[Adopted 2-28-1994 by Ord. No. 94-6]
[Amended 8-13-2018 by Ord. No. 2018-20C]
In all cases where a subdivision of site plan application is granted, the owner of the lands upon which such building construction is to be located shall erect and construct on the curbline of such lands concrete and/or Belgian block curbing in accordance with specifications herein below set forth in § 176-11, unless waived by the Land Use Board. In all cases wherein Belgian block is installed, as a condition of approval, the homeowner shall execute a waiver and release of all claims against the Borough for damage to the Belgian block which may be caused by snow removal or other municipal action.
[Amended 2-9-2015 by Ord. No. 2015-1C; 8-13-2018 by Ord. No. 2018-20C]
A. 
Materials for concrete or Belgian block curbing shall be constructed with minimum 4,000 pounds per square inch concrete. Pre-molded joint materials shall be used where curbs and sidewalks join each other.
B. 
Concrete or Belgian block curbs shall be installed on both sides of al streets. The top of the curb shall be at least six inches wide and 18 inches apart in depth. The bottom of the curb shall be nine inches wide, and the back surface shall be perpendicular or plumb. Curbs shall require expansion joints at twenty-foot intervals and construction joints at ten-foot intervals. Depressed curb ramps for the handicapped shall be installed at all radial in accordance with the laws of the State of New Jersey and the Americans with Disabilities Act.[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
C. 
Existing curb and Belgian block curb. In the event that there are existing poured or granite curbs, they shall be maintained and be considered to comply with the requirements of this section. However, if 50% or more of the curb area has deteriorated and is in need of replacement, the entire area must be made to comply with Subsection B in all cases.
D. 
All disturbances of the Borough roadway for the purposes of curb installation shall be saw cut at a distance of not less than 12 inches from the edge of the existing roadway/face of new curb. All areas must be filled with a minimum three-inch depth of hot mix asphalt over a six-inch depth of dense graded aggregate.
[Added 8-27-2020 by Ord. No. 2020-17C]
A. 
Required. Any person or property owner granted subdivision or site plan approval shall install sidewalks along the frontage to the property granted such approvals.
[Amended 2-9-2015 by Ord. No. 2015-1C]
B. 
Materials. All sidewalks shall be constructed of concrete, brick, cobblestones or other approved materials, excluding macadam. Concrete sidewalks shall be constructed with a minimum 4,000 pounds per square inch concrete.
[Amended 2-9-2015 by Ord. No. 2015-1C]
C. 
Sidewalk dimensions. Sidewalks shall be four feet in width. Concrete sidewalks shall be installed to a minimum of four inches and to a maximum of six inches in thickness. Concrete sidewalks shall require expansion joints at twenty-foot intervals with construction joints at four-foot intervals. Sidewalks of other approved materials will require the approval of the Borough Engineer and Building Department. All sidewalks shall have a slope of one-fourth-inch per foot sloping toward the abutting street.
D. 
All disturbances of the Borough roadway for the purposes of curb installation shall be saw cut at a distance of not less than 12 inches from the edge of the existing roadway/face of new curb. All areas must be filled with a minimum three-inch depth of hot mix asphalt over a six-inch depth of dense graded aggregate.
[Amended 8-27-2020 by Ord. No. 2020-17C]
E. 
Standard. Notwithstanding any provision contained in this section, sidewalk dimensions and applications shall be consistent with the prevailing dimensions and applications, 50% or more, of the block. The preferred installation of the Borough of Beach Haven is detailed in §176-14A.
[Added 2-9-2015 by Ord. No. 2015-1C]
F. 
Sidewalks in need of repair; may become a nuisance. It is hereby determined and declared that the presence of broken, disintegrated, uneven and otherwise defective sidewalks upon and within the public easement in public streets in the Borough may constitute or become a public nuisance and hazard to the safety of pedestrians entitled to pass along the same.
[Added 8-27-2020 by Ord. No. 2020-17C]
G. 
Notice to abutting owners to repair. Whenever the pavement or surface of any public sidewalk or portion thereof upon or along a public street in the Borough shall be found to be broken, disintegrated, uneven or otherwise defective to such an extent that it would be likely to cause a pedestrian to trip or fall in passing along the same, and such condition shall be complained of to, or discovered by the Code Enforcement Officer of the Borough, he/she shall make, or cause to be made, an inspection of the sidewalk or portion thereof, and shall report the condition thereof by him/her so found, to the Borough Manager with his/her recommendations for the correction or elimination of such condition. If such condition shall be found to constitute a hazard to pedestrians' use of the sidewalk or portion thereof, and may be eliminated by repair or reconstruction, the Code Enforcement Officer may cause written notice to be given to the owner of all real estate abutting upon the sidewalk or portion thereof so found to be dangerous or hazardous and to require reconstruction or repair, requiring such owner to reconstruct or repair the sidewalk or portion thereof, within thirty days after the service of such notice, in the manner, to the extent and in accordance with the specifications to be set forth in the notice. Such notice shall also contain a description of the property abutting upon such sidewalk or portion thereof so required to be reconstructed or repaired, which description shall be sufficient to identify such property. For purposes of enforcement of this subsection, "abut" and/or "abutting," and all derivatives therefrom, shall also apply and extend to any right-of-way, easement, or municipal real property not otherwise or exclusively owned by the homeowner, that runs along the frontage, side, or rear of the homeowner's property, upon which a sidewalk has been laid, which falls between the homeowner's property line and the nearest curbline (or street line where no curb is present), and where no interceding, separately and privately owned property lies between the homeowner's property line and the sidewalk.
[Added 8-27-2020 by Ord. No. 2020-17C; amended 8-9-2021 by Ord. No. 2021-26C]
H. 
Failure to obey notice. After receipt of notice to reconstruct or repair the same as provided in § 176-11, the owner(s) of real estate abutting upon a public sidewalk who, after receipt of notice to reconstruct or repair the same as provided in § 176-11, shall neglect or refuse to comply with such notice, and shall continue to use and maintain such sidewalk, as an appurtenance to his/her property, in a condition constituting a hazard to the safety of pedestrians having lawful occasion to use such sidewalk, the Borough shall cause the necessary improvements to said sidewalk under the supervision of the proper municipal officer, or the Borough may award a contract or contracts therefor at the cost of the owner(s) of real estate abutting upon the public sidewalk. The authority for such repair or reconstruction shall be granted by resolution concurred in by at least 2/3 of the entire membership of the Borough Council reciting that such repair or reconstruction of sidewalk is for the best interest of the residents of the Borough.
[Added 8-27-2020 by Ord. No. 2020-17C]
I. 
The costs of such an improvement shall be kept accurately by the officer of the Borough in charge of such improvement and reported to the Borough Clerk under oath in a certification setting forth all costs upon completion. Such costs shall be assessed upon the owner(s) of real estate abutting upon the public sidewalk after the municipal governing body has examined the report by the officer of the Borough in charge of such improvement and adequate notice has been given of the time and place for examination of the report, as prescribed by the Borough Code.
[Added 8-27-2020 by Ord. No. 2020-17C]
J. 
After examination and approval of reporting of costs, the cost of such work shall be assessed as a lien upon the said abutting lands in front of which such improvements was done in the same manner as other local improvements are liens in the Borough. Said liens shall be collected in the manner provided by law for the collection of such other assessments, and shall bear interest at the same rate and with the same penalties for nonpayment as assessments for local improvements in the municipality, and from the confirmation thereof shall be a first and paramount lien upon the real estate assessed to the same extent and be collected and enforced in the same manner as assessments for local improvements.
[Added 8-27-2020 by Ord. No. 2020-17C]
K. 
Failure to reconstruct or repair the sidewalk or pay the amount assessed will be deemed a violation of this section and, upon conviction thereof, shall be punished as provided by § 1-16.
[Added 8-27-2020 by Ord. No. 2020-17C]
A. 
Materials. All concrete driveway aprons and driveway areas crossing the sidewalk area shall be constructed with a minimum 3,500 pounds per square inch concrete reinforced with a six-inch-by-six-inch, ten-gauge welded wire mesh.
B. 
Driveway dimensions. All driveway aprons and driveways crossing on sidewalk area shall be a minimum of six inches in thickness.
[Added 1-8-2001 by Ord. No. 2000-26]
A. 
Required.
[Amended 11-12-2002 by Ord. No. 2002-14; 11-10-2003 by Ord. No. 2003-19; 5-10-2004 by Ord. No. 2004-9; 2-9-2015 by Ord. No. 2015-1C]
(1) 
Sidewalks and curbs are required prior to the issuance of a certificate of occupancy for new construction or substantial improvement of property located within the Borough of Beach Haven. "Substantial improvements" shall be defined as 50% of the replacement value of the structure as determined by the Municipal Assessor. The property owner or owners shall install curbs and sidewalks in accordance with the specifications hereinabove set forth in this chapter and Chapter 179, Subdivision of Land, § 179-13, on property contiguous to all streets within the Borough.
(2) 
The location of the sidewalk and curb shall be placed in accordance with the attached detail entitled “Sidewalk, Curb and Street Tree Detail."[1]
[1]
Editor's Note: Said detail is included as an attachment to this chapter.
B. 
Exceptions.
(1) 
Subsection A shall not apply to preexisting curbs and sidewalks where:
(a) 
Such curbs and sidewalks have been installed and are in substantial conformity with the specifications in this chapter of the Code of the Borough of Beach Haven in the County of Ocean, State of New Jersey.
(2) 
The installation of such curbs and sidewalks may be completed no later than 90 days after the issuance of a certificate of occupancy; provided, however, that application shall be made for the required curb and sidewalk permit to the Building Department of the Borough of Beach Haven, and 200% of the estimated cost of the installation of such curb and sidewalk shall be deposited with the Borough of Beach Haven to be refunded to the person making application and making such deposit upon the installation of the required curb and sidewalk.
[Amended 11-12-2002 by Ord. No. 2002-14]
(a) 
The estimated cost shall be determined by the Borough Engineer upon two written estimates provided by the applicant from persons or entities qualified to do so.