[Amended 7-8-1975 by Ord. No. 1582]
As used in this article, the following terms
shall have the meanings ascribed:
The Director of Public Works of the Village or his duly authorized
representative.
Any unforeseen circumstance or occurrence, the existence
of which constitute a clear and immediate danger to persons or properties.
[Amended 9-16-2015 by Ord. No. 3498]
A.
It shall be the duty of any owner of real property abutting any public
street or sidewalk in the Village of Ridgewood, at the owner's sole
cost and expense, to install, construct, repair, alter, relay, reconstruct
and maintain the sidewalks in front of or abutting such property whenever
such sidewalks are required as hereinafter provided or, being already
installed, shall be in such state of deterioration or disrepair as
to constitute a hazard to the general public using said sidewalks
unless they are repaired, altered, relaid or reconstructed. In addition
to the foregoing, it shall also be the duty of the owner, at the owner's
sole cost and expense, to install, construct, repair, alter, relay,
or reconstruct curbs where the deterioration or damage to the same
has been caused by the actions of such owner.
B.
It shall be the duty of any owner of real property abutting any public
street or sidewalk in the Village of Ridgewood, at the owner's sole
cost and expense, to maintain the interior of the tree wells located
in/on the sidewalk in front of or abutting such property each year
by weeding, removing debris and maintain the overall clean appearance
of the tree wells and the interior of same.
Sidewalks and/or curbs shall be required to
be installed and constructed when the Council of the Village shall,
by resolution, determine that the health, safety and welfare of the
general public so requires and causes notice to that effect, in writing,
to be served upon the owner, owners or occupant of said lands requiring
the necessary specified work to said curb or sidewalk to be done by
said landowner or occupant within a period of time stated in said
resolution not less than 30 days from the date of service of said
notice.
[Amended 3-10-1981 by Ord. No. 1790; 3-14-2012 by Ord. No.
3332]
A.
Repairs,
alterations, relaying or reconstruction of sidewalks and/or curbs
shall be required when the Director has determined by field observations
that the health, safety and welfare of the general public so requires.
The Director shall then issue an initial notice, in writing, to that
effect to be served upon the owner of such lands, which said notice
shall require the necessary work to the curb or sidewalk, as specified
in the notice, be performed by the property owner. The initial notice
shall set forth the date upon which the said work shall be completed,
which date shall be not less than 45 calendar days after the date
of mailing of said notice to the property owner.
B.
In the
event a property owner fails to make the repairs requested within
the timeframe of the initial notice, a second notice shall be issued
to the property owner with an additional 45 calendar days to complete
the requested for repairs.
[Amended 3-10-1981 by Ord. No. 1790; 3-14-2012 by Ord. No.
3332]
A.
The notice required by § 249-25 shall be served by both certified mail, return receipt requested, and regular mail, postage prepaid, to the property owner’s last known post office address according to the Village’s tax assessment records.
B.
The initial notice required by § 249-26 for repairs to a defective sidewalk shall be served by regular mail to the property owner’s last known post office address according to the Village’s tax assessment records.
[Amended 3-10-1981 by Ord. No. 1790]
In the event that the owner of such lands shall not comply with
the requirements of such notice, it shall be lawful thereupon for
the Department of Public Works of the Village, upon filing due proof
of service of the notice required or publication thereof with the
Village Clerk, to cause said installation, construction, repair, alteration,
relaying or reconstruction to be performed and paid for out of Village
funds available therefor; the cost of such work shall thereupon be
certified by the Director, Department of Public Works, to the Tax
Collector, at which time the amount of such cost shall be and become
a lien upon such lands in front of which or abutting which such work
was done to the same extent that assessments for local improvements
are liens in the Village under general law and shall be collected
in the manner provided by law for the collection of such other assessments
bearing interest at the same rate.
Nothing herein shall deprive the Village of
its right to bring an action to recover said amount against the owner
of said lands, and a certified copy of the aforesaid certificate shall,
in such action, be prima facie evidence of the existence of the debt
due from said owner to the Village.
All moneys recovered or paid to the Village
under the provisions of this article shall be credited to the account
out of which the cost of such work was paid.
[Amended 3-12-2008 by Ord. No. 3104; 3-14-2012 by Ord. No.
3332]
A.
No person,
firm, or corporation shall construct, replace or repair a sidewalk,
curb or driveway within the limits of any public street, highway,
or other public property without first obtaining a permit to do the
same from the Director of the Department of Public Works or his or
her designated representative. The entity obtaining the permit shall
be deemed the "permit holder" or "permittee" for the purposes of this
article. In the event a tree or its root system interferes with the
proposed work for which the permit is obtained, the person, firm or
corporation obtaining the said permit has the option of contacting
the Village of Ridgewood Parks and Shade Tree Division to request
to have the tree’s root system trimmed to permit the proposed
work. In the event the Village’s staff cannot perform the requested
for root trimming within 72 hours exclusive of weekends, upon receipt
of the request, the permit holder shall have the option of engaging
the service, at their cost, of a New Jersey certified tree expert
to perform the root trimming. Tree roots may be trimmed only by the
Village’s staff or a certified tree expert. For any tree roots
not trimmed in the manner described above, the permit holder shall
bear responsibility for the health and condition of the affected tree.
B.
All work
performed by a permit holder within the public right-of-way shall
comply with any and all requirements of the Americans with Disability
Act, including any subsequent updates and revisions.
C.
Such permit
shall be valid for an effective period not to exceed 30 consecutive
calendar days. Such effective period may be extended, if so requested
by the permit holder prior to the expiration thereof, for such additional
period as the Director may authorize.
D.
Annual contractor permit. Any firm, person, or corporation, performing sidewalk installation in the Village has the option to obtain an annual contractor permit valid from January 1 of each year to December 31 of each year for an annual fee, as prescribed in Chapter 145, Fees. The annual contractor permit will permit the permit holder to construct/reconstruct as many sidewalks in the Village as he/she desires. The annual contractor permit holder must still file a permit for each location of work prior to the start of any work with the Department of Public Works, Engineering Division. If there are root issues with any adjacent trees in the public right-of-way, the Engineering Division will coordinate the root/tree work with the Village Parks and Recreation Department and advise the annual permit holder when he/she may remove the old sidewalk. All work areas must still call for the requisite form/subgrade inspection prior to the placement of concrete.
[Amended 3-11-2015 by Ord. No. 3462]
A.
The permittee shall not begin or carry on any part
of the work provided to be done, except in the event of an emergency,
without first notifying the Director not less than 24 hours in advance
and obtaining his approval therefor.
B.
No work provided to be done under said permit shall
be performed on Saturdays, Sundays or holidays except with the prior
approval of the Director or in the event of an emergency.
The permit must be in possession of the parties
actually doing the work and must be exhibited to the Director or to
any authorized representative of the Village upon request.
The Director shall have the right to revoke
or cancel the permit at any time should the permittee fail to comply
with any of the terms, agreements, covenants and conditions thereof.
The permit shall not be assigned or transferred
except upon the prior written consent of the Director.
A.
The permittee shall clean up and remove promptly from
the site of the work, upon completion thereof, all surplus excavated
material and debris and shall leave the site of the work in a neat
and orderly condition.
B.
Where topsoil, seeded areas or sod are disturbed in
the course of the work, the permittee shall restore such ground surface
to its original condition.
[Amended 3-11-2015 by Ord. No. 3462]
A.
The permittee, at his own expense, shall carry out the work as expeditiously
as possible and in such manner as to cause the least possible inconvenience
and to permit the use of the sidewalk by pedestrians and the roadway
by vehicles and the flow of water along the gutters.
B.
The permit holder for work to be performed shall be responsible for
the condition of the sidewalk work area at all times until such work
has been deemed complete and meeting the Village's standards by the
Village of Ridgewood Department of Public Works Engineering Division.
C.
No sidewalk work areas shall be excavated, have slabs removed, be
barricaded or be caused to be unusable by the residents of the Village
for a period more than seven calendar days. All permit holders shall
coordinate any work to be done on adjacent trees in the public right-of-way
through the Village's Engineering Division via email or written letter.
Any person, firm or corporation desiring a permit
for such work shall make application therefor to the Director upon
forms provided for that purpose. Said application shall show or include
the following information:
A.
The name, address, telephone number, and email address
of the applicant (permit holder).
[Amended 3-14-2012 by Ord. No. 3332]
B.
The name, address and telephone number of the owner
of the property in front of which or for whom the work is to be performed.
C.
The location of the property.
D.
The extent and nature of the work to be done.
E.
The date or dates when the work is to be done.
F.
A signed statement by the applicant that he agrees
to perform the work for which the permit is granted strictly in accordance
with the conditions of the permit and this article.
G.
A signed statement by the applicant that the Village
is to be saved harmless from any loss, injury or damage arising out
of the granting of the permit or from any negligence or fault of said
applicant, his servants or agents in connection with any of the work
done under or in connection with said permit.
H.
All entities applying for a curb/sidewalk permit shall acknowledge
that the Village shall control the pace of any work required on the
adjacent trees in the rights-of-way.
[Added 3-11-2015 by Ord. No. 3462]
Sidewalks, curbs and driveways shall be constructed,
removed, replaced or repaired in accordance with such grades and specifications
as have been or may from time to time be established by the Director.
Such grades and specifications shall be placed on file in the office
of the Director and shall be followed in all instances except where
the Director determines that the interest of the Village will be better
served by a deviation therefrom. In the event of a deviation, the
permittee shall be advised, in writing, with the reasons therefor.
All work shall be performed so as to meet the grade and alignment
of the adjoining sidewalk, curb or driveway, if any, or such established
line or grade as may be determined by the Director and in accordance
with the Director's instructions.
Pedestrian and vehicular traffic is to be adequately
protected by the permittee by means of suitable protective barricades
and lights around the work, and the work is to be arranged so as to
cause a minimum of inconvenience and hazard to such pedestrian and
vehicular traffic.
[Added 3-14-2012 by Ord. No. 3332]
A.
Cold
weather concreting. Anytime when the ambient temperatures are expected
to fall below 4° C. during the placement or cure time of concrete
for curbs and/or sidewalks, the permit holder shall provide measures
to maintain the concrete surface temperature above 29° C.
B.
Hot
weather concreting. Anytime when the ambient temperatures are expected
to be above 25° C. during the placement or cure time of concrete
for curbs and/or sidewalks, the permit holder shall undertake all
necessary measures to cool the concrete, including but not limited
to using water-reducing admixtures, cooling the aggregate, using chilled
water, preventing adsorption by wetting underlying subgrade or wood
forms, or any other method approved by the Director.
C.
If a
permit holder is unable to maintain the requisite temperatures in
accordance with hot or cold weather concreting requirements, the work
shall be suspended until suitable weather conditions exists.
