[Adopted 5-21-2003 by Ord. No. 883-03]
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 of Rochelle Park, New Jersey.
Application for a permit under this article
shall be made to the Construction Official or his designee by the
owner of the premises or his agent upon forms provided by the Township
of Rochelle Park 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 Construction Official
or his designee deems necessary in order to determine whether the
work will comply with this chapter.
A.
All materials and work shall be in accordance with
the specifications on file in the Building Department.
B.
Any sidewalk, driveway apron, curb or gutter which
is removed shall be promptly replaced within 10 days of removal in
accordance with specifications on file in the Building Department.
The Construction Official may allow longer periods of time as required
for special circumstance.
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 and gutter shall be removed
and replaced. The breaking and recapping of curbing is specifically
prohibited. The curb cuts at residential property shall be limited
to the greater of 20% of the total front width of the lot or 15 feet
for single-car driveways or 22 feet for properties with two-car garages
and/or driveways.
E.
It shall be unlawful for any person to drive any vehicle
upon or over any curb or sidewalk on any street, avenue or highway
within the limits of the Township of Rochelle Park without properly
protecting the curb or sidewalk from damage.
The applicant shall notify the Construction
Official or his designee at least 24 hours prior to the time of removal
or pouring or laying any sidewalk, driveway apron, curb or gutter.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
This article shall not apply to:
A.
The initial installation of sidewalks, driveway aprons,
curbs or gutters in a major subdivision where the work is covered
by performance guaranties required by the Planning Board.
[Amended 7-22-2020 by Ord. No. 1169-20]
A.
Sidewalk
replacement and maintenance.
(1)
Duty
of abutting landowner. Subject to the limitation set forth in the
following sections, the construction of sidewalks and all repair or
alternation and maintaining of sidewalks are hereby declared to be
the duty of the abutting landowner.
(a)
The Construction Official or his designee shall inspect sidewalks
in conjunction with applications for certificates of continued occupancy
issued upon resale of a residence or change in use application for
commercial premises and order the owner to make repairs as a condition
of the application. All sidewalk area improvements constructed, repaired
or replaced shall conform to approved Township engineering standards.
(b)
All sidewalks shall be maintained by abutting property owners in
the following manner:
[1]
All motorized vehicles shall be prohibited from parking on top of
the curb, parking strip, or any portion of the sidewalk area. The
Rochelle Park Police Chief may designate hours that vehicles may overhang
the sidewalk as it relates to overnight parking.
[2]
Trees and shrubs shall not be planted in the public right-of-way
or on private property of such a variety or in such a manner that
would result in damage to the sidewalk area.
[3]
The full width of the sidewalk along the entire length of any abutting
property shall remain clear of any obstacles or obstructions to allow
safe and easy passage of pedestrians.
[4]
Tripping hazards including grass and weeds shall be removed from
cracks that may develop at the sidewalk surface.
B.
Duty to
reconstruct or repair.
(1)
Whenever
a sidewalk is in need of repair due to Town trees which are not a
direct result of neglect on the part of an abutting property owner
to fulfill his or her maintenance obligations, the Township shall
perform the following:
(a)
The Construction Official or his designee is hereby designated as
the Public Officer to exercise the powers prescribed in this section.
The Construction Official shall also be responsible for the enforcement
and implementation of this section.
(b)
In the event that the Construction Official or the abutting landowner
believes that a sidewalk located within the municipal right-of-way
is in need of repair or replacement as a result of conditions caused
by a tree within the municipal right-of-way, a formal notice/complaint,
in the form available through the office of the Township Clerk, shall
be submitted to the office of the Township Clerk, who shall forward
the same to the Superintendent of the Department of Public Works.
Regular sidewalk clearing and maintenance shall remain the responsibility
of the abutting property owner.
(c)
Upon receipt of said formal notice/complaint, the Superintendent
of the Department of Public Works shall arrange, with the landowner
or Construction Official, for an inspection of the sidewalk in question
and make a recommendation as to manner in which it should be addressed.
(d)
In the event that it is determined by the Superintendent of the Department
of Public Works in consultation with the Construction Official that
a sidewalk must be replaced, the municipality shall arrange for said
replacement on behalf of the abutting landowner.
[Amended 9-28-2022 by Ord. No. 2022-019]
(e)
In the event that the Superintendent of the Department of Public
Works and the Construction Official determine that the condition may
be corrected by resetting the sidewalk slab or otherwise repairing
it in question without a complete replacement, municipality shall
attempt to do so. In the event, however, that the slab breaks during
setting, the municipality shall replace the same without cost to the
abutting landowner.
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.
