[Amended 12-28-2006 by Ord. No. 2006-15; 1-27-2011 by Ord. No.
2011-1]
It is the purpose of this article to address situations in which
the owners and or developers of certain private streets, sidewalks,
bike paths, and other paved common areas not yet dedicated to, and/or
accepted by the Township, have not adequately and/or expeditiously
provided for certain removal of snow and ice from those areas. The
failure to properly address those weather conditions jeopardizes the
health and safety of municipal residents, visitors, and both the traveling
and pedestrian public. This article is adopted pursuant to the authority
vested in the governing body pursuant to N.J.S.A. 40:48-2 and such
other enabling legislation as may be applicable.
As used in this article, the following terms shall have the
following meanings indicated:
Shall include those bike paths, sidewalks, or other paved common areas either dedicated to, but not accepted by the Township, those intended to be dedicated to the Township, but not yet offered for dedication, and those not intended to be dedicated to the Township, but open for public use and any and all sidewalks, bike paths, or other common areas which are paved and/or otherwise identified for pedestrian traffic within any approved subdivision (major or minor) as that term is defined in Chapter 130, Land Development, of the Code of the Township of Chesterfield.
Shall include those streets, roads, alleyways or highways either dedicated to but not yet accepted by the Township, those intended to be dedicated to the Township, but not yet offered for dedication, and those not intended to be dedicated to the Township, but open for public use, and any and all streets within any approved subdivision, as that term is defined in Chapter 130, Land Development, of the Code of the Township of Chesterfield.
A.
The owners or owners and/or developers of private sidewalks, bike
paths or other paved common areas in Chesterfield Township are hereby
required to remove all snow and ice from the paved portion of said
private sidewalks, bike paths, and other paved common areas edge to
edge whenever conditions have developed so as to create driving, walking
or bicycling hazards. The accumulation of two inches of snow or 1/8
inch of ice shall be conclusively presumed to create such hazardous
conditions. In the event that ice conditions are such that removal
is impracticable, the ice shall be thoroughly covered with sand or
other traction-producing substance so as to ameliorate the hazard.
Notwithstanding the foregoing, owners and/or developers shall commence
clearing of snow and ice from streets at any time when the need is
determined and direction is issued by the Chief of Police or Public
Works Director.
[Amended 2-9-2011 by Ord. No. 2011-2; 3-13-2014 by Ord. No. 2014-3]
B.
In the case of all such subdivisions and residential or commercial developments containing paved common areas as described in Subsection A, above, the owner and/or developer shall designate a contact person, with address and telephone number, who can be notified by the Township in the event that the Township determines that the owner and/or developer is not promptly complying with the provisions of this section. Notwithstanding any other provisions of this chapter, the Township, in the absence of prompt compliance by the owner and/or developer, may undertake the snow and ice removal and recover the costs of such action pursuant to § 164-5, together with attorney's fees and costs of suit.
[Amended 3-13-2014 by Ord. No. 2014-3]
C.
In the event that the owners and/or developers of the properties
described in this article are not the same entity or person, then
it is the intent of the governing body of the Township of Chesterfield,
that the owners and developers shall be jointly and severally liable
to and responsible for compliance with the provisions of this article.
D.
In removing any snow or ice, no owner, occupant or tenant of any
premises abutting on any street shall throw, place or deposit any
snow or ice into or upon any street in the Township, nor shall any
such person throw, place or deposit any snow or ice accumulating on
any private property into or upon any Township street.
[Added 3-13-2014 by Ord. No. 2014-3]
