[Adopted by Ord. No. O76-29A (§ 16-2 of the Revised General
Ordinances), as amended through Ord. No. O-93-10]
It shall be unlawful for any person to construct or remove, or cause
to be constructed or removed, any sidewalk, driveway apron, curb or gutter
or any part thereof within any public right-of-way in the Township without
first having obtained a permit to do so from the Township Committee. No permits
will be issued between November 15 and March 15 unless it is reviewed and
recommended by the Township Engineer.
Application for a permit under this article shall be made to the Township
Clerk by the owner of the premises or his agent upon forms provided by the
Township and shall contain the following information:
A.
The name and address of the applicant.
B.
The name and address of the person who is to perform
the proposed work, and the name and address of the owner of the property on
which the work is to be performed, if other than the applicant.
C.
The location, by street number or otherwise, of the premises
where the work is to be done.
D.
The estimated cost of the proposed work.
E.
A line and grade plan showing the proposed work, including
its exact location with respect to a street intersection or some other fixed
and prominent object, as well as its width and relationship to the grade of
the street and the adjacent property and, in the case of a driveway apron,
its slope or pitch.
F.
Any other information that the Engineer deems necessary
in order to determine whether the work will comply with this article.
Applicant shall pay an application fee and an engineering inspection fee for all sidewalk, driveway apron or curb construction and/or removal within any public right-of-way as provided in Chapter 150, Fees. The applicant shall pay all costs for tests which the Township Engineer deems necessary. The applicant shall post a refundable deposit as provided in Chapter 150, Fees.
A.
All materials and work shall be in accordance with Township
specifications on file in the office of the Engineer.
B.
Any sidewalk, driveway apron, curb or gutter which is
removed shall be promptly replaced in accordance with Township specifications.
C.
No concrete sidewalk shall be replaced or covered with
blacktop.
D.
Whenever a curb cut or driveway depression is required,
the entire section or sections of curb or curb and gutter shall be removed
and replaced. The breaking and recapping of curbing is specifically prohibited.
The applicant shall notify the engineer at least 24 hours prior to the
time of pouring or laying any sidewalk, driveway apron, curb or gutter so
that the Department may arrange for adequate inspection and testing.
This section shall not apply to:
A.
Except when the Township determines to utilize the provisions of Subsection B below, the cost and expense of the construction, repair, alteration, or maintenance of sidewalks and driveway aprons when such is deemed necessary shall be paid by those owners of lands fronting and bordering upon those areas affected. If the owner can demonstrate to the satisfaction of the Township Engineer that the repair or maintenance is occasioned through no fault of the owner or his servants, agents or representatives excepting normal wear and tear, then and in that event, the Township shall perform the repair maintenance as required. For the purpose of this article, an abutting landowner is any person, individual, corporation, partnership, association, or entity having title and/or an interest paramount to title in real estate which abuts a public street, road or other thoroughfare of the Township.
B.
Sidewalk maintenance program.
(1)
In order to encourage property owners to maintain sidewalks in good order, the Township of Freehold will, under certain conditions, participate in the cost or repairing/replacement of sidewalks and/or driveway aprons located along the frontage of a lot upon which an occupied single-family residence is situated, in an amount not to exceed 50% or prevailing rates for such work as determined and/or approved by the Township Engineer. The Township Engineer will give consideration to the following recommending application of this Subsection B:
[Amended 9-19-2006 by Ord. No. O-06-33]
(a)
The maintenance or improvement schedule for the street
adjacent to the property owner.
(b)
The need for sidewalk to be replaced based upon engineering
considerations.
(c)
The extent of other property improvements being undertaken
by the property owner.
(d)
The overall demand for such sidewalk maintenance program.
Towards this end, the Township Engineer will maintain a list of all such requests
in order of receipt.
(e)
The funds available for this purpose as determined annually
or otherwise by the Township Committee.
(2)
In the event that engineering approval has been granted
and the Director of Finance has certified the availability of funds, the property
owner may be reimbursed up to 50% of approved costs upon the Township Engineer
approving the work done and upon submitting the evidence to the Township Engineer
that full and complete payment has been made by the property owner for the
work completed. The Township Engineer shall prepare an appropriate application
form for use under this article.
C.
To replace curbing, necessitated by the repair or replacement
of driveway aprons or sidewalks, the following shall apply:
(1)
Upon the determination of the Township Engineer, the
Township may perform the necessary repairs or permit the property owner to
make such curb repairs/replacement as approved by the Township Engineer. The
Township will reimburse the property owner for all approved repairs, at the
prevailing rates as determined by the Township Engineer.
(2)
Acceptable curb replacement shall include vertical curb,
combination curb/gutter and asphalt pavement resulting from curb and curb/gutter
removal.
The Township Committee shall decide from time to time which sidewalks and/or driveway aprons are in need of repair, alteration, or replacement or which new sidewalks and/or driveway aprons should be installed, based upon the recommendations of the Township Engineer, who shall evaluate same according to the standards set forth in Chapter 190, Land Use, which standards are incorporated herein by reference.
A.
Such determination having been made, the Township Committee,
by resolution, shall cause a notice in writing to be served upon the owners
of said lands requiring the necessary specified work to said sidewalk and/or
driveway apron to be done by the owner within a period not to exceed 60 days
from the date of service of the notice.
B.
Whenever any lands are unoccupied and the owner cannot
be found within the municipality, the notice may be mailed, postage prepaid,
to his or her post office address, if the same can be ascertained.
C.
If the owner is a nonresident of the Township or his
or her post office address cannot be ascertained, then a notice may be inserted
for four weeks, once a week, in a newspaper of general circulation within
the Township.
In those situations wherein the owner or occupant of such lands shall
not comply with the requirements of such notice aforesaid, it shall be lawful
for the Township Engineer to cause the required work to be performed, and
said work will be paid for out of municipal funds available for that purpose,
whereupon the cost of said work shall be certified by the Township Engineer
to the Township Committee.
The Township Committee shall certify to the Tax Collector of the Township
the amount so certified by the Engineer, and it shall become a lien upon the
lands in front of which said work was performed to the same extent that assessments
for local improvements are liens, and the same shall be collected in the manner
provided by law for the collection of such other assessments and shall bear
interest at the same rate. Additionally, the Township may have an action to
recover the amount against the owner of said lands in any court having competent
jurisdiction thereof. A certified copy of the aforesaid certificate of cost
shall in such action be prima facie evidence of the existence of a debt due
from the said owner to the municipality.
