[Adopted 3-16-2021 by Ord. No. 21-05]
No person shall negligently or willfully break, damage, injure or destroy any curb or sidewalk within the Township of Raritan.
A. 
Sidewalks adjacent to or abutting residential properties within the Township shall conform to the specifications in Residential Site Improvement Standards (N.J.A.C. 5:21-4.19).
B. 
Sidewalks adjacent to or abutting commercial properties shall be constructed, maintained and repaired in a manner which meets the requirements of Section 607 of the NJDOT Standard Specifications, and the concrete shall be Class B air-entranced and shall conform to the requirements of Section 914 of the NJDOT Standard Specifications, unless otherwise directed by the Township Engineer.
Upon completion of sidewalk construction, repair or maintenance, all equipment, unused materials and refuse shall be removed from the site of the work, and all public and private properties damaged or disturbed during the course of construction shall be replaced or repaired. The site shall be put as nearly as possible into conditions corresponding to those which existed prior to construction, all to the satisfaction of the Township Engineer or his authorized representative.
A. 
The owner of residential property adjacent to or abutting a sidewalk within the Township shall be responsible for the construction, reconstruction and proper maintenance and repair for sidewalks to the appropriate minimum standards set forth herein in connection with:
(1) 
The repair or replacement of sidewalks damaged or removed by a property owner, tenant, occupant or contractor during work done at his/her property;
(2) 
The repair or replacement of sidewalks damaged by privately owned tree roots or landscaping;
(3) 
The repair or replacement of sidewalks damaged by heavy vehicle traffic to and from said property;
(4) 
The repair or replacement of sidewalks damaged by drainage from private property;
(5) 
The construction of new sidewalks by the abutting or adjoining property owner on his/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; and
(7) 
The construction, reconstruction, replacement or repair of a driveway or driveway apron to the abutting or adjoining property.
B. 
It shall be the duty of any owner of commercial property adjacent to or abutting a sidewalk to construct, reconstruct, repair and maintain said sidewalk to the appropriate minimum standards set forth herein.
C. 
If the Township Engineer determines that there is a need to construct, reconstruct, repair or maintain the sidewalk under § 410-36A or B, written notice shall be given to the abutting or adjacent property owner requiring the necessary specified work to be undertaken within the time stated in the notice.
A. 
Where an abutting or adjacent property owner is required to construct, reconstruct, repair or maintain any sidewalk within the Township pursuant to § 410-36A or B, said property owner shall first make application, in writing, on the form prescribed by the Township for, and obtain, a sidewalk permit to do so from the Township Engineering Department.
B. 
Every such application shall be accompanied by a fee in the amount $100 for the processing of the application and issuance of the sidewalk permit and, further, for the inspection of the completed repairs.
C. 
Construction shall not commence under this article until a sidewalk permit has been issued.
D. 
If the application for a sidewalk permit is denied, the applicant may appeal said denial, in writing, to the Township Administrator. The decision of the Township Administrator shall be final.
A. 
Whenever an abutting or adjacent property owner fails to construct, reconstruct, repair or maintain the sidewalk abutting said property pursuant to § 410-36A or B, written notice shall be given by the Township Engineer or his designee to said owner directing said owner to perform the construction, reconstruction, maintenance or repair, as appropriate, within 30 days from the date of service of the notice. Whenever any property is unoccupied and the property owner cannot be found within the Township, or in case such owner is a nonresident of the Township or his or her post office address cannot be ascertained, then notice shall be given as specified in N.J.S.A. 40:65-14.
B. 
If the abutting or adjacent property owner does not comply with the requirements of the notice described herein, the Township Engineer may cause the required work to be done at said owner's expense.
C. 
The cost of such work shall be certified by the Township Engineer to the Tax Collector of the Township. Upon the filing of the certification of costs with the Tax Collector, the amount of the cost of such work shall be and become a lien upon the abutting property to the same extent that assessments for local improvements are liens in the Township, 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 Township 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 not constitute any bar to the right of the Township to collect the cost as certified for sidewalk construction, reconstruction, repair or maintenance in the manner herein authorized.
A. 
On a periodic basis, the Township Engineer shall be responsible for causing the inspection of all sidewalks adjacent to or abutting residential and commercial properties, subject to personnel availability. If any irregularities or defects on any such sidewalks shall be found as a result of such inspection, notice of same, along with the extent and location, shall be provided by the Township Engineer to the adjacent property owner in the same manner as set forth in § 410-38A.
B. 
Any person may notify the Township of any alleged irregularity or defects to any sidewalks within the Township on the prescribed form submitted to the Township Clerk. Upon receipt of such notice, the Township Engineer shall cause the inspection of the subject sidewalk in a timely manner considering manpower and workload.