ascending at a rate of 1/4 of an inch to the foot. No sidewalk shall be constructed otherwise, except upon written approval of the Construction Official.
7. 
Under special circumstances, where permission is granted, in writing, by the Construction Official for the use of other materials, the work shall be done in strict conformity with any special requirements imposed by the Construction Official.
8. 
Concrete sidewalks shall be four inches thick, excepting where driveways cross the sidewalks, in which case they shall be six inches thick with six inches by six (6 x 6) inches 10 gauge welded wire fabric reinforcement within the limits of the driveway.
9. 
The application of cement to the surface of the concrete to hasten the hardening and to permit finishing is prohibited. The concrete shall be cured with clear or translucent liquid curing compound which shall be applied as soon as the concrete has been finished.
10. 
In general, sidewalks shall be constructed in slabs or independently divided sections. No section shall have an area of more than 100 square feet, nor shall any section be more than 10 feet on any side or have a length greater than one and one-half (1 1/2) times its width. Where it is desired to construct larger slabs, they shall be reinforced with a steel mesh in a manner satisfactory to the Construction Official or Borough Engineer. The method of placing the various sections shall be such as to produce a straight, clean-cut joint between them, extending the full depth of the pavement so as to make each section an independent unit.
11. 
A 1/2 inch joint shall be provided at least once every 20 feet in the length of the walk, which shall be filled with an approved joint filler. A similar joint shall be provided at each junction of sidewalk and street curb and between the sidewalk and abutting buildings.
12. 
Where the subbase upon which the sidewalk is to be laid is of an unstable nature, it shall be removed to a depth of at least four inches and replaced with well-compacted N.J.D.O.T. Type I-5 soil aggregate.
13. 
No driveway across any sidewalk shall be wider than 40 feet. Multiple driveways shall be separated by a minimum 20 foot safety island. No driveways shall be located closer than 10 feet from the corner of any two intersecting streets. No driveway exceeding 15 feet in width shall be located closer than five feet from any property line. The width of the driveway shall be determined by the linear measurement of curb removed or depressed below the established curb elevation.
14. 
Special instructions shall be given by the Construction Official for the construction of sidewalks for the protection of trees which intrude upon the sidewalk area.
15. 
Where applicable, handicapped ramps and depressed curbs shall be inserted in new sidewalk construction or reconstruction and in accordance with N.J.A.C. 5:21-4.18(a) (proposed).
c. 
Sidewalks may be of brick or concrete paver in accordance with the following proportions: such specifications are set forth on the detail sheet attached hereto and made a part hereof (codified as Diagram A of this chapter).[1]
[1]
Editor's Note: Diagram A is included as an attachment to this chapter.
d. 
In the event that a property owner desires to install brick or concrete paver sidewalk in accordance with paragraph c above, an application, in writing, shall be directed to the Construction Official. This application must be approved by the Construction Official.
e. 
Permits. Before commencing the construction, reconstruction or repair of any sidewalk, curb or gutter, a written permit shall be obtained by the person for whom the work is to be done or by the contractor who is to do the work. Application for permits shall be made to the Construction Official and shall state the owner of the property, street address, block and lot, sketch showing work proposed and the name of the person who is to do the work or who is to be in charge of the work. Work shall not be done by any other person unless notification has been given, in writing, to the Construction Official and has been approved by the Construction Official. The Construction Official may suspend or revoke a permit or deny an application for a permit when a person performing or in charge of the work has been guilty of flagrant, repeated or continued violations of this section. Suspension or revocation of a permit shall be in addition to any other penalty which may be imposed for a violation.
f. 
Fees.
1. 
The Construction Code Control Person shall receive the following fees for permits granted by the Construction Official in accordance with the provisions of this section:
(a) 
For each permit issued for the repair, maintenance or construction of a sidewalk, the sum of $25.
2. 
A separate permit for the doing of any work under the provisions of this section shall be issued for each property in front of which the work is to be done, provided that where two or more properties actually adjoin and are owned by the same person, a single permit may be issued.
[1975 Code § 98-9; Ord. No. 97-3 § 1]
The Borough Council may refuse to approve or accept any road, street or highway, notwithstanding compliance with all the above provisions, when, in its judgment, it is not advisable for good reason to grant such acceptance. It may permit variations of the foregoing specifications and requirements when, for good reason and without injury to the public interest, it deems a variance thereof to be advisable.
[1]
Editor's Note: See also Municipal Land Use Law for regulations on acceptance of public streets, N.J.A.C. 40:55D-53 et seq.
[1975 Code § 98-10; New]
No person shall deposit, throw, spill or dump any dirt, garbage, trash, debris or other waste material upon any street in the Borough, or cause or permit the same to be done.
[1975 Code § 98-11]
No person shall deposit, throw, spill or dump any building material, poles, lumber, brick, stone, tile, sand, pipe or any substance, matter or thing whatsoever on public property, or cause the same to be done, without first having obtained permission therefor from the Borough Council. Each day that such an encumbrance or obstruction shall remain after notice to remove the same shall constitute a separate offense.
[1975 Code § 98-12; New]
No person shall negligently or willfully break, injure or destroy any curb, gutter, crosswalk, bridge, pavement, Borough utilities and castings, bluestone or concrete sidewalk set or fixed in any public street, sidewalk or place in the Borough.
[1975 Code § 98-13]
No person shall erect, construct or maintain any stoop, step, platform, window, cellar door, descent into a cellar or basement, bridge, sign or any post or erection or any projection or otherwise in, over or upon any street in the Borough.
[1975 Code § 98-14; New]
No person shall place any banner, flag, projection or otherwise in, over or upon any street, or public place in the Borough without first having obtained permission from the Superintendent of Public Works or Monmouth County Highway Department, provided that nothing herein contained shall be construed to prohibit the display of the American flag upon or projecting from any building.
[1975 Code § 98-15; Ord. No. 07-2018]
Any owner(s), occupant(s), tenant(s), building superintendent(s), rental agent(s) or person(s) in charge of premises abutting or bordering upon any public street in the Borough shall remove all snow, slush and ice from the abutting sidewalks of such streets, or in the case of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand or salt, within 24 hours after the same shall fall or be formed thereon. Removal of any snow, slush or ice should be conducted along the full paved width of the sidewalk and in a manner that ensures the orderly flow and safety of pedestrian traffic upon such sidewalk. Removal of any slush, snow or ice shall be conducted in a manner that clears the full sidewalk, including removal of snow, slush and ice from all curb cuts, intersections, crosswalks, ramps and sidewalk locations abutting premises abutting or bordering upon any public street.
[Ord. No. 07-2018]
It shall be unlawful for any person to deposit snow or ice, whether removed from any driveway, parking area, sidewalk area or any privately-owned property upon any street within the Borough.
[Ord. No. 07-2018]
Any person, firm or corporation violating any of the provisions of this Section 14-3 shall, upon conviction thereof, be subject to the penalties provided in Chapter 1, General Provisions, Section 1-5, General Penalty. In addition to the provision for penalties herein made for violations of this Section 14-3, and in case such snow or ice shall not be removed from such sidewalks by the owner(s), occupant(s), tenant(s), building superintendent(s), rental agent(s) or person(s) in charge of any premises as provided subsection 14-3.1 hereof, the same shall be removed forthwith and under the direction of the Superintendent of Public Works, and the cost of such removal as nearly as can be ascertained shall be certified by the Superintendent of Public Works to the governing body. The governing body shall examine such certification and, if found to be correct, shall cause such cost to be charged against such real estate so abutting or bordering upon such sidewalk or street and the amount so charged shall forthwith become a lien and a tax upon such real estate or land and be added to, recorded and collected in the same manner as the taxes next to be levied and assessed upon such premises and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes.
[1975 Code § 98-16; New; Ord. No. 17-2016]
It shall be unlawful for any person or persons, corporation or corporations or public utilities to cut into, excavate or open any of the streets of the Borough or any portion thereof without first making written application to the Borough Clerk setting forth the kind and character of the proposed excavation. The Borough Clerk shall promptly transmit said written application to the Borough Engineer for review and determination. If the Borough Engineer approves said written application, then the Borough Clerk shall issue a permit to the applicant. It shall be unlawful for any person or persons, corporation or corporations or public utilities to cut into, excavate or open any of the streets of the Borough or any portion thereof without obtaining from the Borough Clerk a permit for each and every opening. Before the issuance of the permit, except as provided by Chapter 19, subsection 19-2.21 for water service excavations, the applicant shall file with the Borough Clerk a bond approved by the Borough Attorney in the sum of $5,000 signed by the applicant and conditioned upon restoring the street to its original elevation or grade within five days after the work incident to the excavation or opening shall have been completed, weather permitting. For each excavation or opening of any street or highway, the applicant shall pay to the Borough Clerk the sum of $250 for a permit, which sum the Borough Clerk shall pay into the Borough treasury.
[1975 Code § 98-17; New]
Within 10 days after the work incident to any excavation or opening of any street or highway shall have been completed, the excavation or opening shall be inspected by the Superintendent of Public Works or the Borough Engineer, and if, in the judgment of the official making such inspection, the surface of the street has been restored to its original condition, the official making the aforesaid inspection shall instruct the Construction Code Control Person to return the bond to the applicant for cancellation. There is a sliding scale inspection fee with $100 minimum.
[1975 Code § 98-18; New]
a. 
In case the Borough shall be obliged to refill, repair or repave any of the streets so disturbed, because of any default or failure of the person or persons, corporation or corporations or public utility to restore any street to its original condition, then in such case the Borough shall have the right to proceed against the person or persons, corporation or corporations or public utility to recover any damages the Borough may have sustained, or, at its option, the Borough may bring suit on the bond filed with the Construction Code Control Person as herein provided.
b. 
The filing of the bond shall not be construed as exempting the person or persons, corporation or corporations or public utility filing the same from the payment of the sum of $25 to the Construction Code Control Person for the issuance of a permit in accordance with the aforesaid provisions.
[1975 Code § 98-19; New]
No person, corporation or public utility shall open or excavate a street for a greater distance than 200 feet at one time or keep the same open for a longer period than five working days, and during all the period while such street is being excavated, occupied or used in any manner as aforesaid, there shall be provided by the person, corporation or public utility obtaining such permit a space at street level of at least 15 feet in width for the purpose of allowing vehicles free and unimpeded use of such space. Any person, corporation or public utility making openings as aforesaid along the line of any street in the Borough, and any corporation or public utility having the right to lay wires, pipes or other conduits or to make repairs under the highway or any section or sections thereof, shall complete all of the work within the time schedule provided with the permit application.
[1975 Code § 98-20; New]
Any person, corporation or public utility excavating, opening or in any manner using any of the streets of the Borough for any purpose whatever under a permit obtained as herein provided shall, prior to any excavation, place around any excavation, earth, dirt, building material, appliances or equipment suitable and sufficient excavation opening steel plates, fencing, signs, lights, barricades, traffic channeling devices and other pedestrian traffic safety devices as required by the U.S.D.O.T. "Manual of Uniform Traffic Control Devices" and regulatory agencies having jurisdiction, as required by the Superintendent of Public Works or the Borough Police Department during the time of such excavation, occupation or use of the streets as aforesaid and until five days after such excavation shall have been filled and completed.
The Borough shall notify the contractor of any determined unsafe or emergency condition. The person, corporation or public utility shall respond to the Borough's notification within two hours, including off-hours and holidays. If a timely response is not provided, the Borough shall take the appropriate action to remedy the condition(s) and recover all incurred costs in accordance with subsection 14-4.3a.
[1975 Code § 98-21; New]
Any person or corporation excavating, occupying or using the streets as aforesaid shall replace them in accordance with subsection 14-1.3 and all approved backfill shall be properly compacted in 12 inch lifts, maximum, all surplus material shall be properly placed aside, the street shall be filled, repaired and repaved, and all excess earth, debris and other material removed to the satisfaction of the Superintendent of Public Works or the Borough Engineer.
[1975 Code § 98-22; New]
In case of a sudden break, bursting or disruption of any public utility where immediate repair is necessary to prevent the discontinuance of essential public services, it shall not be necessary to obtain a permit before beginning such repair, but such permit shall be obtained within two days after the occurrence of such emergency, and this section shall not be construed to exempt any person, corporation or public utility repairing the pipes, conduits or mains from any other provision of this section requiring the filing of a street opening application, application fee and bond, containing the conditions hereinabove set forth, with the Construction Code Control Person.
[1975 Code § 98-26; Ord. No. 022-77; New]
The Code Enforcement Official shall certify to the Borough Council whenever any sidewalks and curbs are in need of construction, repair, alteration, relaying or maintaining, and the expense of the construction, repairing, altering, relaying or maintaining shall be borne by the landowners abutting the improvement.
[1975 Code § 98-27; Ord. No. 022-77; New; Ord. No. 07-2005 § 1]
The Borough Council, upon receipt of the certification from the Zoning Official, shall determine the necessity of the improvement. If it deems the improvement to be necessary, it shall by resolution cause a notice, in writing, by certified mail to be served upon the owners of the lands requiring the necessary specified work to be done by the owner within a period of not less than 30 days from the date of service of the notice. The Borough Council may, in its discretion, extend the 30 days for a longer period due to inclement weather, provided that the total time for the work to be performed shall not exceed 60 days.
[1975 Code § 98-28; Ord. No. 022-77; New; Ord. No. 07-2005 § 1]
Whenever any of the abutting lands are unoccupied and the owner cannot be found by the Borough, the notice shall be mailed certified postage prepaid to his post office address as it is ascertained from the latest tax roles of the Borough. In a case where an owner's post office address cannot be ascertained, then a notice may be inserted for four weeks, once a week, in the newspaper commonly used for such purposes by the Borough. In the event that the owner or occupant of such lands shall not comply with the requirements of such notice, it shall be lawful for the Zoning Official, upon filing due proof of service or publication of the aforesaid notice, to cause the required work to be done and paid for out of the Borough funds available for that purpose. The cost of such work shall be certified by the Zoning Officer and turned over to the Tax Collector. Upon filing the certificates, the amount of the cost of such work shall be and become a lien upon the abutting lands in front of which such work was done.
[1975 Code § 98-29; Ord. No. 022-77; New]
All sidewalks and curbs constructed, reconstructed, repaired, altered or maintained by the abutting owner or occupant shall be constructed, repaired, altered and maintained in accordance with the line and grade established by the Borough Engineer. It shall be the duty of the abutting owner or occupant in every and all instances to make inquiry of the Borough Engineer to ascertain such line and grade.
[1975 Code § 98-30; Ord. No. 022-77; New]
All sidewalks and curbs constructed, reconstructed, repaired, altered and maintained shall be constructed, repaired, altered or maintained in accordance with subsections 14-1.7 and 14-1.8, "Curb Specifications" and "Sidewalk Specifications."
[1975 Code § 98-31; Ord. No. 022-77]
The Borough Council may include in its annual budget an appropriation for curb and sidewalk construction in addition to any existing maintenance fund. The cost of construction and repair of curbs or sidewalks during the calendar year may become a charge to the aforesaid funds. All moneys recovered or paid to the Borough shall be credited to the fund out of which moneys for such work were paid.
[1975 Code § 98-25; New]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.