No person or entity shall erect any dwelling, business or industrial
structure on a lot fronting on a public street in the Borough of Woodstown
without constructing sidewalks along the street frontage for the lot
on which the building is situate. In the event that the person or
entity owns both sides of the street, then the street shall also be
paved.
Every applicant for a building permit shall indicate the location
of the driveway aprons, sidewalks, handicapped access ramps and any
required pavement on the plot plan submitted.
Before applying for a building permit, each applicant governed
by the provisions of this article shall obtain from the Borough Engineer
lines and grade, and all sidewalks and road improvements made shall
be to the line and grade as established by the Borough Engineer.
[1]
Editor's Note: Former § 78-11, Sidewalk construction
specifications, containing portions of Ordinance Nos. 475 and 513
was repealed by Ordinance No. 564.
A.
No certificate of occupancy for any building shall be granted by
the Building Inspector or Housing Officer until and unless the construction,
repair or replacement of driveway aprons, sidewalks, handicapped access
ramps and pavement is completed and approved as to location, grade,
materials and workmanship after inspection by the Borough Engineer
or the Superintendent of Public Works.
B.
No property which has frontage on a public street and contains any
dwelling, business or industrial structure may be sold or title transferred
unless said property has been inspected by the Superintendent of Public
Works for driveway aprons, sidewalks, and handicapped access ramps.
C.
No permanent certificate of occupancy shall be issued until driveway
aprons, sidewalks and handicapped access ramps have been constructed,
repaired or replaced in accordance with the provisions of this article.
For those properties with driveway aprons, sidewalks and handicapped
access ramps in place, no permanent certificate of occupancy shall
be issued unless said improvements are in good condition. Good condition
shall require that the particular improvement not be cracked, irregular,
unlevel or uneven, spalding or rough aggregate surface or displaced
in such fashion as to constitute a likely tripping hazard or lead
to unreasonable premature deterioration, as determined by the Superintendent
of Public Works. In the event that repair, replacement or installation
is required, a temporary certificate of occupancy may be issued for
a period not to exceed six months if adequate provisions have been
made for the construction of required additions or improvement. On
the sale or transfer of title, if improvements, repairs or replacement
are not completed prior to the settlement, the seller and buyer must
agree to the cost, location and manner of installation of the sidewalks,
driveway aprons and handicapped access ramp. A copy of this agreement,
along with a copy of a set of engineering plans for the construction,
repair or replacement, shall be forwarded to the Borough Housing Officer
and the Superintendent of Public Works prior to the settlement and
prior to the issuance of the temporary certificate of occupancy.
D.
The Borough Engineer or the Superintendent of Public Works shall
inspect all driveway aprons, sidewalk and handicapped access ramp
work upon completion. Any work that does not comply with the Borough
specifications shall be removed and replaced by the property owner
at the time.
Any property owner wishing to appeal the decision of the Superintendent of Public Works that replacement or repair is required pursuant to § 78-12 herein shall file a written notice of appeal with the Borough Clerk within 10 days of the date that said property owner receives a written decision by the Superintendent of Public Works. Said appeal shall then be placed on the agenda for the regular Borough Council Meeting to be held within 30 days of the date the owner shall file his notice. Said notice shall contain the owner's name, address, address of the property in question and basis for appeal. Said notice shall also contain, if necessary, photographs of the applicable portion of the improvements in question.
In the event that the property owner cannot obtain a permanent
certificate of occupancy by the expiration of the temporary certificate
of occupancy, the property owner may petition Borough Council for
a one-time extension for a period not to exceed six months. The petition
shall be in writing and filed with the Borough Clerk. Said petition
shall contain the owner's name, address, address of the property
in question and basis for the request.
The property owner may petition the Borough Council to waive
any of the requirements of this article. The petition shall be in
writing and filed with the Borough Clerk. Said petition shall contain
the owner's name, address, address of the property in question
and basis for the request.
Any person violating any of the provisions of this article shall
be subject to a penalty of imprisonment for a term not exceeding 90
days or a fine not exceeding $500 a day until the violation is corrected,
or both. In addition to the fines and penalties provided herein, said
person shall be ordered to construct the required improvements and
may be held in contempt for any failure to comply.
The Superintendent of Public Works or designee of the Borough
of Woodstown is hereby authorized and empowered to provide written
notice to the property owner of any such lot, place or area within
the Borough for any property in violation of this article. Such notice
shall be by regular mail addressed to the property owner at his last
known address. Thereby giving the property owner 30 days to correct
said violation.
In the event that the property owner does not cure said violation
after appropriate notice, Borough Council make the decision to authorize
the installation of said improvements or make any repairs or replacements
at the Borough's complete and absolute discretion. Any cost relating
to said improvements, repairs or replacements shall at the expense
of the property owner. The total amount due shall be payable within
21 days of the billing date. This expense shall include, but not be
limited to, cost of construction by any outside contractor, materials
any engineering costs incurred by the Borough and an administrative
fee of 10% of the total expense incurred by the Borough. Additionally,
the total actual cost incurred by the Borough of Woodstown for employee
labor shall be billed at the employee's hourly rate, plus 21%.
If the full amount due to the Borough is not paid within 21
days of the bill being sent, the Superintendent of Public Works or
designee of the Borough of Woodstown shall cause to be recorded in
the Tax Collector's office a sworn statement showing the cost
and expense incurred for the work and the block and tax lot on which
said work was completed, and the recordation of such sworn statement
shall constitute a lien and privilege on the property and shall remain
in full force and effect for the amount due in principal and interest
(at the rate of the Borough delinquent property tax rate), plus costs
of court, if any, for collection until final payment has been made;
said costs and expenses shall be collected in the manner fixed by
law for the collection of taxes. Sworn statements recorded in accordance
with the provisions hereof shall be prima facie evidence that all
legal formalities have been complied with and that work has been done
properly and satisfactorily, and shall be full notice to every person
concerned that the amount shown in the statement, plus interest (at
the rate of the Borough delinquent tax rate), constitutes a municipal
lien against the property designated or described in the statement
and that the same is due and collectable as provided by law.
