[Adopted 1-7-1997 as § 18-2 of the 1996 Revised General Ordinances]
[Amended 2-2-2016; 4-30-2019 by Ord. No. 2019-11]
A. 
It shall be unlawful for any person to construct or remove, or cause to be constructed or removed, any sidewalk, driveway apron, curb or gutter or any part thereof within any public right-of-way in the City other than pursuant to this article without first having obtained a permit to do so from the Construction Code Official.
B. 
This article is applicable to construction or removal projects that involve a sidewalk, driveway apron, curb or gutter or any part thereof within any public right-of-way. Incidental sidewalk openings that occur as a result of a road opening are governed by Chapter 366, Article IV.
C. 
Notwithstanding anything to the contrary contained in Subsection A and B above, no permit shall be issued to any persons between November 1 and March 1 of each calendar year, subject to the articulated exceptions found in § 366-28.
D. 
No permit shall be issued until a deposit is made to the City in an amount determined by the City's Engineer. The deposit shall be calculated based upon the cost to repave, or otherwise restore, the sidewalk (including restoration of signage, pavement marking and all other appurtenances) where the opening will occur ("repavement fee"). The City Engineer will convey the amount of the repavement fee to the applicant and prior to issuance of the permit, the applicant will provide payment by cash, certified check or bank draft to the City Treasurer in that complete amount. The repavement fee will be deposited in an escrow account. These deposit requirements may not be waived unless an emergency condition exists as set forth below in § 366-28C. The deposit is in addition to any fees required in § 366-25.
E. 
In lieu of the permittee restoring or repaving the sidewalk, the City will ensure same is accomplished by hiring a contractor to perform the work in compliance with the requirements of the Local Public Contracts Law.[1] In the event the repavement fee is calculated at an amount that is more than the cost to the City to have performed the resurfacing or repavement, the difference shall be returned to the applicant.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
Application for a permit under this article shall be made to the Director of Public Safety by the owner of the premises or his/her agent upon forms provided by the City and 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, by 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 and 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 Director of Public Safety deems necessary in order to determine whether the work will comply with this chapter.
Fees, as set forth in Chapter 155, Fees, shall be charged for each permit and, in addition, the applicant shall pay the cost of all tests which the Director of Public Works deems necessary. 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.
A. 
All materials and work shall be in accordance with City specifications on file in the office of the Department of Public Works.
B. 
Any sidewalk, driveway apron, curb or gutter which is removed shall be promptly replaced in accordance with City 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 or curb and gutter shall be removed and replaced. The breaking and recapping of curbing is specifically prohibited.
The applicant shall notify the Department of Public Works at least 24 hours prior to the time of pouring or laying any sidewalk, driveway apron, curb or gutter so that the Department may arrange for adequate inspection and testing.
This article shall not apply to:
A. 
The initial installation of sidewalks, driveway aprons, curbs or gutters in a major subdivision where the work is covered by performance guarantees required by the Planning Board.
B. 
The repair or replacement of less than eight linear feet of an existing sidewalk.
C. 
Emergencies. Under emergency conditions resulting from natural forces or human activities beyond the control of the applicant, or which pose an imminent or existing threat to the safety and security of persons or property, or both, or which require immediate action to prevent bodily harm or substantial property damage from occurring, the provisions of §§ 366-23 through 366-29 of this article shall not apply when an applicant undertakes any action in response to such an emergency, provided that the applicant notifies the Construction Code Official of the City at the earliest reasonable opportunity and that all reasonable efforts are taken by the applicant to comply with §§ 366-23 through 366-29 of this article after responding to the emergency.
[Added 2-2-2016]
Any person who shall violate or fail to comply with the provisions of this chapter shall be subject upon conviction to the penalties provided in Chapter 1, Article IV, General Penalty.