[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.
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.
No person shall negligently or willfully break, damage, injure or destroy any curb or sidewalk within the Borough.
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.
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).
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.
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.
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.
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:
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;
The repair or replacement of sidewalks and curbing damaged by privately owned tree roots or landscaping;
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;
The repair or replacement of sidewalks, curbing and other improvements or appurtenances damaged by drainage from private property;
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;
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;
The construction, reconstruction, replacement or repair of a driveway or driveway apron to the abutting or adjoining property; and
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.
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.
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.
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.
If the application for a permit is denied, the applicant may appeal said denial in writing to the Borough Administrator.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.