[Adopted 2-8-1956 by Ord. No. 397 (Ch.
109, Art. I, of the 1966 Code)]
All streets or parts of streets in the Borough
of Montvale shall be graded, constructed and reconstructed, paved
and repaved, curbed and recurbed, and all sidewalks of the streets
or parts of streets and highways shall be constructed, repaired and
improved as a local or general improvement as the governing body of
the Borough of Montvale shall, from time to time, by special ordinance
direct in conformity with the provisions of the law.
The grades, roadway widths and sidewalk widths
of all streets or parts of streets in the Borough of Montvale shall
be established or changed as directed by ordinance, and a profile
and plan thereof with the new grades and widths or alteration distinctly
marked thereon shall be filed in the office of the Borough Clerk.
When the grade of the streets or highways or
part thereof shall have been previously legally established, the proposed
improvement shall conform as nearly as practicable with the established
grade.
If any street or part of street, roadway or
public highway so to be improved be under the control of any county
board or commission, the approval of said body of the plans of improvement
shall be obtained before the improvement is begun.
Unless otherwise established or changed by ordinance,
every public street in the Borough of Montvale shall have a crowned
roadway in the center thereof whose width shall be 3/5 of the width
of the street and shall have on each side of such street a sidewalk
whose width shall be 1/5 the width of said street; provided, however,
the distance between the curbline on every public street and the property
line shall be a minimum of 10 feet in width.
Notice of the hearing to be held on any ordinance
for the grading of streets or parts of streets, roadways and highways
and for the construction and reconstruction, paving and repaving,
curbing and recurbing, repairing and improving of the sidewalks of
the streets or parts of streets, roadways and highways of the Borough
of Montvale shall be given in the manner prescribed by law.
The Borough Clerk shall be authorized and directed
by resolution of the governing body to publicly advertise for sealed
proposals for the furnishing of labor and materials necessary for
the grading, construction and reconstruction, paving and repaving,
curbing and recurbing, repairing and improving of sidewalks and curbs
of streets or parts of streets and highways in the Borough of Montvale
according to law.
Sealed proposals, in writing, shall be received
at the office of the Borough Clerk at the time specified in the advertisement
calling for such proposals and shall there be publicly opened and
read by the Borough Clerk or his authorized representative.
The governing body shall, by resolution, award
the contract for the grading, construction and reconstruction, paving
and repaving, curbing and recurbing, repairing and improving of sidewalks
and curbs of any street or parts of streets and highways to the lowest
responsible bidder in response to the public advertisement for sealed
proposals when it is deemed to be in the best interest of the Borough
to do so.
No compensation shall be made under any contract
for the grading, construction and reconstruction, paving and repaving,
curbing and recurbing, repairing and improving of sidewalks and curbs
of streets or parts of streets and highways for any labor or materials
furnished for any work done until all the conditions precedent required
by law and the terms of the contract are complied with.
Any person, firm or corporation owning, leasing
or occupying any house or other building, or vacant lot, fronting
on any street or highway in the Borough of Montvale shall, at his
or their charge and expense, well and sufficiently pave and maintain
in good repair, according to the provisions of this article, the sidewalk,
including the authorized installations thereon and therein, and the
curb and gutter of the street in front of such house, building or
lot.
Upon failure of any owner to construct or maintain
the sidewalk, curb and gutter as provided for in the preceding section,
the Borough Clerk or his authorized representative shall serve, according
to law, a notice upon such owner, lessee or occupant, describing the
property affected and the improvement for repairs required and stating
the intention of the Borough of Montvale to cause such improvement
or repairs to be made within 30 days after service of notice in the
event that such owner, lessee or occupant shall fail to do so.
If, after service of any notice as provided
for in the preceding section, the owner of any lands affected thereby
shall neglect to make improvement directed by such notice, the Mayor
and Council shall cause such improvement to be made, and the cost
of the same shall be assessed against the abutting property owner
as provided for by law.[1]
All sidewalks and curbs hereafter constructed
or repaired shall be provided with a one-fourth-inch open-expansion
joint at least every five feet unless otherwise provided for by ordinance.
Every sidewalk shall, at the curbline, be of
the same grade as that established for the top of the curb, except
that where any driveway may cross the same it shall be the same grade
as the top of the lowered driveway curb. From the property line the
paved and unpaved portions shall have a uniform slope of at least
1/4 inch and not more than 1/2 inch per foot toward the established
curbline and grade, except that where a driveway crosses the sidewalk
the surface may slope from the top of the lowered driveway curb to
meet the normal prescribed sidewalk grade at the adjacent edge of
the required sidewalk pavement strip. In all cases, the sidewalk must
be paved to meet adjoining walks to present a continuous smooth surface
free from abrupt rises or depressions.
The permissible unpaved portions of the sidewalk
of any public street or highway in the Borough of Montvale shall be
properly graded and neatly and sufficiently covered and maintained
with gravel, broken stone, screenings, grass or soddings, as ordered
by the Borough Engineer.
The materials used, and the work of constructing,
placing and replacing, setting and resetting, altering or repairing
any sidewalk, curb or gutter of any public street or highway in the
Borough of Montvale shall be under the supervision of the Borough
Engineer and in accordance with specifications as adopted by the Mayor
and Council of the Borough of Montvale and placed on file with the
Borough Clerk.
Where any driveway crosses the sidewalk, it
shall be paved with a smooth pavement to join and be continuous with
the abutting sidewalk pavements.
It shall be unlawful for any person to paint,
stencil, color, mark or deface the pavement, sidewalk or curb of any
public street or highway in the Borough of Montvale; provided, however,
this section shall not apply to the painting of curb and sidewalk
under the direction of the Chief of Police of the Borough of Montvale
in the regulation of the parking of motor vehicles.
No person shall cross over or upon the curb
or paved sidewalk of any street in the Borough of Montvale with any
horse, cart, wagon, truck or other vehicle, except at driveways, without
the permission of the owner or occupant of the building or lot in
front of which such curb or sidewalk is situated and the written permission
of the Borough Clerk.
[Amended 11-12-2002 by Ord. No. 2002-1185]
No permit required by the preceding section
shall be granted until and unless there has been deposited with the
Construction Official a fee of $25.
No person, firm or corporation owning, leasing
or occupying any house or other building, or vacant lot fronting on
any street or highway in the Borough of Montvale shall park or permit
to be parked any automobile or other vehicle in or on any sidewalk,
driveway or entrance to said house or other building or vacant lot,
known as the "sidewalk area" or "space reserved for pedestrians,"
lying between the curbline of a street or highway and the property
line abutting the street or highway.
[Amended 11-12-2002 by Ord. No. 2002-1185]
No person shall break up or displace in any
way any of the paved streets, sidewalks, curbs or gutters of the Borough
of Montvale, make any excavation or disturb any public property in
any of the streets or other public grounds of the Borough of Montvale
for the purpose of constructing, laying, repairing or removing any
underground conduit, pipe, drain, wire, storage tank, sidewalk, cellar-entrance
areaway or other surface and the necessary appurtenances thereto without
the written permission of the Construction Official or his duly authorized
representative. Whenever any pavement, sidewalk, curb, gutter, street
surface or public property is broken up or displaced, it shall be
restored to its proper condition as soon thereafter as is practicable
by the person having broken up or displaced the same. Such restoration
shall be performed under the direction and subject to the approval
of the Borough Engineer.
A.
Except as hereinafter
provided, no such permission shall be granted until and unless there
shall be deposited with the Construction Official of the Borough of
Montvale the sum of $50.
B.
Whenever application
for such permit is made by any department, bureau or board of the
Borough of Montvale, county or state or by any gas, electric, telegraph,
railway company or other public utility, the Construction Official
may, in his discretion, issue such permit without the payment or deposit
required by the provisions of the preceding subsection but shall,
after the restoration of the sidewalk, curb, gutter, pavement, street
surface or other public property, collect from such department, bureau,
board or company the cost to the Borough of Montvale of such restoration
and inspection thereof.
[Amended 11-12-2002 by Ord. No. 2002-1185; at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]
All ordinances or parts of ordinances inconsistent
with this article are hereby repealed, and this article shall take
effect immediately upon publication as provided by law.
