§ 247-27. Curb/sidewalk waiver request provisions.
[Amended 5-16-2016 by Ord. No. 010-2016]
   The primary function of concrete curbs and sidewalks shall be to provide for safe pedestrian movement throughout various parts of the town. Unless specifically waived by the Planning Board or Zoning Board, curbs/sidewalks shall be installed along all streets for all types of development within the Town of Hammonton.
   A.   For the purpose of this section, the town shall be divided into three curb/sidewalk areas to provide flexible curb/sidewalk requirements and encourage a functional and usable curb/sidewalk system. The areas will be referenced by zoning districts as designated on the current zoning map for the town that fall within the Pineland Town boundary designation.
      (1)   Curb/Sidewalk Area #1 shall consist of the following zone districts as depicted on current zoning map for the town: All Downtown DT-1 through DT-4, all Gateway, GW-1 through GW-3, R-1, R-2, M2-A, R-3A and the HB, Highway Business Districts. Curb/Sidewalk Area #1 includes those portions of the town where the highest pedestrian traffic is anticipated. The continuation of the existing curb/sidewalk system is, therefore, very important for the safe movement of pedestrians and also allows connections to existing and future pedestrian traffic generators, downtown and commercial corridor businesses, parks, public transportation and residential segments.
      (2)   Curb/Sidewalk Area #2 generally includes those portions of the town located just beyond the more heavily developed Curb/Sidewalk Area #1 and shall include the following Zoning Districts: M1, M2 and R3. Because of the proximity to schools and existing future pedestrian traffic generators, transit facilities and parks, the need for curbs/sidewalks in these areas is high.
      (3)   Curb/Sidewalk Area #3 consists of all lands within the RR (Rural Residential) and REC (Recreational Zone Districts) Curb/Sidewalk Area #3 is similar to Curb/Sidewalk Area #2, with the exception that the maximum permitted residential densities are lower. The need for curbs/sidewalks is high in the vicinity of pedestrian traffic generators, schools, parks and transit facilities and commercial corridors, etc.
   B.   The requirements of this section relating to the construction of curb/sidewalks may be modified and/or waived by the Planning Board or Zoning Board, if requested by the applicant/developer, upon the Board's determination that both the area to be developed and the entire town would be better served by waiving the requirement for the installation of curb and sidewalk. The Planning Board or Zoning Board shall have sole jurisdiction to waive curb and/or sidewalks. The Planning Board shall hear all applications for a waiver in cases where no subdivision or site plan application is involved. The Planning Board or Zoning Board shall review such requests taking into consideration § 247-27(A)(1-3), the location, topography and particular characteristics of the land in relation to the Master Plan and Land Development Ordinances of the Town of Hammonton.
   C.   Where the requirements of this section relating to the construction of curb/sidewalks have been waived by the Planning Board or Zoning Board, a ten-foot-wide cleared and graded area (parallel to the roadway) shall be provided, partly to provide for pedestrian safety and partly to provide area for future curb/sidewalk construction if the need arises. The composition of the graded area shall be at the discretion of the Planning Board or Zoning Board.
   D.   A 12-foot wide pedestrian easement perpendicular to the roadway may be required by the Planning Board or Zoning Board through the center of blocks more than 600 feet long to provide circulation or access to schools, playgrounds, shopping or other community facilities.
   E.   The Town Engineer has the right to increase the dimensions referenced in paragraphs C and D above for unusual configurations and/or the requirement for additional circulation with a commensurate increase in the cost.
   F.   Material and construction. Walks shall be constructed of portland cement concrete. Concrete shall be Class C having a 28-day compressive strength of 4,000 pounds per square inch, unless otherwise stipulated by the governing body having jurisdiction over the affected roadway frontage.
   G.   Joint fillers shall be of the preformed bituminous cellular type and preformed bituminous type.
   H.   Dimensions of the concrete walks shall be at least five feet wide and at least four inches in thickness, except at points of vehicular crossing where the minimum thickness shall be six inches.
   I.   The walks shall be located at least five feet back from the curbface.
   J.   Expansion joints shall be provided with filler materials not more than 20 feet apart.
   K.   Transverse surface grooves shall be cut in the walk between expansion joints at intervals equal to the walk width.
   L.   All edges shall be neatly rounded to 1/4 inch.
   M.   The finish shall be made with a wood float, followed by brushing with a wet soft-hair brush to a neat and workmanlike surface.
   N.   Handicap ramps shall be provided at all intersections and other areas of expected pedestrian crossing in accordance with the latest NJDOT and ADA standards.
   O.   The walk shall be gently graded toward the gutter line with a slope of 2%.
   P.   For any development or developments not involving subdivision or site plan review, if the requirements pertaining to the installation of curbs/sidewalks in a specific area are impractical or exact undue hardship to an applicant due to peculiar or unusual conditions of the land in question, the applicant may apply for a waiver of the requirements set forth in this chapter. Public notice shall not be required.
   Q.   The approval to allow for the developer/applicant to receive a curb/sidewalk waiver does not relieve the developer/applicant and owner from entering into an agreement with the town that, should the municipality at a future date elect to install curbs and sidewalks along the affected road, said applicant and owner shall give an irrevocable authorization which shall be binding on any future owner to the Town Clerk/Administrator to vote his/her front footage for the assessment of benefits proposal, which authorization shall run with the land (with the cost of any recording of same to be borne by the applicant). Upon the curb and sidewalk improvements being subsequently installed in front of his/her premises pursuant to an assessment of benefits procedure, the cost shall be assessed against the property owner in the same manner as all other municipal improvements.