Toms River City Zoning Code
§ 348-8.25
Sidewalks and aprons.
A.
General requirements.
(1)
Sidewalks shall be constructed on both sides of all streets within a development and entirely around the perimeter of all culs-de-sac. Where the development abuts an existing street, the sidewalk shall be constructed only on that side. Sidewalks shall also be constructed at any other places, such as pedestrian walkways or access points to open space, as shown on or required at the approval of the final plat.
(2)
The requirements of the Standard Specifications regarding curing precautions must be strictly observed.
B.
Location. Sidewalks within street rights-of-way shall generally be located with the sidewalk edge farthest from the roadway placed one foot from the property line. Sidewalks not within street rights-of-way shall be located to provide for the most likely routes of pedestrian travel. In cases where the topography dictates or a proposed development provides for the extension of an existing street or abuts an existing street, where sidewalks have already been installed in a location other than as specified above or where such variations in sidewalk locations are needed to preserve trees or natural features, the Planning Board may approve alternate sidewalk locations in order to provide for the preservation of physical features or the continuation of the existing sidewalks.
C.
Sidewalk construction.
(1)
Sidewalks shall be four feet wide and four inches thick, except crossing driveways, where the thickness shall be increased to six inches for residential uses and all drives to parking areas of less than 50 spaces and to eight inches for all other uses. Where the Planning Board determines that a sidewalk may be subject to unusually heavy pedestrian traffic it may require that its width be increased (to a maximum of eight feet). All sidewalk construction shall be in accordance with the applicable requirements of the Standard Specifications. Concrete shall be Class C, air-entrained. Preformed bituminous cellular joint fillers 1/2 inch thick shall be placed at intervals not exceeding 20 feet. Dummy (formed) joints shall be cut into the concrete sidewalk between the expansion joints at equal intervals not exceeding the width of the sidewalk.
(2)
The sidewalk subgrade shall be compacted prior to the placement of any sidewalk. Any unsuitable material encountered in the subgrade shall be removed and replaced with suitable material acceptable to the Engineer. All six-inch or eight-inch sidewalk areas crossing driveways shall be reinforced at the midpoint or one-third points, respectively, of the sidewalk section. Reinforcing shall be welded wire fabric (66-1212) or an equivalent approved by the Township Engineer.
D.
Apron construction. Reinforced concrete aprons shall be constructed at all driveways between the concrete curb (or combination curb and gutter) and the concrete sidewalk. Such aprons shall be six inches thick for residential uses and all drives to parking areas of less than 50 spaces and eight inches for all other uses and shall be reinforced with welded wire fabric (66-1212) or an equivalent approved by the Township Engineer, located at the midpoint or one-third points, respectively, of the apron section. Concrete shall be Class C, air-entrained. The width of the apron at the curbline shall be not less than the width of the driveway plus 10 feet or a minimum of 20 feet, whichever is greater.
E.
Driveway depressions. At each driveway without curb return radii, the concrete curb or combination curb and gutter shall be depressed to form a driveway opening. The depression shall be equal in length to the width of the driveway plus 10 feet, but not less than 20 feet. At driveways with curb return radii, the curb depression shall accommodate the exterior limits of the radii. The depression shall be smoothly formed to maintain a lowered curb face across the depression of at least one inch, but not more than two inches. The bottom of the curb shall be lowered to maintain full curb depth across the depression.
F.
Alternate sidewalk or apron types and/or locations.
(1)
In areas where alternate sidewalk or apron types and/or locations are proposed or desired, either for decorative purposes or because of physical restrictions or existing conditions, a detail of the type and/or location of sidewalk and apron proposed shall be submitted for approval with the preliminary and/or final plat.
(2)
Continuous slip-formed sidewalks may be permitted if such is considered to be desirable by the Township Engineer. The use of continuous slip-formed sidewalks may only be permitted if the applicant submits, for review and approval, details and specifications concerning the equipment, materials and methods proposed for use and if the Township Engineer has inspected the installation and tested and approved a suitable sample section of such sidewalk. In the event the Township Engineer does not approve the sample section of continuous slip-formed sidewalk, the developer shall remove the sample section and replace it with a type of sidewalk permitted by this chapter or such other alternate as may be approved by the Planning Board.
G.
Sidewalks and curbing; Pedestrian Safety Fund.[1]
[Added 7-19-2005 by Ord. No. 3958-05]
(1)
Sidewalk and curbing requirements. Notwithstanding any provision to the contrary in Chapter 348, sidewalks and curbing shall be required along all street frontages as a condition relating to any minor subdivision, major subdivision, minor site plan or major site plan approval granted by the Toms River Township Planning Board or Toms River Township Board of Adjustment. The proposed curbing shall be designed and constructed in accordance with the requirements of § 348-8.11 of Chapter 348 and the proposed sidewalk shall be designed and constructed in accordance with the requirements of this section.
(2)
Payment in lieu of sidewalk and curbing.
(a)
Any developer seeking minor subdivision, major subdivision, minor site plan and/or major site plan approval may request a waiver of the requirement to install curbing and sidewalks along all street frontages of the subject property by agreeing to pay a sum to the Toms River Township Pedestrian Safety Fund equal to the cost of said curbing and sidewalk. Said cost shall be determined by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality.
(b)
In determining whether to grant the requested waiver and accept a payment in lieu of the installation of sidewalk and curbing, the Planning Board or Board of Adjustment shall consider the following factors:
[1]
The presence or absence of curbing and sidewalks in the general vicinity of the subject property.
[2]
The practical difficulty as established by the applicant of installing such improvements in or adjacent to the subject property due to exceptional topographic conditions, drainage concerns and/or the deleterious impact to surrounding properties as a result of the installation of such improvements.
[3]
The recommendation of the Board or Township Engineer.
(3)
Toms River Township Pedestrian Safety Fund.
(a)
There is hereby established the Toms River Township Pedestrian Safety Fund (hereinafter "fund").
(b)
Said fund shall be dedicated to pay for the cost of designing and constructing various pedestrian safety projects within Toms River Township.
(c)
All monies paid by developers in accordance with this section shall be deposited into said fund.
(d)
The Chief Financial Officer of the Township is hereby directed to establish and maintain the fund and to make disbursements upon the request of the Township Engineer for designated pedestrian safety improvements.
(4)
Appeal process. Any developer objecting to the payment of monies into the Pedestrian Safety Fund shall have the right to appeal to the Township Division of Law concerning the application of this section. The Director of the Division of Law shall review all documents submitted by the developer for the purpose of determining if the developer should be exempt from making payment to the fund. The decision of the Director shall be final and binding on the developer.
[Added 5-26-2009 by Ord. No. 4202-09]
[1]
Editor's Note: Former Subsection G, Curb ramps for the physically handicapped, was repealed 11-10-1992 by Ord. No. 2941-92.