§ 276-41. Streets, curbs and sidewalks.

A. 

Streets.

(1) 

All developments shall be served by paved streets in accordance with the approved subdivision and/or site plan, and all such streets shall have an adequate crown. The arrangement of such streets not shown on the Master Plan or Official Map, as adopted by the City, shall be such as to provide for the appropriate extension of such streets.

(2) 

In all developments, the minimum public street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, provided that any new street that is a continuation of an existing street shall be continued at a width equal to that of the existing street, although a greater width may be required in accordance with the following schedule, unless otherwise determined by the City Engineer:

	Right-of-Way Width (feet)	Traffic Lanes Number	Width (feet)	Shoulder Width Within Gutters (feet)	Width Outside Gutters On Each Side (feet)	Width Between Gutters and Curbs (feet)
Collector	66	2	12	8	13	40
Local	50	2	15	—	10	30

(3) 

In the event that a development adjoins or includes existing streets that do not conform to the street width requirements of this chapter, additional land along either or both sides of the street, sufficient to conform to the right-of-way requirements, shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way. The necessary deeds of ownership shall be furnished and the dedication shall be expressed as follows: "Street right-of-way granted for the purposes provided for and expressed in the Land Development Ordinance of the City of North Wildwood." If the development is along one side only, 1/2 of the required extra width shall be dedicated and the road shall be improved, including excavation, base course, surfacing and drainage improvements in accordance with the approved application, which may require that the improvements extend across the center line of the road.

(4) 

No street shall have a name which will duplicate or so nearly duplicate the name of an existing street name that confusion results. The continuation of an existing street shall have the same name. The Board reserves the right to approve or name streets within a proposed development.

(5) 

The pavement width of streets and the quality of subsurfacing and base materials shall adhere to the minimum standards set forth by the County or State Engineers when said paving concerns roads under their jurisdiction and where such standards exist. Concerning streets under the jurisdiction of the City, the following standards shall apply:

(a) 

All construction shall be in accordance with the Standard Specifications for Road and Bridge Construction, 1983, as prepared by the New Jersey State Department of Transportation and any supplements, addenda and modifications thereto.

(b) 

On all municipal roads, the base course shall be six inches of soil aggregate.

(c) 

The surface course for all municipal roads shall consist of two inches of Bituminous Concrete, Type FABC, Mix No. 1-5, applied according to the aforesaid New Jersey Department of Transportation specifications and amendments thereto.

(d) 

Where subgrade conditions of proposed street areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subgrade, the treatment of the subgrade shall be made in the following manner: The areas shall be excavated to a suitable depth below the proposed finished grade and filled with a suitable subgrade material as reasonably determined by the City Engineer. Where required by the City Engineer, a system of pourous concrete pipe subsurface drains or an alternate solution approved by the City shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the street surfacing material, as described hereinabove, shall be spread thereon.

B. 

Curbs. Curbing, either Belgian block, granite or concrete, is required along both sides of all streets. All curbing shall be laid in the manner approved by the City Engineer, including both horizontal and vertical alignments. Depressed curb ramps for the handicapped shall be installed at all radii in accordance with the laws of the State of New Jersey.

(1) 

New curbs constructed in combination with new streets approved as part of a subdivision and/or site plan shall be constructed in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (NJSA 5:21-1 et seq.).

(2) 

Before any new construction work undertaken through a construction permit application and/or Board-approved resolution of approval, areas of curb and sidewalk in existing disrepair, as determined by the Zoning Official, shall be repaired as part of the new construction in accordance with City standards. All sidewalks, curbs, and driveways, including repairs, replacement and reconstruction thereof, shall be constructed to the strict line and grade as established by the City Engineer and of the materials as specified by City standards.

(a) 

Whenever a sidewalk corner curb is repaired or replaced, the repair or replacement shall comply with the requirements of the American with Disabilities Act (ADA) requiring a ramp leading from the sidewalk to the road, through the curb, so as to, provide a smooth unrestricted passageway between the road and the sidewalk. In connection with the repair or replacement of any other curbs, the same compliance with ADA may be required, depending upon the availability of other ramps in the general vicinity. The owner and/or constrained doing the work must apply at the City Zoning Office for a permit and shall be advised of the applicability of the ADA requirements at that time. Specifications therefor are on file in the City Zoning Office.

C. 

Sidewalks and aprons.

(1) 

Existing sidewalks and aprons are required on both sides of all existing and proposed streets, and in accordance with approved City Typical Section. Pleas refer to Appendix XX.

Editor's Note: Appendix XX is on file in the City offices.

(2) 

Existing sidewalks shall be at least five feet wide and shall be four inches to six inches thick, constructed on a subgrade properly prepared as required by, and with the approval of, the City Engineer and in accordance with approved City Typical Section. Please refer to Appendix XX.

(3) 

New sidewalks and aprons constructed in combination with new streets approved as part of a subdivision and/or site plan shall be constructed in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.S.A. 5:21-1 et seq.).

D. 

Liability of contiguous land owner and notice to repair.

(1) 

The responsibility of maintaining the existing sidewalk, curb and private driveway all lying within the bed of a public street is upon the contiguous property owner, who should maintain said areas so that they do not become dangerous to the public. Said owner should replace, reconstruct, or repair same as needed. The responsibility of said owner does not depend upon being notified to make repair by the City. However, in the event the City of North Wildwood should determine that any existing sidewalk, curb or driveway, which is located within the public right of way, is in such condition that it should be replaced, reconstructed, or repaired, or does not conform to the provisions of this chapter, the Zoning Officer is authorized to give notice to the property owner to replace, repair, or reconstruct the same within 30 days from the service of such notice.

(2) 

Whenever any lot, tract or parcel of land is located in an area where public convenience and necessity require the construction of a curb or sidewalk, or both, the Zoning Official and/or Construction Official is hereby authorized and empowered to give notice to the property owner to cause the same to be constructed within 30 days from the service of the notice. Such areas are intended to mean those where the general public would be likely to pass or repass with reasonable frequency; those located where the lands abutting have improvements erected thereon, and lands located in vicinity which has been developed by the construction of improvements on other lands. Whenever a notice is required by this chapter to be given by the Zoning Official and/or Construction Official, such notice shall be in writing. Service of the notice shall be by personal service upon the owner if the owner is domiciled in North Wildwood, or by service at the owner's place of abode upon any member of the owner's family who has attained 15 years of age. Service upon an owner who cannot be served as above set forth shall be deemed sufficient if mailed by registered mail or certified mail, with postage prepaid, to the owner at the owner's address as disclosed by the latest official records of the Tax Assessor.

(3) 

Work to be done by City.

(a) 

In the event the owner does not make the replacement, report or reconstruction as required by the notice and the provisions of this chapter herein, the City may make the necessary replacement, repair or reconstruction, and the cost of the work shall be assessed against the lands of the owner in the manner prescribed by law.

(b) 

Additionally, whenever directed to act by the Mayor and Council in specific instances, the Construction Official or the Zoning Officer shall utilize the provisions of N.J.S.A. 40:65, by giving notice to the owner that unless the owner completes the particular replacement, repair or reconstruction of a sidewalk, curb, or driveway within 30 days after service of the notice, the City will make the improvement at the sole expense of the owner. The cost of the work shall be assessed against the real estate of the owner in the manner prescribed by law.

(4) 

Enforcement. The Construction Official, Zoning Officer and Code Enforcement Officer hereby are empowered to enforce this article and the several provisions thereof. The Zoning Official and/or Construction Official are hereby further empowered to enforce the discretionary powers which are considered necessary in order to make the provisions hereof properly effective and useful for the benefit of the public. In order to avoid injustice, the possible abuse of discretion and to correct the possibility of error in judgement, any owner who received a notice from the Construction Official, Zoning Officer and Code Enforcement Officer has the right to appeal to the Mayor and Council by filing a notice of appeal with the City Clerk within the thirty-day period heretofore mentioned. Upon receipt of any such notice of appeal, the Mayor and Council will hear the appeal at its regular meeting, at which time the owner and any other persons appearing in the matter will be heard or afforded the opportunity to be heard. After the hearing, the Mayor and Council will consider the matter, reach a decision and notify the owner thereof.