[Adopted by Ord. No. 22 (§ 13-1 of the Revised General Ordinances),as amended
through Ord. No. 8-2000]
As used in this chapter, the following terms shall have the
meanings indicated:
Any excavation, removal, replacement, repair, construction,
or other disturbance of any portion of the public improvements within
a public street or drainage right-of-way. These public improvements
include but are not limited to curb, sidewalk, driveway, driveway
aprons, drainage structures, and conduits, pavements, base courses,
gutters, retaining walls, channels, headwalls, railings, guard rails,
or any other public improvement existing within the public right-of-way.
For the purpose of this chapter, that work which is being performed
outside the public right-of-way, but which requires storage of materials
or operation of equipment within the public right-of-way, in such
manner as may cause damage, will be considered excavation work.
That part of the street, avenue or public road which is graded
and improved for the use of animals and vehicles.
The artificial walk or way of stone, concrete, or other approved
material, laid on the sidewalk area for the use of pedestrians.
The right-of-way or public easement between the roadway,
as above defined, and the outline or lot lines of the street, avenue
or public road.
The street, avenue or public road between the lot lines.
Except as hereinafter designated, all streets having a width
of 60 feet or more shall have 1/2 of the width thereof, in the middle
thereof, made and improved as a roadway; and 1/4 of the width on each
side of the roadway, and between the roadway and the outside lines
of the street, made and improved as sidewalks; and, except as hereinafter
designated, all streets of a less width than 60 feet shall have 3/5
of the width thereof, in the middle thereof, made and improved as
a roadway, and 1/5 of the width on each side of the roadway, and between
the roadway and the outside lines of the street, made and improved
as sidewalks.
A.
West Lake Avenue shall have a roadway 40 feet wide, with a sidewalk
20 feet wide on the southerly side thereof.
B.
East Lake Avenue shall have a roadway 35 feet wide, with a sidewalk
15 feet wide on the northerly side thereof.
C.
Ocean Avenue shall have a roadway 40 feet wide, with a sidewalk 20
feet wide on the westerly side thereof.
D.
First Avenue, from Essex Avenue southerly to the southerly limit
of the Borough, shall have a roadway 36 feet wide with sidewalks 12
feet wide on each side thereof.
The cross section of all roadways shall be the arc of a circle,
with the gutter line six inches below the top of the curb dividing
the roadway from the sidewalk, and the crown or highest part thereof
shall be in height above the gutter line 1/40 of the total width of
the roadway.
At the line of junction between the sidewalk areas and roadway,
a stone curb not less than 2 1/2 inches thick and 12 inches deep
shall be well set and bedded; and the height of the curb above the
gutter shall be six inches. When a new concrete curb is installed,
it shall be 18 inches, the base shall be eight inches, the top shall
be six inches, the total height shall be 18 inches and the face above
the gutter shall be six inches. The construction of the curb shall
be in accordance with the specifications required by the Borough Engineer.
On sidewalks 15 feet wide or more, the grade at the outside
line of the street or the lot line shall be the same as the grade
of the curb. All sidewalks shall rise from the curb with a grade of
1/4 of an inch to the foot.
All sidewalks shall be so laid that the middle line of such
sidewalk shall agree with the middle line of the sidewalk area. All
sidewalks, of whatever cross section, shall be laid with the side
towards the curb lower than the side next to the lot line, with a
grade or slope similar to that of the sidewalk area, and wherever
a change of grade shall be necessary to bring any sidewalk area properly
across the curb, at any street crossing, the same shall be made within
a distance of 40 feet of such curb.
The spaces on the sidewalk areas between the sidewalks and the
curb and the lot lines shall have a depth of topsoil of not less than
three inches, and shall be sown with suitable grass seed or sodded,
and the grass thereon shall be trimmed by the owner of the abutting
premises at least once a month during the months of June, July and
August.
The owner or owners of every lot of land fronting or on the
side of any street within this Borough shall, within 30 days after
service upon him, her or them of a written notice from the Code Enforcement
Officer, specifying the work required to be done, construct and maintain
at his, her or their expense, a sidewalk on the sidewalk area of such
street next to his, her or their lot, of either blue stone, granolithic
or concrete. The sidewalks in front of residence properties on East
Lake Avenue, Ocean Avenue and First Avenue, and on the streets running
east and west shall be five feet wide; and in front of residence property
on all streets running north and south, except as above specified,
shall be four feet wide.
The Code Enforcement Officer shall have the power and authority
to condemn any sidewalk within the limits of this Borough, and notify
the owners thereof that the same must be removed and a new sidewalk
laid in its place, in accordance with the provisions of this section,
within 30 days from the receipt of a written notice to that effect.
The notice required by §§ 330-9 and 330-10 shall be served by sending the same to such owner or owners by mail if their post office address be known; if not known then by posting such notice on the premises affected thereby or leaving the same with any occupant thereof, or by personal service if the owner or owners be resident within the Borough.
In case such owner or owners shall fail to construct, repair
or keep in repair such sidewalk according to the requirements of this
article within the time aforesaid, the Council shall cause such work
to be done, and the cost thereof with interest shall be assessed upon
the lot or lots of land in front of which such sidewalks shall have
been so constructed or repaired.
No sidewalk or any part of a sidewalk in any part of the Borough shall hereafter be taken up or removed therefrom for any purpose whatever unless a permit has been issued by the Construction Official, under the penalty as established in § 330-18 for each offense.
All sidewalks in any street or section of a street in the Borough whereof the sidewalks have been leveled, graded and curbed shall be kept and maintained in a level and proper grade under the penalty as established in § 330-18. The penalty shall be paid by the owner or owners of the lot or lots in front of which such sidewalk shall be.
A.
All sidewalks located on Third Avenue beginning at a distance of
approximately 150 feet south of the intersection of Madison and Third
Avenues (where the Retail Commercial Zone begins), continuing in a
southerly direction to Passaic Avenue shall be constructed of concrete
pavers in accordance with such specifications governing color, style,
manufacturer and installation as shall be recommended from time to
time by the Borough Engineer. The concrete pavers installed shall
be the same installed by the contractors in Job No. 92289.026. In
addition, the pattern shall be the same as used in Job No. 92289.026.
In addition to installation of concrete pavers from a distance of
approximately 150 feet south of the intersection of Madison and Third
Avenues (where the Retail Commercial Zone begins), concrete pavers
consistent with this subsection as to color, style and pattern shall
also be used on the intersection streets of Washington Avenue, Jersey
Avenue, Morris Avenue and Passaic Avenue for a length contiguous with
the new curb line installed by the Borough on said streets.[1]
B.
In addition to the use of concrete pavers all intersecting curbs
shall be connected with curbing as established by the Borough Engineer;
provided however, that all curbing and sidewalks in the area of crosswalks
shall be designed and constructed so as to permit barrier-free access
in accordance with specifications established by the Borough Engineer
in conformity with regulations promulgated pursuant to the American
With Disabilities Act.
A.
All or any part of a sidewalk and/or curb within the Borough of Spring Lake which is taken up or removed for any purpose pursuant to the provisions of this chapter shall be replaced and restored in conformance with the provisions of this chapter within 30 days from the issuance of the permit, except as provided in Subsections B and C hereof.
B.
Where sidewalks and/or curbs are damaged or removed in conjunction with construction or renovation of a structure, and where the construction or renovation requires access for construction vehicles and equipment in excess of 30 days from the issuance of the permit, pursuant to § 330-3 above, the permittee will be permitted to maintain a temporary sidewalk on 1 1/2 inches FABC over four inches of compacted stone and a temporary curb of FABC, not more than 12 feet wide for such access by construction vehicles and equipment. The remainder of the sidewalk and/or curb adjacent to the property shall be replaced and restored within the time period provided herein with permanent sidewalk and/or curb. Permanent curbs shall be constructed in accordance with § 330-5 above. Permanent sidewalk may be either concrete, constructed in accordance with § 330-17, slate or concrete pavers or the specifications required by the Borough Engineer.
[Amended 7-27-2004 by Ord. No. 29-2004]
C.
Within 30 days of completion of the construction or renovation of the structure, or within six months from the issuance of the permit pursuant to § 330-13 above, whichever shall first occur, the temporary sidewalk and/or curb shall be removed and replaced with permanent sidewalk and/or curb. In any event all sidewalk and curb damaged or removed shall be replaced prior to the issuance of any certificate of occupancy.
Sidewalks may be constructed of concrete, slate or concrete pavers. Concrete sidewalks shall be four inches thick. Slate sidewalks shall be two inches thick with slabs a minimum of four feet by five feet set on a one-and-one-half-inch bed of sand. Concrete pavers shall be per § 330-15 above, or other type or manufacturer as may be approved by the Borough Engineer, set on a one-and-one-half-inch bed of sand. Concrete sidewalks, where crossed by driveways, shall be six inches thick and reinforced by six by six 10/10 WWM. Slate sidewalks and concrete pavers, where crossed by driveways, shall be set on a one-inch thick bituminous setting bed laid on a four-inch thick bed of concrete reinforced by six by six 10/10 WWM. All sidewalks shall be of a width matching existing or other width as may be specified by the Borough Engineer. The construction of sidewalks shall be in accordance with specifications required by the Borough Engineer.
