[Adopted 4-10-2002 by Ord. No. 18-2002]
[Amended 5-14-2003 by Ord. No. 18-2003; 11-29-2017 by Ord. No. 34-2017; 12-17-2025 by Ord. No. 30-2025]
A. 
No person shall erect any dwelling for occupancy within the Township of Egg Harbor without constructing curbs and sidewalks in accordance with §§ 94-11 and 94-38. A dwelling constructed to replace one unintentionally destroyed and fully razed by fire within the preceding 12 months shall be exempt from this requirement.
B. 
A curb and sidewalk permit application shall be filed with the Township Clerk. All appropriate prerequisites pursuant to Article I of this chapter, including, but not limited to, application procedures, insurance requirements, fees and bonding requirements and any other reasonable documentation as determined by the Township Clerk and/or Township Engineer will be required prior to the issuance of any permit.
Every application for a building permit shall, on the plot plan submitted therewith, indicate the location of existing curbs and sidewalks, the location of proposed curbs and sidewalks; and if required, pavement.
Before applying for a building permit, each applicant governed by the provisions of this article shall obtain from the Township Engineer lines and grades, and all sidewalks, curbs and road improvements made shall be to the line and grade so established by the Township Engineer.
All curbs, sidewalks and pavements constructed pursuant to the provisions of this article shall be constructed in accordance with the specifications governing that type of work heretofore or hereafter approved by the Township.
No certificate of occupancy for any new construction shall be granted by the Construction Official and/or Zoning Officer until the required curb, sidewalks, pavement and landscaping are completed and approved as to location, grade, materials and workmanship after inspection thereof by a designated Township official. “Landscaping,” as defined herein, shall mean the placement of sod or any other ground cover which would appropriately stabilize the soil in accordance with Township specifications.
[Amended 12-23-2002 by Ord. No. 82-2002; 9-10-2003 by Ord. No. 31-2003; 12-17-2025 by Ord. No. 30-2025]
A. 
A payment in lieu of installation of the required improvements can be made if one of the following conditions is met, as determined by the Township Engineer:
(1) 
If the residential property is located along a county right-of-way and as a condition of approval the County of Atlantic requires the widening of the roadway.
(2) 
The improvement to be installed for the residential property will create an adverse impact to the stormwater collection/drainage in the area as determined by the Township Engineer.
(3) 
If the existing road’s profile is likely to be altered by a future Township road reconstruction project so the property height of curbs and gutters cannot be determined now.
(4) 
If the portion of the right-of-way where the curbs and sidewalks would be installed has significant or unique vegetation or forestation that would be destroyed by the installation of either curbs or sidewalks. A waiver for either or both could be granted.
(5) 
When the paving of the existing road surface is not centered in the right-of-way and the installation of the curbs would result in a diminished width of the existing paving.
(6) 
If the right-of-way is less than 50 feet wide and the installation of curbs and sidewalks cannot be done without the applicant deeding property or granting an easement to the Township.
B. 
When a waiver under any of these conditions is granted, the property owner shall pay the Township an in-lieu amount to be held for future improvements by the Township. The Township Engineer shall determine the in-lieu amount based on the length of the required improvement. Refer to Table #1B for the in-lieu fee schedule.
Curb and Sidewalk In-lieu Breakdown (Table #1B)
Proposed Use
Curb Fee per Linear Foot
Sidewalk Fee per Linear Foot
Total per Linear Foot
Residential1
$30.00
$30.00
$60.00
Non-Residential
$30.00
$30.00
$60.00
1
If a lot line is being adjusted for a minor subdivision, then the fee shall be 50% of the fee above if approved.
[Amended 4-12-2006 by Ord. No. 20-2006]
Violation of any provision of this article shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this article within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this article.