[Adopted 4-10-2002 by Ord. No. 18-2002]
A.
No person, persons, firm, firms, corporation or corporations shall
erect any dwelling, business or industrial structure to be used or
occupied in any manner whatsoever in the Township of Egg Harbor without
constructing curbs and sidewalks along all street frontages of the
property on which the building or structure is to be located. Property
located in the CRW and RA Zoning Districts are exempt from this requirement.
If the dwelling to be erected replaces a dwelling that was unintentionally
completely destroyed and razed by a fire in the past 12 months, they
will be exempt from this requirement.
[Amended 11-29-2017 by Ord. No. 34-2017]
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.
[Added 5-14-2003 by Ord. No. 18-2003]
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]
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 to the Township an amount that would
be held by the Township for an improvement to be made in the future
by the Township. The Township Engineer will determine the amount of
the in-lieu payment based on the length of the improvement that would
have been required to be installed.
[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.
