[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:
The name and address of the applicant.
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.
The location, by street number or otherwise, of the premises where the work is to be done.
The estimated cost of the proposed work.
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.
Any other information that the Construction Official or his designee deems necessary in order to determine whether the work will comply with this chapter.
All materials and work shall be in accordance with the specifications on file in the Building Department.
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.
No concrete sidewalk shall be replaced or covered with blacktop.
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.
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:
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.
Duty of abutting landowner. The construction of curbs and sidewalks and all repair, alteration, relaying and maintaining of sidewalks and curbs are hereby declared to be the duty of the abutting landowner.
Designation of public officer. The Construction Official or his designee is hereby designated as the public officer to exercise the powers prescribed by this section. The Construction Official or his designee and his office shall be responsible for the enforcement and implementation of this section. Upon inspection and determination by the Construction Official or his designee that the sidewalk and/or curb abutting lands owned by a landowner are in need of repair or replacement, the Construction Official or his designee shall issue a notice requiring replacement and/or repair of any deteriorated sidewalk or curb. Said notice shall provide the landowner with 30 days in which to repair and/or replace the sidewalk and curb specified by the Building Department. In the event that the abutting lands are unoccupied or the owner cannot be found within the Township, the notice shall be mailed, postage prepaid, to the owner’s post office address if it can be ascertained. In the event that the abutting owner is a nonresident of the Township or his post office address cannot be ascertained, than the notice may be inserted once in the designated paper of general circulation in the Township.
Performance by Township. In the event that the owners or occupant shall fail to comply with the requirements of the notice, the Township, upon filing proof of the services or publication of the aforesaid notice in the appropriate department of the Township, shall cause the required work to be done at its expense.
Certification of costs. Upon performance of the required work by the Township pursuant to Subsection C, the cost of the work shall be certified to the Tax Assessor. Upon the filing of the certificate, the amount reflected therein shall become a lien upon the abutting lands to the same extent that assessments for local improvements are liens and shall be collected in the manner provided by law for collection of assessments, bearing interest at a like rate.
Legal action. In the event that the owner shall default in the payment of an assessment, the Township may proceed against him in an action at law.
Compliant. All work performed under the terms of this section shall be under the supervision and direction of the Construction Official or his designee, who shall have exclusive authority to inspect and approve replacement of sidewalks and/or curbs which have been ordered by the Construction Official or his designee.
Certificate of continued occupancy. The Construction Official or his designee shall inspect sidewalks and curbs in conjunction with applications for certificates of continued occupancy issued upon resale of a residence or change in use application for commercial premises.
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.