[HISTORY: Adopted by the Township Committee
of the Township of Freehold 3-28-1966 (§ 6-6 of the Revised
General Ordinances), as amended through Ord. No. O-94-11. Subsequent
amendments noted where applicable.]
[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.
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.
A.
The owner of real property upon which there has been
constructed any private street, highway, lane, alley or other roadway
which is open to the public or residents of the development or to
which the public is invited shall commence snow and ice removal from
and application of sand and/or salt on such street, highway, lane,
alley, or other roadway within four hours after the same shall first
fall or be formed thereon; shall continue snow and ice removal and
sanding or salting during the duration of the storm in such a manner
as to render such street, highway, lane, alley, or other roadway passable
and safe; and shall have removed all snow and ice therefrom within
10 hours after the cessation of precipitation.
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.
[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.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
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.)
A fabric frame structure is a permanent structure if it meets
the following specifications:
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;
The design shall prevent stormwater run-on and run-through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll-up door or other means of sealing
the accessway from wind-driven rainfall.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A person who resides on a residential property where de-icing
material is stored.
The point of entry into the storm sewer system.
A.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15 and April 15:
(1)
Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
(2)
Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels;
(3)
Loose materials shall be maintained in a cone-shaped storage pile.
If loading or unloading activities alter the cone shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
(4)
Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
[1]
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used.
(5)
Containers must be sealed when not in use; and
(6)
The site shall be free of all de-icing materials between April 16
and October 14.
B.
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 through April 15.
C.
All temporary and/or permanent structures utilized for the storage
of de-icing materials must also comply with all other local ordinances,
including building and zoning regulations.
D.
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this article are met. Inspection records shall be kept on site
and made available to the municipality upon request.
(1)
Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
A.
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
B.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in § 278-8 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
C.
This article does not apply to facilities where the stormwater discharges
from de-icing material storage activities are regulated under another
NJPDES permit.
This article shall be enforced by the Police Department or Code
Enforcement Officer during the course of ordinary enforcement duties.
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.
