[Adopted 10-14-1971 by Ord. No.
5-71 as Ch. 25, Art. VI, of the 1971 Code of Ordinances; amended in its entirety 6-10-2021 by Ord. No. 18-21]
Pursuant to N.J.S.A. 40:65-14, the purpose of this article is
to set forth standards and requirements for the construction, reconstruction,
replacement, repair, alteration and maintenance of sidewalks and curbs
within the Borough of Rockaway.
A.
No person shall undertake any construction, reconstruction, replacement,
repair, alteration or maintenance of a public curb or sidewalk, or
any portion thereof, in the Borough without a proper permit.
B.
No person shall negligently or willfully break, damage, injure or
destroy any curb or sidewalk within the Borough.
A.
It shall be the duty and responsibility of the owner of any land
abutting a public sidewalk or curb in the Borough to construct, reconstruct,
replace, repair and maintain any curbs and sidewalks or any portions
thereof abutting the land of the property owner at the sole cost and
expense of such owner. When replacing existing curbs or sidewalks,
materials that are of like quality and finish must be utilized unless
expressly agreed to by the Borough Engineer.
[Amended 11-10-2022 by Ord. No. 24-22]
B.
Sidewalks, and adjacent curbing, adjacent to or abutting residential
properties within the Borough shall conform to the specifications
in Residential Site Improvement Standards (N.J.A.C. 5:21-4.3; 5:21-4.5;
5:21-4.17 and 5:21-4.18 and Title 5, Chapter 21, of the New Jersey
Administrative Code, as amended and supplemented).
C.
Sidewalks, and adjacent curbing, adjacent to or abutting nonresidential
properties shall be constructed, reconstructed, replaced, maintained
and repaired in a manner which meets the requirements of Sections
606 and 607 of the New Jersey Department of Transportation Standard
Specifications for Road and Bridge Construction, as amended and supplemented,
and the concrete shall be Class B air-entranced and shall conform
to the requirements of Section 903 of the NJDOT Standard Specifications,
unless otherwise directed by the Borough Engineer.
D.
All sidewalks, curbing and other related improvements and appurtenances,
including driveway aprons, ramps, crosswalks, drainage structures
or facilities, gutters, sewers, signs, markings, graded areas, pavement,
streets and roads, must be in strict accordance with the Americans
with Disabilities Act, the Barrier Free Subcode of the New Jersey
Uniform Construction Code and all other applicable federal, state,
local or Borough design or construction standards. Any and all such
work and materials furnished shall be subject to review and approval
by the Borough Engineer.
E.
If any portion of the sidewalk or curb abutting or adjacent to the
property for which a permit application is made is located on or along
a county road or street under the control of the county, the property
owner shall be required to seek and obtain approval from the county
and comply with any and all county rules and regulations prior to
applying for any concurrent or additional permit from the Borough.
Upon completion of sidewalk or curb construction, reconstruction,
replacement, repair or maintenance, all equipment, unused materials
and refuse shall be removed from the site of the work, and all public
and private properties, appurtenances, signs, markings, ramps and
related improvements damaged, disturbed or altered during the course
of construction shall be replaced or repaired in accordance with all
applicable federal, state, local and Borough standards. The site shall
be put as nearly as possible into conditions corresponding to that
which existed prior to construction, all to the satisfaction of the
Borough Engineer or his authorized representative.
A.
The owner of property adjacent to or abutting a public sidewalk within the Borough shall be responsible for the construction, reconstruction, replacement and proper maintenance and repair for sidewalks and curbs to the appropriate minimum standards set forth in § 217-53 in connection with:
(1)
The construction, repair or replacement of sidewalks, curbing, ramps,
crosswalks, drainage structures or facilities, gutters, sewers, signs,
markings, graded areas, pavement, streets, roads and other improvements
or appurtenances damaged, altered or removed by a property owner,
tenant, occupant or contractor during work done at his/her property;
(2)
The repair or replacement of sidewalks and curbing damaged by privately
owned tree roots or landscaping;
(3)
The repair or replacement of sidewalks, curbing, ramps, crosswalks,
drainage structures or facilities, gutters, sewers, signs, markings,
graded areas, pavement, streets, roads and other improvements or appurtenances
damaged by heavy vehicle traffic to and from said property;
(4)
The repair or replacement of sidewalks, curbing and other improvements
or appurtenances damaged by drainage from private property;
(5)
The construction of new sidewalks by the abutting or adjoining property
owner on his or her own initiative where a sidewalk does not currently
exist;
(6)
The construction, reconstruction, replacement or repair of sidewalks
where the construction of a new one- or two-family dwelling is proposed
on the abutting or adjacent property;
(7)
The construction, reconstruction, replacement or repair of a driveway
or driveway apron to the abutting or adjoining property; and
(8)
The construction, reconstruction, replacement, repair, maintenance
or alteration of any curbs and sidewalks, or portions thereof, the
Borough may determine to be in need or repair or replacement and for
which written notice shall be served to the abutting or adjacent property
owner by the Borough directing the necessary specified work to be
undertaken within the time specified in the notice.
A.
No person shall undertake or perform any construction, reconstruction, replacement, repair or maintenance on any public sidewalk or curb, or portion thereof, within the Borough pursuant to this article, whether on their own volition or as required by the Borough, without first submitting an application to the Borough Clerk for a street opening permit on the forms provided by the Borough and issuance of a permit by the Borough in accordance with Article III of this chapter. Said construction, reconstruction, replacement, alteration, repair or maintenance shall be performed in conformance to the standards for sidewalk and curb construction as provided in this article and the other relevant provisions of the Revised General Ordinances of the Borough of Rockaway.
B.
Every such application shall be accompanied by a fee in the amount provided in Chapter A263, Fees, of the Borough Code for the processing of the application and issuance of the street opening permit and, further, for the inspection of the completed repairs.
C.
All permit applications shall include a statement by the applicant
describing the work to be performed and the plan and details for the
work and materials. The Borough or the Borough Engineer, as appropriate,
shall determine if the application and proposed plan are acceptable,
complete and in accordance with the requisite standards and shall
indicate their approval or disapproval of the same, and return the
application for the permit to the Borough Clerk. The Borough or the
Borough Engineer may, in their discretion, waive or relax certain
requirements in connection with the street opening permit as may be
appropriate under the circumstances.
D.
If the application for a permit is denied, the applicant may appeal
said denial in writing to the Borough Administrator.
E.
Once a street opening permit has issued, the permit holder may commence
the construction, reconstruction, replacement, alteration, maintenance
or repair as authorized by the permit at the sole cost and expense
of the owner. Upon completion, the Borough or the Borough Engineer
shall inspect the work and materials to verify compliance with the
requisite specifications and standards. The requirements and obligations
imposed pursuant to this article, the terms and conditions of the
street opening permit and the Revised General Ordinances of the Borough
of Rockaway shall not be deemed to have been satisfied until final
approval is obtained from the Borough or the Borough Engineer.
A.
Whenever an abutting or adjacent property owner fails to construct,
reconstruct, replace, repair or maintain any curb or sidewalk abutting
said property pursuant to this article, the Borough may, by resolution,
cause written notice to be served upon the owner or occupant of said
lands requiring the necessary specified work to said curb or sidewalk
to be done by said owner or occupant within a period of not less than
30 days from the date of service of such notice. Whenever such lands
are unoccupied and the owner cannot be found within the Borough, or
in such case as the owner is a nonresident of the Borough or his or
her post address cannot be ascertained, then notice may be given as
provided by N.J.S.A. 40:65-14.
B.
If the owner or occupant does not comply with the requirements of such notice as described in Subsection A of this section, then the Borough Engineer, Public Works Department or such other person as may be designated by the Borough may, upon filing due proof of service or publication of the aforesaid notice with the Borough Clerk, cause the required work to be done, and paid for out of the Borough funds available for that purpose, at the owner's expense.
C.
The cost of such work shall be certified by the Borough Engineer,
the Public Works Department, or such other person having charge thereof,
to the Tax Collector of the Borough. Upon the filing of the certificate,
the amount of the cost of such work shall be and become a lien upon
the abutting lands in front of which such work was done to the same
extent that assessments for local improvements are liens in the Borough,
and shall be collected in the manner provided by law for the collection
of such other assessments, and shall bear interest at the same rate.
D.
In addition thereto, the Borough may have an action to recover the
same amount against the owner of the lands in any court having competent
jurisdiction thereof.
E.
The imposition and collection of a fine imposed for a violation of
this article shall be in addition to any other financial, legal or
other recourse or remedy as may otherwise be available pursuant to
Borough ordinance or by law, and shall not in any way be construed
to bar or limit any right of the Borough to collect the cost for construction,
reconstruction, replacement, repair or maintenance of any sidewalk,
curb or other related improvements or appurtenances in the manner
herein authorized.
A.
On a periodic basis, the Borough or the Borough Engineer will cause
the inspection of public sidewalks and curbs adjacent to or abutting
residential and nonresidential properties. The extent and location
of any irregularities or defects on any such sidewalks shall be noted
and made part of the Borough's inventory of all such sidewalks.
B.
Any person may notify the Borough of any alleged irregularity or
defects to any sidewalks within the Borough by submitting such notification,
in writing, to the Borough Clerk. The Borough or the Borough Engineer
shall cause the inspection of the subject sidewalk in a timely manner
considering manpower and workload.
C.
It is the intention of this article to implement and prioritize the
maintenance and repair of sidewalks adjacent to or abutting residential
and nonresidential properties over a period of time by utilizing available
resources based on the Borough's inventory of all such sidewalks and
to balance sidewalk safety and appearance with other Public Works
priorities, budgetary and fiscal constraints and available resources
and personnel. The funding of sidewalk repair and maintenance shall
be determined by the sole discretion of Borough Council, upon the
recommendation of the Borough Engineer or such other person as may
be designated by the Borough, except where there is a dangerous condition
of a sidewalk needing immediate repair or replacement.
A.
The Borough Clerk shall be responsible for permitting and the collection
of all fees set forth under this article, and any other corresponding
provisions of this chapter or of the Borough Code. Except as otherwise
provided, the provisions of this article shall be enforceable by the
Borough Engineer, Department of Public Works, Zoning Officer, Building
or Construction Official and/or any authorized official as the Borough
may designate.
B.
Any person who shall violate or fail to comply with any provision
of this article shall, upon conviction, be subject to fine of not
less than $50 per day, nor in excess of $200 per day.
C.
The continuation of such violation of each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
