[Adopted 7-9-1984 by Ord. No. A-12-84 as
Ch. 172, Art IV, of the 1984 Code; amended in its entirety 4-11-2005 by Ord. No.
O-13-05]
As used in this article, the following terms
shall have the meanings indicated:
The actual road surface area from curbline to curbline which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
A monolithic concrete structure of standard dimension.
A concrete curb, without monolithic gutter, also of standard
dimension.
Includes paving, repaving, curbing, recurbing, repairing,
improving and altering.
The Director of the Department of Public Works.
Both horizontal and vertical alignment prepared by the City
Engineer or prepared by a professional engineer licensed to practice
in this state and approved in writing by the City Engineer.
That portion of the right-of-way containing a hard surface
of portland cement concrete, bituminous concrete or bluestone flagging.
Persons properly licensed and insured to perform the necessary
street opening work, who must provide a statement of experience and
list of similar work to the satisfaction of the City Engineer.
The portion of the roadway contiguous with the traveled way
for accommodation of stopped vehicles, for emergency use, and for
lateral support of base and surface courses.
The specifications and drawings governing the same on file
in the office of the City Engineer.
The dedicated right-of-way.
A.
The construction and reconstruction, paving and repaving,
curbing and recurbing, repairing and improving of the sidewalks on
public streets and highways of the City, and the manner in which curbs
and sidewalks in the City shall be constructed, repaired, altered,
relaid and maintained, shall be as prescribed by this article.
B.
Nothing in this article shall be construed to permit
or authorize any interference with or injury to a tree located within
the sidewalk without specific approval of the Bureau of Parks and
Trees nor to compel the construction of new curbs, new gutters or
new sidewalks.
A.
Material. The material to be used for the construction
of concrete curbs and gutters, vertical curbs or sidewalk pavement
shall be portland cement concrete.
B.
Width and thickness of sidewalks. Sidewalks shall
not be less than four feet in width and not less than four inches
in thickness, except where driveways cross the sidewalks, where the
thickness shall not be less than six inches.
C.
Established grade requirements. Curbs and sidewalk
pavements shall be constructed substantially to established grade
but shall be connected to an adjoining sidewalk in such manner as
to afford a substantially continuous surface without an abrupt break
or change of grade. The sidewalk shall have a cross-slope toward the
curbline of one-fourth-inch per foot of width and shall be raised
from the top of the curb to the proportion of not more than one-half-inch
nor less than one-fourth-inch for each foot between the curb face
and the near edge of the sidewalk.
D.
Governing specifications. Curbs and sidewalk pavement
shall be constructed in accordance with specifications governing the
same on file in the office of the City Engineer.
[Amended 9-14-2009 by Ord. No. O-33-09]
The following is the fee schedule for construction
permits within a road right-of-way for openings for driveway aprons
and sidewalks:
A.
Responsibility upon landowner. From and after September
8, 1965, no owner of land shall construct, repair, alter or relay
any curbing or sidewalk pavement in the sidewalk abutting said land,
except pursuant to the provisions of this article.
B.
Unpaved or unflagged portion of sidewalks. The unpaved
or unflagged portion of a sidewalk shall be neatly and sufficiently
covered and maintained with grass or sod by the owner or occupant
of the abutting lands. Between the curb and paved sidewalk, the unpaved
portion of the sidewalk shall be graded to afford a substantially
continuous surface with the curb and the sidewalk pavement.
A.
Report; resolution. The Director of Public Works shall
report to the Business Administrator whenever any sidewalk pavement
or curb in the City shall be in a state of disrepair in any manner
or that the flags or other material with which such sidewalk was paved
shall be loose, broken, removed or otherwise in a state of disrepair
or shall not conform to the provisions of this article. The Business
Administrator shall then, in reliance upon the Director's report,
and in consideration of competing demands upon municipal resources,
have the discretion to determine whether there is a need to repair
or improve such sidewalk and to allocate such municipal resources
necessary to effectuate such repair or improvement.
B.
Notice and service thereof. If repairs or improvements
are found to be necessary, the Business Administrator, before proceeding
to authorize the making of such repairs or improvements, or awarding
any contract therefor, shall cause written notice to be served by
certified mail, return receipt requested, upon the owner or occupant
of the property abutting the sidewalk in need of repair or improvement.
Such notice shall contain a description of the property abutting such
sidewalk in sufficient detail to identify the property and sidewalk,
in addition to stating the required repairs or improvements to such
sidewalk. Such notice shall also include a statement requiring that
the repairs or improvements must be completed within 60 days of mailing
of notice, and that in case of failure of the owner or occupant to
complete such repairs or improvements, it shall be the intention of
the City to make or cause to be made such repairs or improvements
at the owner's expense as provided in this article.
C.
Upon receipt of notice by the owner or occupant of
the property abutting such sidewalk in need of repair or improvement,
such owner or occupant shall apply for a construction permit from
the Division of Engineering pursuant to the terms and conditions contained
in this article.
A.
Repair; cost. If the owner or occupant of lands receiving notice as provided in § 365-28B shall not comply with the requirements of such notice, it shall be lawful for the Director, upon filing due proof of the service of publication of the aforesaid notice in the office of the City Clerk, to cause the required work to be done and paid for out of the moneys of the City available for that purpose. The cost of such work shall be assessed against the lands affected pursuant to N.J.S.A. 40:65-8, as amended. Upon the Council's confirmation of the report made by the Director and the filing thereof with the City Assessor pursuant to said statute, the amount of the cost of such work shall be and become a lien upon said abutting lands in front of which such work was done, to the same extent that assessments for local improvements become liens, and shall be collected in the manner provided by law for the collection of such other assessments and shall bear interest at the same rate. In addition thereto, the City may have an action to recover said amount against the owner of said lands in any court having competent jurisdiction thereof, and a certified copy of the aforesaid certificate shall, in such action, be prima facie evidence of the existence of the debt due from said owner to the City.
B.
Reports. In all searches against any lands affected
by any such improvement, it shall be the duty of the City officer
making such search to set out the amount due and unpaid for such improvement,
if such amount appears of record. If the amount of such cost shall
not yet have been reported as herein provided for, it shall be the
duty of said officer to set forth on such search, in brief, a reference
to said improvement and the fact that the aforesaid notice was given
to the owner.
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both.
