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Borough of Bay Head, NJ
Ocean County
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Table of Contents
Table of Contents
[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Editor's Note: This ordinance also repealed former Art.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.
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.
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.
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.
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.
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.