All owners of real estate in the Borough of Haddonfield lying or fronting on any part of a public thoroughfare shall within 90 days after written notice given by the Construction Code Official of the Borough of Haddonfield construct, repair, or reconstruct, as the case may be, sidewalks and/or curbing (as the notice so indicates) along the property of the real estate owner where said construction, repair and/or reconstruction has been deemed necessary pursuant to an inspection by the Borough of Haddonfield.
[Adopted 4-27-1982 by Ord. No. 1364]
Notice as provided herein shall be in accordance with N.J.S.A. 40:65-1 et seq., which shall contain a description of the needed improvement and a provision that unless the owner completes such improvement within 90 days the Borough of Haddonfield will make such improvement at the owner's expense identifying the cost.
The cost of all construction, repair or reconstruction of sidewalks and curbing in the Borough of Haddonfield shall be at the expense of the real estate owner of the lands contiguous with the required improvement.
[Amended 2-22-2005 by Ord. No. 2-2005]
If any owners or persons shall fail to construct or repair such sidewalks, pavement or curbing for the space of 90 days after service of the notice requiring such work to be done, the Board of Commissioners may then cause the work to be done, and the cost thereof, with interest, shall be assessed upon the lot or lots of land in front of which such sidewalks or curbing shall have been so constructed or repaired. Such assessments shall become and maintain a lien on said lot or lots and shall be enforced in the manner herein provided for other assessments for public improvements.
[Added 2-22-2005 by Ord. No. 2-2005]
No sidewalk or curbing in the Borough of Haddonfield may be removed by any person without the express written permission of the Board of Commissioners.
[Added 2-22-2005 by Ord. No. 2-2005]
Whenever sidewalk and curb is installed or replaced at an intersection of streets or where an approved crosswalk is provided, the installation shall provide for a ramp to allow safe access to the street for crossing purposes in accordance with New Jersey Department of Transportation standards.
[Added 2-23-2016 by Ord. No. 2016-01]
A.
Upon the signing of a contract for sale of real estate in the Borough of Haddonfield an exterior property inspection shall be required, prior to the transfer of legal title, by an inspector of the Borough of Haddonfield to determine whether repair or replacement of sidewalks, driveway aprons or walkways in the public right-of-way may be deemed necessary.
B.
Upon signing of a contract for sale of real estate in the Borough of Haddonfield, a party to the sale transaction shall notify the Borough of Haddonfield at least 30 days prior to the legal transfer of title to the property of such pending anticipated sale.
C.
In the event that the inspection disclosed that a tripping hazard exists as defined herein in the sidewalk, driveway apron, or walkway in the public right-of-way, the property owner shall be notified to replace or repair that which is the cause of the tripping hazard.
D.
A tripping hazard exists if any one or more of the following exists:
(1)
A crack exists wherein it causes a portion of the sidewalk, driveway apron, or walkway in the public right-of-way to be raised 1/2 of one inch or more above the contiguous portion of the sidewalk, driveway apron, or walkway in the public right-of-way.
(2)
The surface of the sidewalk, driveway apron, or walkway in the right-of-way exhibits 1/2 of one inch or more deep holes or irregular or crumbled surface, or an abrupt one-half or more change in uneven continuous surfaces so as to cause a tripping hazard.
(3)
Where there are elevation variations of 1/2 inch or more of adjacent blocks or portions of blocks in the sidewalk, driveway apron, or walkway in the public right-of-way.
(4)
Where there are elevation variations of 1/2 inch or more of adjacent bricks, pavers, slate or other such construction materials in the sidewalk, driveway apron, or walkway in the public right-of-way.
E.
In the event that the inspector deems that a repair and/or replacement is necessary, the property owner will be notified and such repair and/or replacement shall be completed and the Borough of Haddonfield notified of such completion at least seven days prior to legal transfer of title. The inspector will inspect the completed repair and/or replacement and issue a certificate of compliance if the repair and/or replacement is completed to the inspector's satisfaction.
F.
No legal transfer of title to any real estate in the Borough of Haddonfield shall occur if the repair and/or replacement as required by the inspector has not been completed and a certificate of compliance issued. In the event the required repair and/or replacement cannot be completed prior to the legal transfer of title, sufficient moneys shall be placed in escrow with a party to the sale to satisfy the cost of the required repair and/or replacement, and such repair and/or replacement shall be completed within 30 days following the transfer of title, which can be extended by the inspector for weather conditions or other such just cause.
G.
An inspection fee of $50 shall be charged for the initial inspection and also included in that fee is the first inspection following the completion of repairs and/or replacements. For a reinspection and each subsequent reinspection there shall be a fee of $25 for each subsequent reinspection.
(1)
In the event that the Borough of Haddonfield does not receive the initial thirty-day notice timely, or notice within five days of the signing of the contract for sale of real estate, whichever is later, or does not receive the seven-day notice of completion of repair and/or replacement timely, then an additional late fee of $25 shall be charged for each failure to give timely notice.
[Added 2-23-2016 by Ord. No. 2016-01]
A.
Property owners are prohibited from constructing, installing, placing, etc. In the Borough of Haddonfield's right-of-way or on Haddonfield property, fences, steps, walkways, retaining walls, statues and other such structures. Property owners are also prohibited from planting, placing, etc. trees, plants, shrubs and other such plant life in the Borough of Haddonfield's right-of-way or on Haddonfield property.
B.
The Borough of Haddonfield in its sole discretion may require the property owners to remove the above referred to structures and/or plant life from the Borough of Haddonfield's right-of-way or Borough of Haddonfield property. In the alternative, the Borough of Haddonfield may remove such structures and/or plant life from the Borough of Haddonfield's right-of-way or Borough of Haddonfield property at the property owner's expense.
C.
Any structures and/or plant life in the Haddonfield right-of-way or on Borough of Haddonfield property shall be the responsibility and liability of the contiguous property owner, except structures installed by a governmental agency such as stop signs, fire hydrants, street signs, parking signs and such other structures, and except plant life planted by a governmental agency.
[Amended 2-22-2005 by Ord. No. 2-2005]
All sidewalks and curbing shall be constructed in accordance with Borough standards, as published in the Borough Technical Specifications and Standards or with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.).
[Amended 2-22-2005 by Ord. No. 2-2005]
All work or labor to be done or performed or material furnished under the provisions of this article shall be done, performed and furnished to the satisfaction of the Construction Official or his/her designee. The Borough Engineer may be consulted for technical advice.
[Added 6-27-1995 by Ord. No. 1713; amended 5-10-2011 by Ord. No. 2011-08]
Prior to performing any work to install, replace or repair any sidewalk, curb or driveway apron within the public right-of-way in the Borough of Haddonfield, a permit must be obtained from the Borough Clerk of the Borough of Haddonfield. A fee shall be paid for said permit as follows:
A.
For the first 50 square feet of sidewalk adjacent to a lot, the fee shall be $25, and $1 for every 50 square feet or portion thereafter.
B.
For the first 50 linear feet of curb adjacent to a lot, the fee shall be $25, and $1 for every 50 linear feet or portion thereafter.
C.
For every driveway apron connecting to a legal driveway or parking area on a lot, the fee shall be $25.
D.
In addition to the normal charges above, a late charge of $10 must be paid when a permit is obtained after work has commenced but prior to any written notice by a Borough representative either for failure to obtain the required permit or requiring repair or for repair or replacement as provided for in this article.
E.
In addition to the normal charges above, a late charge of $20 must be paid when a permit is obtained after work has commenced following any written notice by a Borough representative either for failure to obtain the required permit or requiring repair or for repair or replacement as provided for in this article.
