[1990 Code § 14-1.1; Ord. No. 09-2011; amended 5-19-2022 by Ord. No. 09-2022]
It shall be unlawful for any person to make any opening through
or under the surface of any public City street or right-of-way for
any purpose whatsoever without first obtaining a permit from the City.
This includes construction of new sidewalks as well as openings in
the cartway.
[1990 Code § 14-1.2; Ord. No. 09-2011; amended 5-19-2022 by Ord. No. 09-2022]
An application for the permit shall be made in writing to the
City Clerk and shall be forwarded to the City Clerk for process. The
application, accompanied by a plot plan, diagram or drawing, shall
set forth the exact location, nature and extent of the opening to
be made together with a statement of the purpose or purposes thereof.
The drawing shall be drawn to scale. The Public Works Director shall
respond within 48 hours to the Office of the City Clerk advising of
his approval and/or requirements of all applications. When traffic
is of a concern, the City Clerk shall forward the application to the
Police Department for review and consideration of the need for a traffic
plan.
[1990 Code § 14-1.3; Ord. No. 2007-29; Ord. No. 09-2011; Ord. No. 05-2016; amended 5-19-2022 by Ord. No. 09-2022]
a. The application shall be accompanied by a fee as designated in the
following fee schedule:
1. Sidewalk Permit, a fee of $50.
2. Street Opening Permit, a fee of $100.
3. Utility Fees:
(a)
Emergency Repair, fee of $100.
(b)
Planned Main Upgrades.
(1)
$1,000 per street or cartway (Note: the consideration for the
increase in fees for utilities was based on the average number of
properties on a street in the downtown area (between 13 and 22).
(2)
Engineering Services: the Utility will enter into an agreement
to reimburse the City for all engineering services related to their
project. This will cover pre and post construction review and meetings.
b. If the application is for a project costing in excess of $15,000
then the application shall include an escrow agreement, a preliminary
fee of $5,000 (previously $1,000) to cover costs to review and inspect
the project by the City Engineer and a performance bond in the amount
of 10% of the costs as certified by the City Engineer based on documentation
submitted by the applicant. 20% of the bond shall be in cash.
c. The City of Lambertville imposes a five year moratorium on all road
work completed within the City limits. This moratorium can be waived
under the following conditions:
1. Action of the governing body;
2. Emergency Repair Work.
If the moratorium is waived by the governing body, the applicant
shall, in addition to complying with all requirements of the City
Engineer and the Public Works Director, post a maintenance bond guaranteeing
the work for a period of two years.
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[1990 Code § 14-1.4; Ord. No. 09-2011; amended 5-19-2022 by Ord. No. 09-2022]
When the Public Works Director or City Engineer is satisfied
that the street opened has been replaced in the same or as good condition
as it was before the opening, on the account of which the bond was
given, the Director shall direct the City Clerk to cancel or discharge
the bond.
If the Public Works Director or City Engineer finds that the
street has not been replaced in the same or as good condition as it
was before the opening, the Director shall give notice to the applicant
to correct same within 30 days. If the applicant fails to correct
same within 30 days, the cash bond shall be utilized by the Public
Works Department to correct the same. In the event of a corporate
bond, the City Clerk shall be authorized to take the necessary steps
to collect payment from the bonding company.
[1990 Code § 14-1.5; Ord. No. 2003-22; amended 5-19-2022 by Ord. No. 09-2022]
The fee for the construction of a new driveway shall be $50
per unit. If this requires a public hearing before the governing body,
the applicant will post escrow in the amount of $1,500 to cover professional
services for the review of the application.
a. Standards for a New Driveway.
1. The use of the property must be in conformity with the Zoning Ordinance.
2. The driveway shall be located a minimum of three feet from any property
line.
3. The driveway shall be a minimum of nine feet wide and 18 feet long
not including that portion located within the street right-of-way.
4. The total lot coverage as stipulated in the Zoning Ordinance shall
not be exceeded.
b. Notice to Public. Any application for the creation of a new driveway
that has not been subject of a public hearing before either the Planning
Board or the Zoning Board of Adjustment or is located within the Historic
District of the City of Lambertville as designated by the State of
New Jersey shall be accompanied by proof of publication of a notice
in official newspaper of the City that the applicant has applied for
permission to construct a driveway and that the Mayor and Council
will hold a public hearing on the application at the next regular
meeting and that any interested party can be heard at that time. The
applicant must obtain a list of property owners within 200 feet of
the property upon which the driveway is proposed. A notice of the
filing of the application and the date of the public hearing shall
be served on each property owner on the list by certified mail or
personal service at least 10 days before the scheduled hearing.
c. Hearing. The comments from the Public Works Director, Police Director
and adjacent property owners will be considered by the Mayor and City
Council in deciding on the application.
d. After favorable decision of the Mayor and City Council, the City
Clerk is authorized to issue a permit for the construction of the
new driveway subject to the conditions, if any, imposed by the Mayor
and City Council.
[1990 Code § 14-2.1]
There shall be curbs and sidewalks on the streets of the City
presently opened or that may be opened in the future, when for reasons
of public safety and convenience, such are deemed necessary. The necessity
for such curbs and sidewalks and the repair of the same shall be determined
in accordance with the provisions of this section.
Where curbs are required, depressed curb ramps shall be installed
at the radii curb in accordance with the laws of the State of New
Jersey.
[1990 Code § 14-2.2]
a. If curbs are to be concrete the curbing shall meet the following
specifications:
1. The concrete to be used for curb shall be Class B (minimum 4,000
PSI) as specified in New Jersey State Highway Specifications for Curbs
and Gutters.
2. Curbs shall be constructed using ten foot sections, expansion joints
shall be provided at a maximum interval of 30 feet and the expansion
joint material shall meet the requirements of the City Engineer. If
the joints are 30 feet apart the material shall be 1/2 inch, if 20
feet apart shall be 3/8 inch.
3. Openings for driveway access shall be in such width as shall be determined
by the City Engineer. The curb at such driveway openings shall be
depressed to the extent that 1 1/2 inch of the face of the curb
be extended above the finished pavement. The rear top corner of the
curb shall have a radius 1/4 inch and the front top corner shall have
a radius of 1 1/2 inch.
4. Concrete curbs shall be nine inches wide at the base, not less than
six inches wide at the top and the height shall not be less than 18
inches and be constructed to show a vertical face above the road pavement
of six inches, or as approved by the City Engineer. Curbs at driveway
openings shall be constructed to the full depth of 18 inches which
depth shall extend a minimum of six inches on either side of the depression.
b. If curbs are to be belgian block the curbing shall meet the requirements
of the following specifications:
1. The stone block shall be new or used granite or other stone as approved
by the City Engineer. The block shall be sound and durable, reasonably
uniform in quality and texture throughout, free from shale, excess
mica, seams, scaling or evidence of disintegration. The color shall
be light gray with medium or fine grain. Samples of the stone must
be submitted to and be approved by the City Engineer prior to beginning
any work.
The block shall be rectangular in shape with the following dimensions:
Ten inches to 12 inches in length, three inches to five inches
in width, and three inches to five inches in depth, unless otherwise
approved by the Engineer, and dressed so that they may be laid with
a maximum of 1 1/4 inch joints or as approved by the City Engineer,
prior to beginning the work.
2. The stone block curbing shall be laid in a bed of Class C concrete
a minimum width of 12 inches wide, eight inches under the block and
extend up on the front of the block to within eight inches of the
top and on the back of the block to within four inches of the top.
Joints shall be filled with cement mortar.
3. Openings for driveway access shall be such width as shall be determined
by the City Engineer. The curbs at such driveway openings shall be
depressed to the extent that 1 1/2 inch extends above the finished
pavement.
c. If curbs are to be granite curb the curbing shall meet the following
specifications:
1. Stone curb shall be approved granite from acceptable sources. The
stone shall be sound and durable, free from seams which impair its
structural integrity, and of a smooth splitting and machining character.
Natural color variations that are characteristic of the deposit will
be permitted. It shall be of the depth called for in quantity sheets,
not less than 15 inches deep throughout, and not less than three feet
long.
Top surfaces shall be sawed or hammered to approximately true
planes with no projection or depression greater than 1/8 inch. Saw
marks normal to the sawing process will be permitted if within the
one-eighth 1/8 inch tolerance. The front and back arris lines shall
be pitched straight and true. There shall be no projection on the
back surface for three inches down from the top which would exceed
a batter of one inch horizontal or three inches vertical.
The front face shall be smooth quarry split, free from drill
holes in the exposed face. There shall be no projection greater than
3/4 inch or depression greater than 1/2 inch measured from the plane
or planes of the face through the front arris lines for a distance
of eight inches down from the top. For the remaining distances there
shall be no projection or depression greater than one inch variation
from the plane of the face.
The ends of all curb sections shall be square with the plane
of the top and face and, so finished that when the sections are placed
end to end, as closely as possible, no space more than 3/4 inch shall
show in the joint for the full width of the top or down on the face
for eight inches. The remainder of the end may break back not over
nine inches from the plane of the joint.
2. The granite curbing shall be laid so that six inches of the face
is extended above the finished road pavement. The granite curb shall
be laid in Class C concrete at a minimum of 12 inches wide at the
base and four inches under the granite curb and extended up on both
the front and back approximately six inches. The Class C concrete
shall be a very stiff mix so that it will support the granite curbs.
[1990 Code § 14-2.3]
a. Sidewalks shall adhere to the following specifications unless otherwise
specified by the City Engineer. Sidewalks shall have the minimum width
of four feet and a maximum of 10 feet wide or as directed by the City
Engineer.
b. If the sidewalks are to be concrete they shall meet the following
specifications:
The concrete to be used for sidewalks shall be Class B concrete
(minimum 4,000 PSI) as specified in New Jersey State Highway Specifications
for sidewalks. Sidewalks shall be constructed using twenty foot sections
with contraction joints every four feet. An expansion joint shall
be placed every 20 feet or where the concrete sidewalks abut other
structures. The expansion joint material shall be at least 3/8 inch
thick and shall be bituminous impregnated. The concrete shall have
a minimum thickness of four inches and shall be laid on compacted
select material, except in aprons where driveways cross the sidewalks
the thickness should be a minimum of six inches thick, and shall be
laid on compacted select material. The surface shall not vary more
than 1/8 inch under a ten-foot straight edge. The surface shall have
a granular or matter texture which will not be slick when wet. The
sidewalk surface shall be laid out in blocks with an approved grooving
tool as shown on the plans or as directed by the Engineer. If the
sidewalks are to be paved with pavers (brick, flagstone, tile or stone
block) the sidewalks shall meet the following specifications:
1. Material:
(a)
If pavers are paving brick the brick shall have a fine grain,
uniform, and dense structure free of lumps of lime, laminations, cracks,
checks, soluble salts, or other defects which may in any way impair
their strength, durability, appearance, or usefulness for the purpose
intended. The bricks shall emit a clear, metallic ring when struck
by a hammer.
(b)
If pavers are flagstone or block, the stone should be slate,
bluestone or granite and shall be tough, dense, sound and durable,
resistant to weather action, reasonable fine grain, uniform in color
and free from seams, cracks or other structural defects. All stone
material should be approved by the City Engineer prior to installing.
(c)
Concrete base: Concrete for the base course of three inches
thick shall be Class C concrete (3,500 PSI concrete). In apron area
the concrete base should be five inches thick, and in roadway eight
inches thick.
2. Method to Install Brick, Flagstone or Stone Block, (Pavers).
(a)
The base concrete slab shall be brought to an elevation of one
inch plus the thickness of the pavers below the finished grade elevation.
The concrete slab should have a rough broom finish.
(b)
The surface of the concrete slab shall be thoroughly cleaned
of all loose material and free of dirt, mud and other fine material.
Hose dampen the surface of the slab and apply liberally a sprinkling
of Portland cement over the area to be paved. Broom the cement and
water slurry over the surface of the concrete to be paved.
(c)
Place mortar bed at a minimum of one-inch thick, comprised of
one part Portland cement to three parts clean sharp sand thoroughly
mixed with only sufficient water to form a stiff mortar mix. Pavers
shall be firmly bedded into the mortar bed bringing the upper face
of the pavers to the proper grade.
(d)
Pavers shall be spaced to provide joints as follows:
(1)
For Brick: The space to provide joints of not less than 3/8
inch wide and not to exceed one-half inch wide.
(2)
For Flagstone and Stone Block: Pavers shall be spaced to provide
joints of not less than 3/4 inch wide and not to exceed one-inch wide.
Joints shall be broomed filled with a dry mortar mix, consisting of
one part Portland cement and three parts clean sharp sand thoroughly
mixed. Broom off excess mortar mix with a fine hair broom to assure
that the surface of the pavers is entirely clean. Spray water over
the entire surface of the paving treating only a small area at one
time using a fine mist spray to completely saturate the joints. Spray
shall be carefully controlled to prevent redistributing of the mortar
mix and to ensure that no flooding of the joints occur. Continue this
process until the joints have been saturated to the full depth of
pavers. On completion of the saturation, inspect the area to insure
that no joints have settled beyond the normal depth not to exceed
1/4 inch below the normal face of the pavers. Any joints showing excess
settlement shall be filled to the proper level with a stiff mortar
mix by trowel and finished to match the balance of the joints.
[1990 Code § 14-2.4]
The owners or owner of all lots of land in the City of Lambertville
who already have paved sidewalks and curbs shall keep the same in
repair so that the same shall at all times present an even surface
and conform to the established grade and full established width of
any sidewalks and curbs within the block in which the particular sidewalks
or curbs are located. The owners may make their repairs with the same
type of material used in said sidewalks.
[1990 Code § 14-2.5]
Before any new curbing and sidewalks are constructed, or any present curbing or sidewalks are to be repaired, a plan incorporating the requirements of subsection
14-2.2 as to curbs, the requirements of subsection
14-2.3 hereof as to sidewalks or the provisions of subsection
14-2.4 as to repairs, must be submitted to the Director of Public Works, at the City Hall, setting forth the details of the work to be done. If the Director finds the plan meets the requirements of this section, he shall issue an approval of the same and provide therein the line and grade to be followed in the construction of the curbing and sidewalks. If the said Director deems it necessary, he may consult with the City Engineer before issuing the approval of any such plan.
[1990 Code § 14-2.6; amended 10-20-2022 by Ord. No. 25-2022]
The Director of Public Works shall periodically inspect the
properties in the City and determine, that for reasons of public safety
and convenience, it is necessary to construct, repair or alter or
relay any curbing or sidewalks, and submit a report of any such inspection
to the Governing Body of the City. The Governing Body may then, by
resolution, order the Director to serve a notice in writing upon the
owners or occupants of the land requiring the necessary specified
work to such curbs or sidewalks to be done by the owner and occupant
in accordance with the provisions of this section within a period
of not less than 60 days from the date of service of such notice.
When the land is unoccupied and the owner is a nonresident, or his
post office address is unknown, then such notice shall be given in
accordance with the provisions set forth in N.J.S.A. 40:65-3, Service
of Notice.
Any owner or occupant of such lands who does not comply with the requirements of such notice shall, upon conviction, be liable to the penalty established in Chapter
1, §
1-5.
[1990 Code § 14-2.7; amended 10-20-2022 by Ord. No. 25-2022]
In addition to the penalty set forth in Subsection
14-2.6 herein, if the owner or occupant of such lands does not comply with the requirements of such notice, the Director of Public Works may, in his or her discretion, cause the required work to be done and paid for out of the City funds. In the case of sidewalks, the material used shall be brick, flagstone or Class C concrete. The cost of such work shall be certified by the Director to the City Tax Assessor and upon the filing of such certificates, the cost of such work shall be a lien upon the abutting lands in front of which such work was done, pursuant to the provisions of the State Statutes
[1990 Code § 14-2.8]
If any street, or part of a street, in the City is to be entirely
reconstructed and new curbs and sidewalks are included as part of
such reconstruction, the specifications for the curbs and sidewalks
shall be in accordance with the provisions of this section.
[1990 Code § 14-3.1]
The owners or tenants of any lands abutting upon the streets
of the City shall remove all snow and ice from their sidewalks which
abut upon the streets within 12 hours of daylight after the same shall
fall or be formed thereon.
[1990 Code § 14-3.2]
In addition to the penalty stated in Chapter
1, Section
1-5, if any owner or tenant of such lands shall fail to remove such snow or ice, the Director of Public Works may cause the same to be removed and certify the cost of the removal to the Mayor and Council. The Mayor and Council shall examine the certificate, and if they find the same to be correct, cause such cost of removal to be charged against the real estate abutting upon the sidewalk; the amount so charged thereupon shall become a lien and tax upon such real estate and shall be added to and be part of the taxes next to be levied and assessed thereon, to be enforced and collected with interest by the same officers and in the same manner as other taxes.
[1990 Code § 14-3.3]
Any person violating the provisions of this section shall, upon conviction, be liable to the penalty established in Chapter
1, Section
1-5.