Illegal Driveway!

transientangent · Posted: Thu Jan 18, 2007 9:24 pm Post subject: Illegal Driveway!

We recently remodeled the house and have since had some problems with the borough government over the stupidest of ordnances. First, we moved our camper-trailer onto our lawn at the beginning of the summer so there would be more space on the driveway for construction equipment and so on. Only weeks ago did we receive a letter saying that the town noticed the move and that it was against the rules. Now we've been told that they are glad to see we moved the trailer, but that they are displeased with our having repaved the driveway without asking. Before we paved the driveway, it was a mess of uneven asphalt, and the sidewalk was in mild disrepair. (It's much worse in other parts of town, like next door.) Now our driveway is paved with very attractive light gray cobblestones. Now the town is saying that we didn't adhere to New Jersey regulations that sidewalks all be paved with 4 inches of concrete, 6 inches if they're driveway intersections. We are told in this letter that it is each resident's obligation to maintain the sidewalk on their property, and that the town will not be paying for it.

The cobblestones are more eco-friendly than 6 inches of concrete.

The cobblestones are more attractive than 6 inches of concrete.

Despite it being each resident's responsibility, our neighbors have a busted up sidewalk in front of their house that pools up to 6 inches of water when it rains. It has been that way since we moved in.

We probably would have been approved albeit inconvenienced if we had asked the town first.

We've basically concluded that we're going to give them hell if they decide to make a fuss over this.

Moloth · Posted: Thu Jan 18, 2007 9:44 pm Post subject:

ah, bureaucracy.. is there anything you CAN'T fuck up?
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Last edited by Moloth on Tue Feb 30, 2026 13:61 am; edited 426 times in total

aileron · Posted: Thu Jan 18, 2007 10:03 pm Post subject:

If your borough government is anything like my city government, they've got you by the short and curlies. For some reason, sidewalk ordinances are deadly serious to my city government.

I recently had a house built in NC. My builder and the city inspector had an hour long argument about how to pour my driveway so that it complied with the sidewalk ordinance. And here's the thing... I'm the only house at the end of a cul-de-sac where there is no sidewalk, but theoretically there could be one because they “might” continue the existing one where it ends at the start of the cul-de-sac. My builder had to twist and narrow the driveway to get it to comply with the city ordinance.

There are a number of houses in my neighborhood that are on the side opposite the sidewalk, and yet because theoretically they could build a sidewalk on the other side someday, the builders had to make some crazy driveways. One driveway is on a steep slope, and the builder asked for a variance so that the driveway wouldn’t bottom out on the sidewalk, which according to the ordinance has to be flat. The city denied the request, and that’s for a house with no sidewalk on his side of the road “yet” but one already on the other side.

Your best option is to ask your municipal government if they’ll accept a variance because of the high expense for the cost of redoing the work. If they give you a variance, they may ask you to sign what’s called an easement and maintenance agreement that says you'll have to pay for maintenance on that section of sidewalk. Here’s one catch though. The municipal attorney will probably offer such an agreement only if it runs with the land. That means that when you sell the place, the obligation will be transferred to the new owners, and you will be obligated to list the agreement in the disclosures.

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