Editor's Note: Prior ordinance history includes portions
of Ordinance 10/4/65; 013-94, 07-2000.
[Ord. 2011-02]
It shall be unlawful for any person to break up, excavate in
or dig up any street, highway, alley or public place or construct
or remove or cause to be constructed or removed any sidewalk, driveway
apron or curb or any part thereof within or along any public right-of-way
in the Borough of Sussex without first having obtained a permit to
do so from the borough clerk.
[Ord. 2011-02]
Application for a permit under this section shall be made to
the borough administrator by the owner of the premises or his agent
upon forms provided by the borough which shall contain the following
information:
a.
The name and address of the applicant.
b.
The name and address of the person who is to perform the proposed
work and the name and address of the owner of the property on which
the work is to be performed, if other than the applicant.
c.
The location, street number or otherwise, of the premises where the
work is to be done.
d.
The estimated cost of the proposed work.
e.
A line and grade plan showing the proposed work, including its exact
location with respect to a street intersection or some other fixed
and prominent object, as well as its width in relationship to the
grade of the street and the adjacent property and, in the case of
a driveway apron, its slope or pitch.
f.
Any other information that the borough engineer deems necessary in
order to determine whether the work will conform to this section.
[Ord. 2011-02]
A fee of $150 shall be charged for each permit plus related
engineering costs with an escrow to be established at a minimum of
$500 or five percent of the construction costs as determined by the
borough engineer in conformance with N.J.S.A. 40:55D-53.2 of the Municipal
Land Use Law. In addition thereto, the applicant shall pay the cost
of all tests which the borough engineer deems necessary. The fees
shall be paid at the time the application is filed, and the cost of
all proposed tests shall be paid prior to the issuance of any permit.
[Ord. 2011-02]
a.
All materials and work shall be in accordance with the borough's
specifications outlined in this chapter.
b.
Any sidewalk, driveway apron or curb which is removed shall be promptly
replaced in accordance with borough specifications.
c.
No concrete sidewalk shall be replaced or covered with blacktop.
d.
Whenever a curb cut or driveway depression is required, the entire
section or sections of curb shall be removed and replaced. The breaking
and recapping of curbing is specifically prohibited.
[Ord. 2011-02]
a.
No permit shall be issued until the applicant has supplied the borough
with a performance bond or cash escrow in an amount determined to
be sufficient by the borough engineer. The borough engineer may waive
all or part of the requirements of this subsection in the case of
public bodies, quasi-public bodies or utilities.
b.
If a bond is posted, it shall be executed by the applicant as principal
and by a surety company licensed to do business in the State of New
Jersey and shall be conditioned as follows:
1.
To indemnify the borough for any expense incurred in enforcing any
of the provisions of this section.
2.
The bond shall be in such form and amount as required by the borough
engineer and conditioned upon the applicant's restoring the sidewalk,
driveway apron or curb for which the permit is granted in a manner
acceptable to the borough engineer.
c.
Said bond shall remain in effect or the cash escrow shall remain
on deposit with the borough until the work authorized by the permit
has been completed and the work has been approved by the borough engineer
in writing.
[Ord. 2011-02]
This section shall not apply to the initial installation of
sidewalks, driveway aprons or curbs in a major subdivision where the
work is covered by performance guaranties required by the planning
board/zoning board.
[Ord. 2011-02]
a.
Duty of Abutting Landowner. The construction, repair, alteration,
relaying and maintaining of sidewalks and curbs are hereby declared
to be the duty of the abutting landowner. Said construction, repair,
alteration, relaying and maintaining of the sidewalks and curbs shall
be completed in the manner set forth in this section.
b.
Resolution; Notice. Whenever it shall appear to the borough council
on advice of the borough engineer or on its own motion that it is
necessary or advisable in the public interest to construct, repair,
alter or relay a curb or sidewalk, the borough council shall adopt
a resolution directing that a notice be served upon the owner or occupant
of abutting lands specifying the work required to be done and requiring
the abutting owner or occupant of abutting lands specifying the work
required to be done and requiring the abutting landowner or occupant
to accomplish the same within a period not less than 30 days from
the date of service of the notice. In the event that the abutting
lands are unoccupied or the owner cannot be found within the borough,
the notice shall be mailed, certified return receipt, to the owner's
post office address if the same can be ascertained. In the event that
the abutting owner is a nonresident of the borough or his post office
address cannot be ascertained, then the notice may be inserted for
four weeks, once a week, in the borough's official newspaper.
c.
Performance by the Borough. In the event that the owner or occupant
shall fail to comply with the requirements of the notice, the borough,
upon filing proof of service or publication of the aforesaid notice
in the office of the borough administrator/municipal clerk, shall
cause the required work to be done at its expense.
d.
Certification of Cost. Upon performance of the required work by the
borough pursuant to paragraph c of this subsection, the cost of the
work shall be certified to the borough tax collector. Upon the filing
of the certificate, the amount reflected therein shall become a lien
upon the abutting lands to the same extent that assessments for local
improvements are liens and shall be collected of assessments, bearing
interest at a like rate.
e.
Payment on Installments. The resolution adopted pursuant to paragraph
b of this subsection or a subsequent resolution may provide for the
payment of the cost assessed against the abutting owner or occupant
in equal yearly installments not exceeding five, with legal interest,
and at such time annually as shall be fixed, but any person may pay
the whole of any assessment or any balance with only accrued interest
at one time. If any such installment shall remain unpaid for 30 days,
the whole assessment shall become due immediately. Whenever any owner
or occupant shall be given the privilege of paying any assessment
in installments, such installments shall remain a lien upon the land
described therein until the same with all installments and accrued
interest thereon shall be paid.
f.
Action at Law. In addition to any other remedy herein set forth,
the borough may proceed against the owner in an action at law to recover
the cost of the work.
g.
Borough Engineer. All work performed under the terms of this section
shall be under the supervision and direction of the borough engineer
and subject to his approval.
[Ord. 2011-02]
All owners of land on which there is to be new construction
of a building, be it private, business or commercial, fronting or
abutting upon any public street (with the exception of Main Street)
in the Borough of Sussex shall install and maintain sidewalks and
curbs at his, her, their or its proper expense, in the following manner:
a.
All sidewalks shall be constructed, laid and maintained at a width
of four feet.
b.
All sidewalks shall be at least four inches thick.
c.
All sidewalks shall be constructed with Class B concrete in accordance
with current N.J.D.O.T. construction details and specifications. Expansion
joints shall be provided every ten feet and construction joints every
five feet. Surfaces shall be brushed transversely to a neat finish
with all edges neat and clean. A 4-inch thick layer of three-fourths
inch clean crushed stone shall be placed under the new sidewalk. Concrete
sidewalks within driveways and driveway aprons shall be six inches
thick with 6" x 6" — 10/10 welded wire fabric.
d.
All sidewalks shall be curbed or recurbed with curbs of concrete
18 inches deep, which shall be eight inches wide at the top and nine
inches wide at the base, and all curbs shall be constructed with Class
B concrete in accordance with current N.J.D.O.T. construction details
and specifications. The exposed corners shall be rounded with a three-fourths
inch radius. Curbs shall be poured separately from abutting sidewalks
with an expansion joint between the curb and sidewalk. Curbs shall
be constructed in sections having uniform lengths of ten feet. Construction
joints shall be placed not further than ten feet on center. Curbs
shall be finished with a fine hair brush to a smooth and even finish.
e.
Requirements for sidewalks on lands abutting Main Street:
1.
Brick paver sidewalks shall be installed where required and shall
be set at a 90 degree herringbone pattern. The brick pavers shall
be red in color to match existing pavers along portions of Main Street.
The size shall be 3 3/4" x 7 1/2" x 2".
2.
Pavers shall meet the requirements set forth in ASTM C 936, Standard
Specifications for Interlocking Concrete Paving Units or requirements
set forth in CSA-A231.2-95, Precast Concrete Pavers.
3.
Pigment in concrete pavers shall conform to ASTM C 979.
4.
Concrete pavers shall be set in a sand base. The type of sand used
for bedding is often called concrete sand.
5.
Bedding and joint sand shall be clean, non-plastic, free from deleterious
or foreign matter. The sand shall be natural or manufactured from
crushed rock.
6.
A sample paver block shall be supplied to the engineer's office
for inspection and approval prior to installation.
[Ord. 2011-02]
All construction, repair, alteration and relaying of sidewalks
and curbs shall conform as nearly as practicable to the grade already
established by the borough or established by the borough engineer.
[Ord. 2011-02]
Nothing herein shall be construed to affect any existing sidewalk
or curb now in good repair and constructed at the grade and slope
established by the borough council of the Borough of Sussex, except
as to repairs thereto which shall be made as they may become necessary
from time to time.
[Ord. 2011-02]
No street or road which has heretofore or which may hereinafter
be dedicated to public use, and which is not an accepted street, shall
hereafter be opened or improved unless a permit has been obtained
from the council of the Borough of Sussex authorizing such opening,
construction or improvement.
[Ord. 2011-02]
Before any such street or road is opened, constructed or improved,
the owner or developer shall make application, in writing, for a permit,
which permit shall specify the nature and location of the proposed
road, opening or improvement to be made and, if the street or road
is to be improved, shall satisfy the mayor and council of previous
subdivision approval in the location of the proposed improvement.
In addition, the owner or developer shall file with the mayor and
council six copies of a set of construction plans, drawn by a professional
engineer licensed to practice in the State of New Jersey. The plans
shall show the alignment of the street or streets, centerline profiles
of existing ground and proposed finished grades, bench marks, monuments
to be set when the streets are graded, the proposed location of pavement,
storm drains, manholes, inlets, curbs at street intersections and
at inlets and an itemized list on the plans of each item to be constructed.
Such application shall be accompanied by a surety bond to the Borough
of Sussex in the form and amount and with surety satisfactory to the
Borough, conditioned for the performance of the owner or developer
in accordance with the requirements of this section. No permit shall
be granted for any street which has been repaved or resurfaced within
the last five years except in case of emergency or the showing of
exceptional circumstances. A permit granted under an emergency or
exceptional circumstances shall have additional conditions imposed
by the borough engineer to restore a substantial section of the road
to preserve the functional and aesthetic value of the recent repaving
or resurfacing.
[Ord. 2011-02]
A fee of $150 shall be charged for each permit plus related
engineering costs with an escrow to be established at a minimum of
$500 or five percent of the construction costs as determined by the
borough engineer in conformance with N.J.S.A. 40:55D-53.2 of the Municipal
Land Use Law. In addition thereto, the applicant shall pay the cost
of all tests which the borough engineer deems necessary. The fees
shall be paid at the time the application is filed, and the cost of
all proposed tests shall be paid prior to the issuance of any permit.
[Ord. 2011-02]
No street, avenue or road in the Borough of Sussex shall hereafter
be accepted as a public street or road until the same shall have been
improved in accordance with the requirements herein.
[Ord. 2011-02]
All such streets shall have a minimum right-of-way width of
50 feet, a minimum pavement width of 36 feet and a minimum sidewalk
on each side of the right-of-way of four feet in width, in accordance
with the specifications and requirements herein contained.
[Ord. 2011-02]
The owner or developer shall grade and pave the street in the
following manner:
a.
The grading shall be for an area measured the required width at right
angles from the center line of the street, plus the additional grading
required for sidewalks and slopes and in accordance with the typical
section on file with the borough clerk and made a part of this section.
b.
The roadway shall be paved with the following materials:
1.
The base shall be six-inch thick, consisting of dense graded aggregate
material.
2.
A five-inch layer of Hot Mix Asphalt 19 M64 Base Course shall be
placed on the base.
3.
On top of the pavement Base Course shall be placed a two-inch-thick
layer of Hot Mix Asphalt 12.5 M64 Surface Course.
4.
All material and installation shall be in accordance with the current
specifications of the New Jersey State Highway Department.
c.
At street intersections the roadway shall be paved the full width
within the area of the limits of curb returns.
d.
Sidewalks. Each street shall have a concrete sidewalk on one or both
sides, being four feet wide, four inches thick and placed one foot
from the property line. The specifications for construction must be
approved by the borough engineer.
e.
Streetlighting. Appropriate streetlights shall be installed where
designated by the Borough Engineer.
f.
Topsoil Protection. No topsoil shall be removed from the site or
be used as spoil. Topsoil during the course of construction shall
be redistributed and shall be stabilized by seeding or planting.
g.
Concrete curbs shall be constructed along the edge of all paved areas
in accordance with the specifications of the New Jersey State Highway
Department, except in those specific instances where such requirements
are expressly waived by the mayor and council.
h.
The crown of the roadway and the dimensions of the curb shall be
as shown on the typical section and details on file with the borough
clerk.
i.
The location of utilities shall be as shown on the typical section
on file with the borough clerk.
j.
The size, quantity and location of all storm drains shall be approved
by the borough engineer and shown on the profile plat to be submitted.
k.
Inlets, catch basins, headwalls, storm pipes and all other materials
and installations, unless otherwise specified herein, shall comply
with the requirements set forth in the then-current New Jersey State
Highway Department specifications.
[Ord. 2011-02]
Easements of a width sufficient to allow proper maintenance
shall be provided for the outletting of all drains, pipe lines or
conduits to streams, existing storm drains or other legal drainage
courses. Said easements shall be dedicated to the Borough by approved
legal procedures.
[Ord. 2011-02]
Permanent street signs shall be erected at all street intersections
in accordance with the approved specifications on file in the office
of the borough clerk at the municipal building.
[Ord. 2011-02]
All construction work shall be subject to the inspection of
the borough engineer and to such inspections as the mayor and council
may appoint for the purpose. The developer shall be required to provide
and maintain an escrow account with the Borough of Sussex such amounts
as the Borough may expend for inspection fees at prevailing rates
on a per diem basis. Any and all materials found to be unsatisfactory
or showing faults when tested by a reputable engineering laboratory
to be designated by the mayor and council shall be removed and not
used in such construction.
[Ord. 2011-02]
The requirements hereof shall be considered as minimum requirements
for street improvements in the Borough of Sussex.
[Ord. 2011-02]
Upon completion of work pursuant to a permit under this chapter,
the permittee shall immediately notify the borough clerk and borough
engineer and thereupon subject to the inspection of and compliance
with the standards established by the borough engineer the permittee
shall fill in the opening and restore the site to its proper condition
forthwith and as soon thereafter as it is practicable. The permittee
shall be responsible for all of the costs incurred in the performance
of same. If, however, for any reason the permittee fails to restore
the site to its proper condition as soon after the completion of work
as is practicable and if the permittee fails to do so within ten days
from the completion of the site, the borough shall then have the right
to restore the site to its proper condition and the borough clerk
shall cause a final bill to the permittee to be prepared setting forth
the costs of materials, equipment and labor as well as supervision
and inspection required in the restoration of the site.
The borough clerk shall deduct the deposit and refund the balance
remaining, if any. When no deposit was taken or if the deposit fails
to discharge the final bill in full, the borough clerk shall prepare
and forward a bill therefor to the permittee and collect the full
amount owing to the borough thereunder.
[Ord. 2011-02]
Upon violation of any of the provisions of this chapter or of
any of the terms stated on the permit, or unreasonable delay in commencing
and completing the work, any permit issued hereunder may be suspended
or revoked. No rebate shall be made of the permit fee, as the result
of revocation. Any person violating this chapter shall be subject
to a fine of up to $1,000.
