[Adopted 6-4-1979 (Art. 6 of Ch.
13 of the Codified Ordinances)]
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 Borough of Sea Bright without first having obtained a permit
to do so from the Construction Official.
Applications for a permit under this article
shall be made to the Construction Official by the owner of the premises
or his agent upon forms provided by the Borough 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 Construction Official
deems necessary in order to determine whether the work will comply
with the article.
[Amended 12-15-1998 by Ord. No. 94-98; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
A fee of $50 shall be charged for each permit
and, in addition thereto, the applicant shall pay the cost of all
tests which the Construction Official deems necessary. The fee shall
be paid at the time the application is filed, and the cost of all
proposed tests shall be paid prior to the issuance of any permit.
All materials and work shall be in accordance
with the following:
A.
Sidewalks shall be four feet wide and at least four
inches thick of Class B concrete having a twenty-eight-day compressive
strength of 4,500 pounds per square inch, except at points of vehicular
crossing where they shall be at least six inches thick of Class B
concrete having a twenty-eight-day compressive strength of 4,500 pounds
per square inch and shall be air entrained. Such driveway areas shall
be reinforced with six-by-six 10/10 welded wire mesh.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
The standard curb section to be used shall not be
more than 10 feet in length and shall be set in accordance with approved
lines and grades, and radial curbs shall be formed in an arc segment,
in a smooth curve. Chord segments are prohibited. Concrete curbs shall
be eight inches by six inches by 18 inches (six-inch exposed face),
using Class B concrete having a twenty-eight-day compressive strength
of 4,000 pounds per square inch and shall be air entrained. Along
state roads, concrete curbs shall be 10 inches exposed face, using
Class B concrete having a twenty-eight-day compressive strength of
4,000 pounds per square inch and shall be air entrained.
C.
Sidewalks and curbs shall be laid in line with existing
adjoining sidewalks. If there are no adjoining sidewalks and curbs,
they shall be laid on a line even with the backs of existing catch
basins.
D.
At locations specified by the Borough Engineer and
at all intersections, the sidewalks and curbing shall have a barrier-free
design in accordance with the most current Americans with Disabilities
Act (ADA) guidelines to provide a ramp for bicycles and/or wheelchairs,
details for which may be obtained from the Engineer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Any sidewalk, driveway apron, curb or gutter which
is removed shall be promptly replaced in accordance with Borough specifications.
F.
No concrete sidewalk shall be placed or covered with
blacktop.
G.
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 Construction
Official at least 24 hours prior to the time of pouring or laying
any sidewalk, driveway apron, curb or gutter so that the Construction
Official may arrange for adequate inspection and testing.
This article shall not apply to:
Except as may be required by the Planning Board
in case of site plan review or subdivision approval, the installation
of sidewalks is not required, but if installed on a voluntary basis,
the provisions of this article shall govern their installation.
A.
The Council may, by resolution, cause a notice, in
writing, to be served upon the owner or occupant of any land abutting
on any public street, avenue, alley or lane requiring said owner or
occupant to cause the existing curb or sidewalk to be repaired within
a period of not less than 30 days after the date of service of said
notice.
B.
Whenever any lands are unoccupied and the owner or
owners thereof cannot be found within the Borough, the notice shall
be mailed, postpaid, to his post office address if the same can be
ascertained. In case such owner or owners are nonresidents or his
post office address cannot be ascertained, then the notice may be
inserted for four weeks, once a week, in a newspaper circulated in
the Borough.
C.
In the event the owner or occupants of such land shall
not comply with the requirements of such notice, the Council shall,
upon filing due proof of service or publication of such notice, cause
the required work to be done, and the cost of same shall be ascertained
and certified to the Tax Collector to become a lien upon the abutting
lands in front of which such work was done to the extent that assessments
for local improvements are liens, and shall bear interest from the
date it is certified to said Tax Collector at the same rate of interest
as other assessments, and, in addition thereto, the Borough may maintain
an action to recover said amount against said owner or owners of said
lands in any court having competent jurisdiction thereof.[1]
[1]
Editor's Note: Original Sections 13 through
21, pertaining to sidewalks, curbs and driveway aprons on Ocean Avenue
between Beach Street and the southern Borough boundary, were repealed
12-15-1998 by Ord. No. 94-98.
