Borough of South River, NJ
Middlesex County
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Table of Contents
Table of Contents
[Adopted 10-4-1965 (Ch. 163, Art. IV, of the 1977 Code)]
All maintenance and repair of public streets, sidewalks, curbs and other public ways shall be under the supervision of the Superintendent of Public Works or the Borough Engineer.
It shall be unlawful to construct or lay any pavement on any public street, sidewalk, curb or other public way, or to repair the same, without first having secured a permit therefor. Applications for such permits shall be made to the Borough Clerk and shall state the location of the intended work, the extent thereof and the person or firm who is to do the actual work.
All such construction, maintenance and repair shall be made in conformity with the specifications laid down or approved from time to time by the Borough Council.
[Added 3-23-1977 by Ord. No. 1977-13; amended 12-11-2017 by Ord. No. 2017-32]
The maintenance, repair and reconstruction of sidewalks and curbs (Any combination curb and gutter shall be maintained, repaired or reconstructed so that the abutting landowner shall be responsible for the curb portion only and the Borough of South River shall be responsible for the street gutter portion.) shall be the responsibility of the abutting landowners and shall be repaired, altered, relaid or maintained at the expense of the abutting landowners as provided by the provisions of N.J.S.A. 40:65-14.
The Mayor and Council of the Borough of South River shall cause notice to be served upon abutting landowners or occupants of said lands requiring the necessary specified work to said curb or sidewalk to be performed by the said owners or occupants within a period of not less than 30 days from the date of such notice. The Mayor and Council may, at its discretion, due to inclement weather, extend said period for a longer period than 30 days, provided that said period shall not exceed 90 days.
The Mayor and Council shall, whenever the abutting lands are unoccupied and the owner in title cannot be found within the Borough of South River, mail such notice, postage prepaid, to said owner's post office address, and, in the event the said address cannot be ascertained, the governing body shall insert a notice for four weeks, once in each week, in a newspaper published within the Borough of South River.
The Mayor and Council, upon expiration of the period of notice, shall, in the event that the owner or occupant has not complied with the requirements of said notice, file with the Borough Comptroller due proof of service of publication of the aforesaid notice, and the Mayor and Council shall, after the filing of said notice with the Comptroller, order the necessary work to be performed in accordance with said notice and may cause the same to be paid for from the funds of the Borough of South River.
The Superintendent of the Department of Streets and Roads or his duly designated representative shall certify to the Tax Collector of the Borough the cost of the performance of said work, and, upon the filing of the said certificate by the Superintendent of the Department of Streets and Roads or his duly designated representative with the Tax Collector, he shall thereafter cause a lien to be placed upon said abutting lands wherein said work was performed.
The Tax Collector shall collect the moneys so expended, including costs of publication of the notice required in Subsection C hereof as well as other costs provided for by the statutes of the State of New Jersey, in the same manner as assessments for local improvements as provided by the statutes of the State of New Jersey, and said lien shall bear interest at the same rate as an assessment for local improvements. The Tax Collector may, with the consent of the Mayor and Council, institute a suit in the courts of the State of New Jersey for the collection of the amount of said lien from the owner of said lands, as disclosed on the tax assessment list of the Borough of South River at the time of the performance of said work.
The Tax Collector shall credit all moneys from the performance of said work to an account to be established by the Tax Collector for performance of said work, as set forth in this section, by the municipality.
The Superintendent of the Department of Streets and Roads shall have the authority under the provisions of this section to designate subordinate employees in his department as representatives in performing the duties required of the Superintendent in the administering of the provisions of this section, and the Superintendent may further designate employees within the Department of Streets and Roads for the purpose of inspecting streets and sidewalks. The Superintendent of Streets and Roads, prior to the performance of any work on any curb or sidewalk by the abutting landowner, shall ascertain through his representatives the conditions affecting said existing sidewalks and curbs on the land. The Superintendent thereafter shall notify the governing body of the condition existing and the work to be performed by the abutting landowner prior to the governing body serving notice on said landowner or occupant of said lands.
For all newly constructed homes, and for all other properties upon transfer of ownership, a certificate of occupancy will not be issued until:
Sidewalks are installed in the public right-of-way along all portions of the property that front a public road in accordance with the Borough Code; or
A bond in an amount not to exceed the reasonable estimate for the cost of sidewalk installation as determined by the construction official is posted with the Building Department by the property owner. Said bond amount will be refunded upon installation of the sidewalks and approval of same by the Borough Construction Official. If the property owner or transferee does not install sidewalks in accordance with the Borough Code within six months of posting of the bond, the Borough shall have the right to install sidewalks at the property owner's expense, and the bond shall be applied to the Borough's installation costs. If the Borough's installation costs exceed the amount of the bond, the property owner will be responsible for the additional cost. If said additional cost is not paid by the property owner within 30 days of receipt of an invoice by the Borough, the unpaid amount will be forwarded to the Municipal Tax Collector and will be added to the next tax bill as a municipal lien. If the Borough's installation costs are less than the bond amount, the excess balance shall be refunded to the property owner within 30 days of completion of work.
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties provided in Chapter 1, Article I, General Penalty, in the discretion of the court.