A. Street width, construction, alteration and improvements.
[Added 8-9-1990]
(1) The total width of streets (rights-of-way) in Wenonah shall be measured
from property line to property line and shall not be less than the
following:
(a)
Arterial streets: total width, 80 feet; vehicular area (traveled
way), 50 feet; sidewalk area (pedestrian way), 30 feet.
(b)
All other streets: total width, 66 feet; vehicular area (traveled
way), 36 feet; sidewalk area (pedestrian way), 30 feet.
(2) The laying out, opening or establishing of a new street, alley or
other public highway or portion thereof, the widening, straightening,
extension, alteration or changing in any manner of the location of
a street, alley or other public highway or portion thereof, the grading
or alteration of the grade of a street, alley or other public highway
or portion thereof, the paving, repaving or otherwise improving or
reimproving of a street, alley or other public highway, or portion
thereof, the curbing or recurbing, guttering or reguttering of a sidewalk
in, upon or along a street, alley or other public highway, or portion
thereof, may be undertaken by the Borough of Wenonah as a local improvement,
and the cost of such local improvement may be assessed upon land in
the vicinity thereof in accordance with N.J.S.A. 40:56-1 to end and acts amendatory thereof and supplemental thereto.
[Amended 12-27-1984]
B. Streets shall be fully constructed in accordance with the requirements
of Article VI, Section 601 of the Land Use Ordinance of the Borough
of Wenonah adopted December 11, 1997, and any amendments thereto before
their acceptance as Borough streets. The governing body of the Borough
of Wenonah may, by resolution, establish such additional requirements
as may be deemed appropriate for any specific situation.
[Amended 12-27-1984; 4-24-2003 by Ord. No. O-03-5]
C. On all existing and previously accepted streets, the sidewalk area
shall be brought to grade at the time of installation of any new curb
or sidewalk or when any present curb or sidewalk is repaired or replaced
to an extent of 10% of the length thereof on any one side of any one
property, or upon the construction of any structure or improvement
of any one property.
[Added 11-8-1962; amended 12-27-1984; 4-24-2003 by Ord. No. O-03-5]
D. Where the title to two or more contiguous lots, as shown on the Borough
Tax Map or any other filed plan or map, is in the same owner, the
word "property" shall include any one of such delineated lots.
[Added 11-8-1962]
E. Except as otherwise set forth herein, curbs and sidewalks shall be
constructed by a property owner in all instances where a building
permit is required for the construction of a principal building, and
the proposed principal building or structures adjoin public roadways.
[Added 12-27-1984; amended 3-12-2009 by Ord. No. 2009-3]
F. The Borough Council, upon application by a property owner or his/her
authorized representative, may waive the requirement to install curbs
and/or sidewalks and permit a payment-in-lieu of the estimated costs
thereof after consideration of the following:
[Added 12-27-1984; amended 3-12-2009 by Ord. No. O-2009-3]
(1) The existence of curbs and/or sidewalks in front of other properties
on the street or streets on which the subject property adjoins;
(2) The existence of curbs and/or sidewalks along streets in the immediate
vicinity of the subject street;
(3) The character and nature of the community for the ability to connect
curbs and sidewalks on the subject property to curbs and sidewalks
on the remaining portion of the street;
(4) The effect that the installation of curbing or sidewalk will have
on the stormwater drainage on the subject street;
(5) The plans of the Borough to construct or reconstruct the road immediately
adjacent to the required curb and sidewalk;
(6) The existence of vacant land on the subject street and the likelihood
that such vacant land will be developed in the future;
(7) The existence of the lot frontage on two or more streets with one
or more of the streets being unimproved and its improvement not contemplated
by the Borough;
(8) Whether the width of the right-of-way is sufficient to contain curbs/sidewalks;
(9) Whether construction of curb or sidewalk 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
and thus requiring extraordinary construction;
(10) The existence of any environmental condition such as freshwater wetlands
or wetlands buffer areas or other environmental conditions that may
be impacted by curb or sidewalk construction;
(11) The recommendations of the Borough Engineer who shall consider and
evaluate the above items;
(12) Any other special condition, circumstance or matter not otherwise
enumerated above but which may render the installation of curb or
sidewalk to be adverse to the public interest, safety or welfare.
G. Where no sidewalks have been constructed, the clear zone of the sidewalk area, as defined in §
56-3B, shall be maintained with a downward slope of 1/4 inch per foot toward the curb, shall be grassed and, except for those items specifically exempted in §
56-3C, shall be free of all obstructions.
[Added 12-27-1984; amended 8-9-1990]
H. Upon the failure of the owner or owners of lands fronting or bordering
on any borough streets to construct, pave, repave, curb, recurb, improve
and/or repair the sidewalks, curbs and driveway approaches, or upon
the failure of the owner or owners of lands fronting or bordering
on any borough streets to properly grade and maintain any sidewalk
area where no sidewalk is constructed within 30 days after the service
of notice pursuant to the provisions of N.J.S.A. 40:56-1 to end and
40:65-1 to end, said improvements shall be done by the Borough of Wenonah
or under its direction pursuant to the statutes aforesaid and the
cost assessed against the lands affected.
[Added 12-27-1984]
I. No building or other structure shall be permitted on a property which does not abut a constructed and approved street unless appropriate relief has been granted under Article
IV, Subdivision and Site Plan Review, of the Land Use Ordinance of the Borough of Wenonah, or under Article VII, Zoning Regulations of the Land Use Ordinance of the Borough of Wenonah.
[Added 12-27-1984; Amended 4-24-2003 by Ord. No. O-03-5]
J. Procedure to request waiver and payment-in-lieu. Applications for
a waiver and payment-in-lieu of installation of curb or sidewalk shall
be submitted to the Borough Council in the form of a written request
and payment of a review fee of $200, such fee reasonably estimated
to defray the administrative and engineering costs of a review. A
property survey, plan or sketch plat shall accompany the written request
and such further information as the applicant may wish to be considered
in accordance with standards otherwise set forth within this chapter.
After submission of applicant's request, the Borough Engineer shall
review the application and report his/her recommendations to the Borough
Council. If a request is recommended for approval by the Borough Engineer,
he/she shall prepare an estimate of the anticipated costs of installation
of curb and/or sidewalk, which sum shall be utilized in establishing
a payment-in-lieu by the applicant as otherwise set forth within this
chapter. Nothing within this subparagraph, section or chapter of the
Borough Code shall be construed to waive, prohibit or impede the right
of the Borough to install curbs and/or sidewalks adjoining or within
roadway rights-of-way and thereafter assess property owners by special
assessment as otherwise provided by law. All requests for curb and/or
sidewalk waivers shall be signed or authorized by the owners of the
affected property.
K. Payments-in-lieu of constructing curb or sidewalk. In those instances
when an application for waiver of construction of curb and/or sidewalk
is approved by the Borough Council in accordance with the standards
and procedures within this chapter, it shall be a condition of such
waiver that the property owner make a payment-in-lieu to the Borough
in a sum equal to the reasonable estimate of the construction costs
that would have been incurred for such construction including costs
of grading and other costs in preparation of the site within which
sidewalks or curbs would be installed. No certificate of occupancy
shall be issued until such payment-in-lieu is made and, if a certificate
of occupancy or a temporary certificate of occupancy has been issued,
such certificate of occupancy may be subject to revocation if such
payment-in-lieu shall not be made.
All payments-in-lieu made shall be deposited in a "dedication
by rider" fund established by the Borough for the sole and exclusive
purpose to defray the Borough's cost of installation of curb or sidewalk
at any location within the Borough where the Borough deems such construction
to be in the interests of the public health, safety or welfare.
[Added 3-12-2009 by Ord.
No. O-2009-3]
[Amended 4-24-2003 by Ord. No. O-03-5]
Any new curb or sidewalk constructed after the passage of this
ordinance, or any present curb or sidewalk repaired to an extent of
10% of the length thereof on any one property, shall conform to the
specifications as hereinafter provided.
[Amended 4-24-2003 by Ord. No. O-03-5]
A. The "sidewalk area" (pedestrianway) is hereby defined as that area lying between the property line and the curbline. If a sidewalk is required (see §
56-1E and
F), the paved portion of the sidewalk area shall be four feet in width. The distance from the outside face of the curb to the center line of the paved portion of the sidewalk area shall be 10 feet.
[Amended 11-8-1962; 8-9-1990]
B. The "clear zone" of the sidewalk area is hereby defined as that area
lying between the curbline and the paved portion of the sidewalk area.
Where no paved portion exists, the "clear zone" is further defined
as a distance of 12 feet measured perpendicular from the curbline
toward the property line.
[Amended 11-8-1962; 8-9-1990]
C. In order to promote the aesthetic qualities of the Borough of Wenonah
and to protect public safety, the full width of the clear zone of
the sidewalk area shall be and remain unobstructed. Obstructions include,
but are not limited to, the following: signs, fences, vegetation (other
than grass), ornamental landscaping, yard decorations, rocks, hardscape
and/or other masonry improvements, etc. Specifically exempted from
the requirements of this ordinance are:
[Amended 11-8-1962; 8-9-1990; 9-27-2012 by Ord. No. 2012-10]
(1) The activities of the Shade Tree Commission of the Borough of Wenonah.
(2) Installation of mailboxes where required and authorized by the United
States Postal Department.
(3) Work performed by utility and cable television companies or their
agents authorized to do business in the Borough of Wenonah.
(4) Work performed by the Streets and Utilities Departments of the Borough
of Wenonah.
(5) Traffic control and directional signs and other signs authorized
by Mayor and Council or other governmental agency having jurisdiction.
(6) Historical artifacts such as hitching posts confirmed as to authenticity
by the Wenonah Historical Society or such successor organization as
may be created and authorized by Mayor and Council. Authorization
for exception hereunder by Mayor and Council may be granted only after
it is determined that such authorization does not violate the intent
of this section of the ordinance.
(7) Benches placed by the borough for the benefit of the general public
and ramps or other facilities provided by the Borough for the handicapped.
(8) Grass. Not exceeding six inches in height.
D. In the event any emergency or maintenance work is required within
the clear zone by any State, county or local agency, or any public
utility, such public agency or utility is not required to restore
or replace any improvements installed by the owner within the clear
zone.
[Added 9-27-2012 by Ord.
No. 2012-10]
[Amended 4-24-2003 by Ord. No. O-03-5]
It shall be unlawful to grade, pave, install or repair any sidewalk,
curb or driveway without first filing a written application with the
Borough Code Official or Borough Engineer and obtaining a permit therefor.
[Amended 4-24-2003 by Ord. No. O-03-5]
The application for the permit shall contain a general description
of the proposed work, its location, the use and occupancy of the adjacent
premises and such additional information as may be required by the
Borough Code Official or Borough Engineer, including drawings or sketches.
[Amended 4-24-2003 by Ord. No. O-03-5]
If the application and the proposed work conform to the requirements
of this Chapter and all other laws and ordinances applicable thereto,
then a permit shall be issued as soon as practicable. Any permit issued
shall become invalid if the authorized work is not started or is suspended
after starting for a period of three months. A copy of said permit
shall be kept at the work site at all times during the permitted construction
or repair and shall be made available upon the request of any duly
authorized Borough Inspector.
[Added 4-24-2003 by Ord.
No. O-03-5]
Any new sidewalk constructed after the passage of this chapter,
or any present sidewalk repaired to an extent of 10% of the length
thereof on any one property, shall conform to the following specifications:
A. Width of paved portion. The paved portion of any sidewalk, provided
that the width of the street permits, shall be not less than four
feet in width.
B. Obstructing. The full width of any sidewalk from fence line to curbline
shall remain unobstructed unless special privilege is secured from
the Borough Council and/or the Shade Tree Commission.
C. Grading. The grade of the sidewalks, regardless of the material of
construction, shall have a uniform pitch of 1/4 of an inch to the
foot toward the curbline or street, except where the physical conditions
alter the situation, and in such case, modifications must first be
approved by the Borough Code Official or Borough Engineer.
D. Materials for paved portion. The materials for the paved portion
of sidewalks may be concrete, flagstone, bricks/pavers, provided that
the alignment, grade, construction and ingredients correspond to the
provisions of this section. In all cases where the subgrade shall
be of a clay or spongy nature, there shall be an additional excavation
to a depth of four inches below the base of the improved pavement
and the space shall be filled and well tamped with sand or cinders.
E. Concrete sidewalks.
(1) Concrete sidewalks shall be at least four inches in thickness, composed
of what is known as the one-course one-to-two-mix, namely, one equal
part by volume of cement, to equal parts by volume of good clean sand,
to four equal parts by volume of crushed rock, pebbles or slag; theses
ingredients shall be well mixed in a dry condition and then sufficient
water added to obtain the desired consistency and the mixing continued
until the materials are uniformly distributed and the mass homogeneous
and uniform in color. The concrete shall be of such consistency that
when placed in the forms and tamped, there will be no voids when the
forms are removed. All concrete shall be class C concrete, as defined
in the New Jersey State Highway Department Standard Specifications
for Road and Bridge Construction 1961, and any amendments thereto.
(2) The concrete shall be placed in the forms for the full thickness
of the pavement in the one-course type and finished with a steel trowel.
No topping or plastering will be permitted.
(3) Expansion joints at least 1/4 inch in width shall be cut through
the full thickness of the pavement every four to six feet. About every
30 feet a one-half-inch tar filler shall be placed.
(4) All sidewalks shall be graded to provide adequate drainage of rainwater
toward the curbline or street.
F. Flagstone/slate sidewalks. Each flagstone/slate shall be at least
two inches thick and contain not less than eight square feet, and
such stones shall be laid on a foundation of cinders, sand or crushed
stone not less than five inches deep. Stones/slate shall be cut straight
so that they fit properly against each other and shall be so laid
as to preserve a straight line along the edges. All stone/slate shall
be placed in a rich mixture of grout in order that they may hold their
alignment and grade.
G. Brick/paver sidewalks. The earth shall be leveled at least five inches
below the finished grade of the bricks/pavers and shall be well settled
by ramming. A foundation shall be laid of concrete 2 1/2 inches
thick, composed of one part cement, three parts clean sand and five
parts of broken stone, pebbles or slag (by volume), and brought to
a good, even grade. After this has set one-half inch of sand shall
then be laid over the surface. The bricks/pavers, not less than two
inches thick of good, hard quality, shall be laid upon this foundation,
with all interstices filled in with a good grout mixture. The stratum
of bricks/pavers along each edge of the walk shall be laid on edge
lengthwise or on end, forming a border and preserving a straight line
along both edges of the pavement, and the concrete foundation shall
extend for the full width of the pavement, including the edges.
H. Accepted good practice generally. Workmanship in the preparation
and installation of any and all of the materials referred to in this
section shall conform to generally accepted good practices. Specific
provisions of this section shall not be deemed to suspend any requirements
of good practices, but shall be regarded as supplementing or emphasizing
them and shall be controlling.
I. New practices and techniques. Wherever and whenever any of the specifications
set forth in this section shall become outmoded by modern practices
or techniques, or whenever they shall fall below the standards in
use at the time of any new sidewalk construction or installation,
the modern standards, practices and techniques shall be controlling.
[Added 4-24-2003 by Ord.
No. O-03-5]
Any new curb constructed after the passage of this Article,
or any present curb repaired to an extent of 10% of the length thereof
on any one property, shall conform to the following specifications:
A. Materials and finishing. All curbs, except where granite is specified by the Borough Council or Borough Engineer, shall be constructed of concrete of the one-course type and of the same ingredients and mixture as provided in Section
56-7E. The surface of the concrete shall have the trowel finish. The outer edge of the top of curbs shall be finished with an edging tool having a one-inch radius. Existing curbs shall be maintained in good condition. In the event that tree roots prevent replacement of concrete curb without endangering the tree, asphalt material may be temporarily utilized in a manner and fashion approved by the Borough Code Official or Borough Engineer or his or her designee. This provision shall apply only while the endangered tree continues to exist.
B. Removing forms. Curb forms must be removed soon enough to afford
proper finishing. The face of the curbs shall be finished for at least
12 inches below the top. No topping or plastering will be permitted.
C. Dimensions. The curbs shall be at least six inches in thickness at
the top and seven inches in thickness at the base, giving a one-inch
flare on the face, and shall be at least 16 inches in depth.
D. Expansion joints. Expansion joints at least 1/4 inch in width shall
be cut not over eight feet apart for the full width and depth of the
curbs. About every 30 feet a tar filler one-half inch in thickness
shall be fitted.
E. Removing excess concrete. Excess concrete extending over the thickness
of the curb at the top is to be removed, leaving a straight line along
the inner edge of the curb.
F. Curb corners. All corners shall be rounded with a five-foot radius,
unless otherwise ordered in writing by the Borough Code Official or
Borough Engineer. All corners shall be protected between tangent points
by a steel bar at the upper outer edge thereof (commonly known as
a "nose bar").
G. Accepted good practice generally. Workmanship in the preparation
and installation of any and all of the materials referred to in this
section shall conform to generally accepted good practices. Specific
provisions of such section shall not be deemed to suspend any requirements
of good practices, but shall be regarded as supplementing or emphasizing
them and shall be controlling.
H. New practices and techniques. Wherever and whenever any of the specifications
set forth in this section shall become outmoded by modern practices
or techniques, or whenever they shall fall below the standards in
use at the time of any such new curb construction or installation,
the modern standards, practices and techniques shall be controlling.
[Added 4-24-2003 by Ord.
No. O-03-5]
All driveways shall conform to the following requirements:
A. Each premises served by driveways crossing the sidewalk shall have
no more than two driveways.
B. No driveway shall exceed a width of 24 feet.
C. All subsurface material shall be properly graded and adequately tamped
before the placement of any concrete.
D. All driveways shall be constructed of reinforced concrete with a
minimum thickness of six inches.
E. Concrete used in all driveways shall be so proportioned as to develop
an ultimate compressive strength of 2,500 pounds per square inch at
28 days. The reinforcement shall not be less than six by six 2/2 wire
mesh.
F. If the construction of a new driveway shall necessitate moving of
any fire hydrant, then the fire hydrant shall be relocated at the
expense of the person having the driveway installed. The relocation
of the fire hydrant shall be approved by the Public Works Department
of the Borough of Wenonah.
G. New granite curb, curved two-foot-radii stone, shall be set in line
with the existing curbing on both sides of each new driveway constructed.
[Added 4-24-2003 by Ord.
No. O-03-5]
A. Repairs, alterations, re-laying or maintenance of any sidewalks,
curbs or driveways shall be required whenever the Borough Council,
Borough Code Official or Borough Engineer, upon 20 days' notice to
the owner or occupant of such abutting property and an opportunity
to such abutting owner or occupant to be heard, shall, by resolution
of the Borough Council, determine that such repairs, alterations,
re-laying or maintenance, at the expense of the abutting landowners,
is reasonably necessary for the safety of the public using such sidewalks,
curbs or driveways or for the efficient utilization of the sidewalks,
curbs or driveways for the purpose for which they are constructed.
No sidewalk, or any sidewalk abutting a driveway or curb, shall maintain
an elevation or declivity in excess of one-half inch.
B. Such notice of the proposed adoption of the resolution shall also
specify the work to be done by the owner or occupant shall contain
further notice that in the event that the Borough Council makes such
determination by resolution, the owner or occupant shall be required
to commence the work specified within a period of not less than 20
days from the date of service of such notice.
[Added 4-24-2003 by Ord.
No. O-03-5]
Whenever any such lands are unoccupied and the owner cannot
be found within the Borough, the notice may be mailed, postage prepaid,
to his or her post office address if the same can be ascertained,
but in case the owner is a nonresident or his post office address
cannot be ascertained, then such notice shall be inserted for two
weeks, once a week, in the official newspaper of the Borough.
[Added 4-24-2003 by Ord.
No. O-03-5]
In case the owner or occupant of such lands shall not comply
with the requirements of such notice, it shall thereupon be lawful
for the Borough Public Works Supervisor, as the person in charge of
the Public Works Department of the Borough, upon filing due proof
of the service or publication of the aforesaid notice with the Borough
Clerk, to cause the required work to be done and paid for out of the
municipal funds available for that purpose the cost of such work shall
thereupon be certified by the Borough Clerk to the Borough Tax Collector,
and upon filing the certificate, the amount of the cost of such work
shall be and become a lien upon the abutting lands in front of which
said work was done to the same extent that assessments for local improvements
are liens in the Borough under general law and shall be collected
in the manner provided by law for collection of such other assessments
and shall bear interest at the same rate.
[Added 4-24-2003 by Ord.
No. O-03-5]
In addition to the remedies specified above, the Borough may
have an action to recover the amount against the owner of the lands
in any court having competent jurisdiction thereof, and a certified
copy of the aforesaid certificate shall in such action be prima facie
evidence of the existence of the debt due from the owner to the Borough.
[Added 4-24-2003 by Ord.
No. O-03-5]
All moneys recovered or paid to the Borough under the provisions
of the foregoing sections shall be credited to the account out of
which the cost of such work was paid.
[Added 4-24-2003 by Ord.
No. O-03-5]
Where repairs are necessary to prevent loss or damage to the
streets or property, or in case of any emergency repairs or service
to a utility service, it shall not be necessary to obtain a permit
before commencing such repair, but such permit shall be obtained within
two days thereafter, and this section shall not be held or taken in
any case to exempt the person, partnership, association or corporation
making such repair. In the event that a Borough employee and/or agent
is required to make required repairs, the Borough of Wenonah, and
their employees and/or agents shall not be required to replace and/or
reinstall flagstone, bricks or pavers. The repair and/or replacement
of flagstone, bricks or pavers shall be the responsibility of the
owner or occupant of the property receiving the emergency repairs.
[Added 4-24-2003 by Ord.
No. O-03-5]
No permit for any work covered by this Article shall be issued
until the payment of the fees as provided in the following schedule:
Type of Work
|
Fee
|
---|
Installation of new sidewalks, including replacement
|
$20
|
Installation of new curbs, including replacement
|
$20
|
Installation of new driveway, including replacement
|
$25
|
Repairs to existing sidewalks, driveways or curbs
|
$10
|
In addition to the permit fee, the sum of $0.50 for each linear
foot up to 50 feet and $0.20 for each linear foot over 50 feet shall
be imposed.
[Added 4-24-2003 by Ord.
No. O-03-5]
A. No person shall be charged a permit surcharge fee or enforcing agency
fee for any construction, reconstruction, alteration or improvement
designed and undertaken solely to promote accessibility by disabled
persons to an existing private structure or any of the facilities
contained therein.
B. A disabled person, or a parent or sibling of a disabled person, shall
not be required to pay any municipal fee or charge in order to secure
a permit for any construction, reconstruction, alteration or improvement
which promotes accessibility to his or her own living unit.
C. "Disabled person" means a person who has the total and permanent
inability to engage in any substantial gainful activity by reason
of any medically determinable physical or mental impairment, including
blindness, and shall include, but not be limited to, any resident
of this state who is disabled pursuant to the federal Social Security
Act (42 U.S.C. § 416), or the federal Railroad Retirement
Act of 1974 (45 U.S.C. § 231 et seq.) or is rated as having
a 60% disability or higher pursuant to any federal law administered
by the United States Veteran's Act. For purposes of this subsection,
"blindness" means central visual acuity of 20/200 or less in the better
eye with the use of a corrective lens. An eye which is accompanied
by a limitation in the fields of vision such that the widest diameter
of the visual field subtends an angle no greater than 20° shall
be considered as having a central visual acuity of 20/200 or less.
[Added 4-24-2003 by Ord.
No. O-03-5]
Any person who shall violate any provisions of this chapter,
or who shall fail to comply with any of the requirements thereof,
or who shall install or repair any sidewalk, curb or driveway in violation
of a permit issued under the provisions of this chapter or fail to
comply with a notice from the administrative authority shall, for
each and every violation, be subject to a fine of not less than $100
nor more than $1,000 or to imprisonment in the county jail for a term
not exceeding 90 days, or both, at the discretion of the Municipal
Judge of the Borough of Wenonah.
[Added 4-24-2003 by Ord.
No. O-03-5]
Should any section, clause, sentence, phrase or provision of
this ordinance be declared unconstitutional or invalid by a Court
of competent jurisdiction, such decision shall not affect the remaining
portions of this ordinance.
[Added 4-24-2003 by Ord.
No. O-03-5]
All prior ordinance or parts of ordinances inconsistent with
this ordinance be and the same are hereby repealed to the extent of
such inconsistencies.
[Added 4-24-2003 by Ord.
No. O-03-5]
This ordinance shall take effect immediately upon final passage
and publication in accordance with law.