[Amended 9-28-2010 by Ord. No. O-10-23]
A. The owner,
occupant or tenant of residential premises located in close proximity
to a public elementary school or a public middle school, as depicted
on the maps described in the immediately succeeding paragraph, shall
remove all snow and ice from the abutting sidewalks of such street
or the abutting right-of-way actually used by the public, or in the
event of ice which may be so frozen as to make removal impractical,
shall cause the same to be thoroughly covered with sand or ashes within
48 hours of daylight after the same shall fall or be formed thereon.
B. Exhibits
to this article are maps and street listings identifying the residential
properties subject to the removal provisions of the immediately preceding
paragraph.
C. The owner,
occupant or tenant of commercial premises used by the public or business
invitees shall remove all snow and ice from the sidewalks, streets,
rights-of-way and parking areas used by the public in the transaction
of business thereat within 10 hours after the same shall fall or be
formed thereon. In the event of ice which may be so frozen to make
removal impractical, the owner, occupant or tenant shall cause the
same to be thoroughly covered with sand or ashes within 10 hours after
the same shall fall or be formed thereon.
No owner, tenant or occupant of any premises
abutting on any street shall throw, place or deposit snow or ice into
or on any street, it being the intent and purpose of this provision
to prohibit all persons from throwing, casting, placing or depositing
snow and ice which accumulates within the private property belonging
to that person on the sidewalks or streets of the Township.
In case the procedures required by the §
278-2A are not undertaken or in case snow or ice shall be cast or deposited thereon or placed upon the sidewalks or the street by the owner, tenant or occupant of any premises as hereinabove provided, the same may be removed under the direction of the Mayor, Administrator or Director of Public Works, and the cost of the removal as nearly as can be ascertained shall be certified by the Director of Public Works to the Township Committee. The Township Committee shall examine the certification and if found to be correct shall cause the cost to be charged against the real estate upon which the private street, highway, lane, alley or roadway is located or which is abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien and a tax in the same manner as the taxes next to be levied and assessed upon the premises and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or other penalty for violation of any of the provisions of this article shall not constitute any bar to the right of the Township to collect the cost, as certified, for the removal of snow or ice in the manner herein authorized.
Violations of the provisions of this article shall be punishable as provided in Chapter
1, Article
II, General Penalty.
[Added 4-30-2024 by Ord. No. O-24-3]
The purpose of this article is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater. This article
establishes requirements for the storage of salt and other solid de-icing
materials on properties not owned or operated by the municipality
(privately owned), including residences, in Freehold Township to protect
the environment, public health, safety and welfare, and to prescribe
penalties for failure to comply.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When consistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
DE-ICING MATERIALS
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
PERMANENT STRUCTURE
A.
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled. (New structures require a door or other means of
sealing the accessway from wind-driven rainfall.)
B.
A fabric frame structure is a permanent structure if it meets
the following specifications:
(1)
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
(2)
The design shall prevent stormwater run-on and run-through,
and the fabric cannot leak;
(3)
The structure shall be erected on an impermeable slab;
(4)
The structure cannot be open sided; and
(5)
The structure shall have a roll-up door or other means of sealing
the accessway from wind-driven rainfall.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
RESIDENT
A person who resides on a residential property where de-icing
material is stored.
This article shall be enforced by the Police Department or Code
Enforcement Officer during the course of ordinary enforcement duties.
Any person(s) who is found to be in violation of the provisions of this article shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall be punishable as provided in Chapter
1, Article
II, General Penalty.
Each section, subsection, sentence, clause, and phrase of this
article is declared to be an independent section, subsection, sentence,
clause, and phrase, and finding or holding of any such portion of
this article to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this article.