All curbs and sidewalks constructed in accordance with the provisions
of this article shall be constructed in accordance with specifications
governing such installations as may be adopted by the Township from
time to time. The Township Engineer shall provide the specifications
at the request of the property owner and shall review any construction
of curbs and sidewalks to determine the correctness of the line and
grade and the compliance with the specification.
The Township Committee may, from time to time and by ordinance
or resolution, concurred in by at least 2/3 of the membership of the
Township Committee, require the installation of sidewalks and curbs
on any public street within the Township of West Deptford upon determination
by it of the need for such installation as a matter of public health
and safety, proper flow of surface waters or for any other good cause.
The cost of such construction shall be borne by the property owners
affected. Such notice as may be required by N.J.S.A. 40:65-3 et seq.
shall be given to the property owners affected, and the requirements
of the said statute with regard to notice and hearing shall be given
whether the action taken is initiated by ordinance or resolution.
Before any construction may be performed by the Township of West Deptford
causing a lien against affected properties, the owners of such properties
shall be given 30 days after service of notice of the final action
of the Township Committee to construct the required improvements.
Upon failure of such owner or owners to so construct within the time
aforesaid, the municipality shall construct such curbs and sidewalks
within the terms of N.J.S.A. 40:65-1 et seq.
The Township Committee may, from time to time, by resolution
concurred in by at least 2/3 of the membership of the Township Committee,
require the repair and reconstruction of any sidewalks and curbs in
the Township deemed to be in a dangerous or deteriorating condition.
Upon receipt of notification of such determination by a property owner,
said property owner shall repair or reconstruct the subject curb and
sidewalk within 30 days, and upon failure to do so, the municipality
may perform such repair or reconstruction and assess the said property
in accordance with N.J.S.A. 40:65-1 et seq. The Township Committee
may also, from time to time, by resolution concurred in by at least
2/3 of its entire membership, provide for the repair or reconstruction
of sidewalks on the streets or roads of the Township at public expense,
provided that the conditions required by N.J.S.A. 40:65-9.1 through
40:65-9.6 are complied with.
[Amended 6-5-1980 by Ord.
No. 80-9]
Except as provided in §
142-18, no certificate of occupancy for any building shall be granted by the Township Building Inspector and the Zoning Officer unless and until the construction of curbs and sidewalks is completed and approved as to location, grade, material and workmanship after inspection thereof by the Township Engineer or other official designated by the Township Committee.
[Amended 7-2-1981 by Ord.
No. 81-17]
The Inspector's Office and the Department of Public Works are
hereby designated as the enforcing agencies for this article.
[Added 6-5-1980 by Ord.
No. 80-9]
A. Temporary waivers. The Township Committee may grant any person temporary relief from the requirements of this article for a certificate of occupancy (§
142-16), by resolution duly adopted, under the following terms and conditions:
(1) That unsatisfactory prevailing weather conditions are in existence;
or
(2) That there is ongoing or imminent roadway or utility construction
which would affect the curb or walk construction or which would impede
the roadway or utility construction, in the opinion of the Township
Engineer; and
(3) That such temporary waiver shall not exceed a period of 120 days.
B. Permanent waivers. The requirements for the construction of curb
and sidewalks provided for in this article may be permanently waived
by resolution duly adopted by the Township Committee upon certification
by the Township Engineer to the Township Committee that one or more
of the following conditions exist as to any given property:
(1) When anticipated curb or sidewalk construction would be dangerous
to pedestrian or vehicular traffic.
(2) When construction of curb or walk is impractical by virtue of existing
road profiles being excessively higher or lower than proposed road
profiles such that the improvements would be buried or elevated, requiring
extraordinary construction.
(3) When the lot has frontage on two or more streets and one or more
of the streets is unimproved and its improvement is not contemplated
or its vacation is contemplated by the Township Committee.
(4) When the width of the municipal right-of-way is insufficient to contain
curbs and/or sidewalks.
[Added 12-4-1980 by Ord.
No. 80-24]