[Adopted 10-28-2002 by Ord. No. 10-02-17]
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 Township without first having obtained a permit to do so from
the Township Committee.
Application for a permit under this section
shall be made to the Township Clerk by the owner of the premises or
his agent upon forms provided by the Township 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 Engineer deems necessary
in order to determine whether the work will comply with this article.
Applicant shall pay an application fee of $10
and an engineering inspection fee of $20 for all sidewalk, driveway
apron or curb construction and/or removal within any public right-of-way.
The applicant shall pay all costs for tests which the Township Engineer
deems necessary. The applicant shall post a three-hundred-dollar refundable
deposit.
A.
All materials and work shall be in accordance with
Township specifications on file in the Office of the Engineer.
B.
Any sidewalk, driveway apron, curb or gutter which
is removed shall be promptly replaced in accordance with Township
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 Engineer 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:
[Amended 8-8-2016 by Ord.
No. 07-16-13]
A.
The cost and expense of the construction, repair, alteration, or
maintenance of sidewalks and driveway aprons when such is deemed necessary
shall be paid by those owners of lands fronting and bordering upon
those areas affected. The abutting owner is responsible for damage
caused by trees, including trees installed by a developer, unless
it can be demonstrated that the trees causing the damage were planted
by the Township. For the purpose of this section, an abutting landowner
is any person, individual, corporation, partnership, association,
or entity having title and/or an interest paramount to title in real
estate which abuts a public street, road or other thoroughfare of
the Township.
B.
To replace curbing, necessitated by the repair or replacement of
driveway aprons or sidewalks, the following shall apply:
(1)
The cost and expense of the construction, repair, alteration, or
maintenance of curbs when such is deemed necessary by the Township
Engineer shall be paid by those owners of lands fronting and bordering
upon those curbs affected. The abutting owner is also responsible
for damage caused by trees, including trees installed by a developer,
unless it can be demonstrated that the trees causing the damage were
planted by the Township. For the purpose of this section, an abutting
landowner is any person, individual, corporation, partnership, association,
or entity having title and/or an interest paramount to title in real
estate, which abuts a public street, road or other thoroughfare of
the Township.
(2)
Acceptable curb replacement shall include: vertical curb, combination
curb/gutter and asphalt pavement resulting from curb and curb/gutter
removal.
The Township Committee shall decide from time
to time which sidewalks and/or driveway aprons are in need of repair,
alteration, or replacement or which new sidewalks and/or driveway
aprons should be installed, based upon the recommendations of the
Township Engineer, who shall evaluate same according to the standards
set forth in the Township of Cranbury Land Development Ordinance,[1] which standards are incorporated herein by reference.
A.
Such determination having been made, the Township
Committee, by resolution, shall cause a notice in writing to be served
upon the owners of said lands requiring the necessary specified work
to said sidewalk and/or driveway apron to be commenced by the owner
within a period not to exceed 60 days from the date of service of
the notice and completed expeditiously thereafter.
B.
Whenever any lands are unoccupied and the owner cannot
be found within the municipality, the notice may be mailed, postage
prepaid, to his or her post office address, if the same can be ascertained.
C.
If the owner is a nonresident of the Township or his
or her post office address cannot be ascertained, then a notice may
be inserted for four weeks, once a week, in The Cranbury Press.
D.
In case the owner or occupant of such land shall not
comply with the requirements of such notice, it shall be lawful for
the Public Works Department of the Township of Cranbury, upon filing
due proof of the service or publication of the aforesaid notice with
the Township Clerk, to cause the required work to be done and paid
for out of the municipal funds available for that purpose.
E.
The cost of such work shall be certified by the Department
of Public Works to the Tax Collector of the Township of Cranbury.
F.
Upon filing of said certificate, the amount of the
cost of such work shall be and become a lien upon set abutting lands
in front of which such work was done to the same extent that assessments
for local improvements are liens in the Township of Cranbury and shall
be collected in the manner provided by law for the collection of such
other assessments and shall be payable in equal annual installments,
a number of which shall be fixed by resolution of the Township Committee,
but not to exceed 10 installments, and shall bear interest as provided
by law.
G.
In addition thereto, the Township of Cranbury may
have an action to recover said amount against the owner of said lands
in any Court having competent jurisdiction thereof and a copy of the
aforesaid certificate shall, in such action, be prima fade evidence
of the existence of the debt due from the said owner to the Township
of Cranbury.
