Borough of Bay Head, NJ Article II Sidewalk Construction

[Adopted 11-7-2016 by Ord. No. 2016-20[1]]

[1] Editor's Note: This ordinance also repealed former Art. II, Sidewalk Construction, adopted 12-18-1994 as § 10-2 of the 1984 Code, as amended.

§ 209-14 Sidewalk installation for new construction/significant renovations.

A. Construction of a sidewalk is a requirement for all new construction and significant renovations of all residential and nonresidential properties in the Borough.

B. Construction of a sidewalk occurring with new construction and significant renovations shall be completed by the property owner and/or his agent.

C. The finished sidewalk shall be inspected and approved by the Borough Engineer upon completion.

D. Sidewalks and curbing; Pedestrian Safety Fund.

[Added 5-1-2023 by Ord. No. 2023-06]

(1) Notwithstanding any provision to the contrary in this Chapter 209, Article II, of the Borough Code, sidewalks and curbing shall be required along all street frontages as a condition of any new construction and significant renovations. The proposed curbing and/or sidewalk shall be designed and constructed in accordance with the requirements of § 209-17 of the Borough Code.

(2) Payment in lieu of sidewalk and curbing.

(a) Any developer seeking approval for any new construction and significant renovations may request a waiver of the requirement to install curbing and sidewalks along the street frontages of the subject property by agreeing to pay a sum to the Bay Head Borough Pedestrian Safety Fund equal to the cost of said curbing and sidewalk. Said waiver shall be approved by the Borough Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality.

(b) In determining whether to grant the requested waiver and accept a payment in lieu of the installation of sidewalk and curbing, the Borough Engineer shall consider the following factors:

[1] The presence or absence of existing curbing and sidewalks in the general vicinity of the subject property.

[2] The practical difficulty as established by the applicant for installing such improvements in or adjacent to the subject property due to exceptional topographic conditions, drainage concerns, and/or the deleterious impact to surrounding properties as a result of the installation of such improvements.

(3) Bay Head Borough Pedestrian Safety Fund.

(a) There is hereby established the Bay Head Borough Pedestrian Safety Fund (hereinafter "fund").

(b) Said fund shall be dedicated to pay for the cost of designing and constructing various pedestrian safety projects within the Borough of Bay Head.

(c) All monies paid by developers in accordance with this section shall be deposited into the fund.

(d) The Chief Financial Officer of the Borough is hereby directed to establish and maintain the fund and to make disbursements upon the request of the Borough Council, Borough Administrator, Public Works Director or Borough Engineer for designated pedestrian safety improvements.

§ 209-15 Order for sidewalk improvement.

A. The Mayor and Borough Council may, by resolution, order the construction and reconstruction, paving and repaving, curbing and recurbing, repairing and improving of the sidewalks of any street in the Borough.

B. When the construction or repair of curbs or sidewalks is ordered by the Borough Council, the cost of such construction or repair of curbs or sidewalks shall be paid by the owner of the real estate in front of which the improvement is made. In the case of new construction, the Borough shall pay the entire cost of the curbs and sidewalks lying in the angles of the intersections of streets. Primary engineering costs for this construction shall be paid by the Borough.

C. Pursuant to N.J.S.A. 40:65-3, et seq., the Municipal Clerk shall give notice to the owners of all real estate affected following the adoption of a resolution for the curb or sidewalk improvement and prior to the making of the improvement or awarding the contract therefor.

D. A notice of repair shall contain a description of the property sufficient to identify it, a description of the improvement required and a statement that, unless the owner or owners complete the same within 30 days after service thereof, the Borough shall make the improvement at the expense of the owner. Assessments for the construction repair of sidewalks and curbs shall be made in accordance with the provisions of N.J.S.A. 40:65-8, and shall become a lien on the premises affected thereby as provided by law.

§ 209-16 Assessments for curb grade.

Any property owner requesting the Borough to furnish grades on a public street which has been accepted for maintenance shall deposit a check, in a sum as set forth in the fee schedule on file at the office of the Municipal Clerk, with the Municipal Clerk when the request for curb grades is made. Construction of the proposed sidewalk or curb shall be completed within 30 days of the stakeout by the Borough Engineer.

§ 209-17 Construction standards to be established by Borough Engineer.

All construction and repair of sidewalks and curbs shall be in accordance with specifications of the Borough for the construction of sidewalks and curbs that may be established by the Borough Engineer.

§ 209-18 Violations and penalties.

For a violation of any provision of this article, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,000 or imprisonment for up to 90 days or a period of community service not exceeding 90 days, or any combination thereof.