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Lyndhurst City Zoning Code

§ 21-5.13

Public Right-of-Way to Remain Open During Construction in Connection with Residential Building.

[Ord. No. 2547, § 1]
During construction of a new building or remodeling or renovation of an existing building, all or a portion of which consists of, or is intended to consist of, a residential use, the public right-of-way or sidewalk fronting the building shall remain open and protected in order for pedestrians to pass safely. No permit shall be issued for construction unless a proposed plan demonstrating the manner in which the right-of-way or sidewalk will remain open and protected is submitted and approved by the construction official. Barricades which block the right-of-way or sidewalk for more than a period of one day shall be prohibited. The use of gravel, or a similar material, in the right-of-way during construction shall be acceptable until new sidewalks are installed. In the event that the right-of-way or sidewalk does not remain open during construction in accordance with the requirements of this subsection, the department of public works of the Township of Lyndhurst shall have the authority to take appropriate action to keep the right-of-way open and protected. The cost of such service by the department of public works shall be imposed against the owner, contractor, or other person interested as general agent, architect, building contractor, owner, tenant, or any other persons who commit, take part, or assist in any violation of this subsection. A fine shall also be imposed for any violation of this subsection, pursuant to Section 21-14 of this chapter. The director of the department of public works, or his duly designated representative, shall certify to the tax collector/treasurer/chief financial officer of the department of revenue and finance the cost of the performance of the work and any penalty imposed, and upon the filing of the certificate by the director of the department of public works or his duly designated representative with the tax collector/treasurer/chief financial officer, it shall thereafter cause a lien to be placed upon the abutting lands wherein the work was performed.