[Adopted 3-2-1920 by Ord. No. 134; readopted 8-1-1967 by Ord. No. 476 (Ch. 221, Art. II, of the 1975 Code); amended in its entirety 11-14-2011 by Ord. No. 1462-2011]
A. 
Every person, partnership, corporation, or other entity in charge or control of any building or property within the Borough including but not limited to single-family and multifamily residential and commercial, whether an owner, tenant, occupant, lessee or otherwise, shall remove and clear away or cause to be removed and cleared away snow and ice from so much of said sidewalk as is in front of or abuts on said building or property, along with all walkways, handicapped ramps, staircases (including steps), driveways and parking areas on said property. Snow and ice shall also be removed so as to provide access to all fire hydrants located on the property.
B. 
All sideways, walkways, handicapped ramps and staircases shall be cleared to a width of 42 inches or the maximum width of the sidewalk, walkway, handicapped ramp or staircase, whichever is less, in order to provide adequate access for handicapped persons.
C. 
Except as otherwise provided in this article, snow and ice shall be removed from sidewalks, walkways, handicapped ramps, staircases, driveways and parking areas within the Borough within 24 hours after the snowfall, and at all times thereafter said areas shall be kept free and clear of snow, slush and ice.
D. 
In the event that snow and ice on a sidewalk, walkway, handicapped ramp, staircase, driveway or parking area has become so hard that it cannot be removed without likelihood of damage to the area, the person or entity responsible for its removal within the time mentioned in this section shall place sand, ashes, cinders or other approved substance on the area to make travel thereon reasonably safe and shall then, as soon thereafter as weather permits, cause said area to be thoroughly cleaned of all snow and ice.
A. 
No person, partnership, corporation, or other entity in charge or control of any building or property within the Borough shall cause or permit any snow or ice accumulated within the boundaries of the property to be deposited onto, upon, or in a manner so as to limit access to any street, sidewalk, cross-walk or other public property in the Borough, other than such snow and ice that may fall upon that portion of the property between the street and the sidewalk located on said property.
B. 
In accordance with N.J.S.A. 39:4-77.3, the commercial operator of any snowplow, or other snow removal equipment, clearing accumulated snow on private property shall not deposit, or cause to be deposited, such snow on any public road, street, or highway in this state or on public lands. A commercial operator of any snowplow or other snow removal equipment who fails to comply with the provisions of this section shall be liable in an amount set forth in N.J.S.A. 39:4-77.3.
C. 
Notwithstanding the foregoing, snow and ice shall not be placed so as to limit or obstruct the visibility or sight distance of motorists or pedestrians entering or exiting the property.
A. 
In addition to the penalties provided in Subsection B of this section, any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of $50 for a first offense, $100 for a second offense, and $150 for a third or subsequent offense. The continuation of any such violation for each successive day shall constitute a separate offense.
B. 
In the event that snow or ice is not timely removed or is deposited upon any street, sidewalk, crosswalk or other public property in violation of this article, said condition shall be remedied by and under the direction of the officer in charge of the Department of Public Works, and the cost thereof, as nearly as can be ascertained, shall be certified to the Assessor whose duty it is to assess and levy the taxes for said Borough. Said cost shall thereupon become and be a first and paramount lien upon said premises and shall be added to, recorded and collected in the same manner as taxes next to be assessed and levied upon such premises. The imposition and collection of the fine or fines imposed by the provisions of this article shall not constitute any bar to the right of the Borough of Edgewater to collect the costs as certified for the removal of said snow or ice in the manner herein authorized.
[Added 9-18-2023 by Ord. No. 2023-009]
A. 
Purpose:
(1) 
The purpose of this section is to prevent stored salt and other solid de-icing materials from being exposed to stormwater.
(2) 
This section 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 the Borough of Edgewater to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply.
B. 
Definitions: For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section 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
(1) 
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).
(2) 
A fabric frame structure is a permanent structure if it meets the following specifications:
(a) 
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;
(b) 
The design shall prevent stormwater run-on and run-through, and the fabric cannot leak;
(c) 
The structure shall be erected on an impermeable slab;
(d) 
The structure cannot be open sided; and
(e) 
The structure shall have a roll-up door or other means of sealing the access way 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.
STORM DRAIN INLET
The point of entry into the storm sewer system.
C. 
De-icing material storage requirements:
(1) 
Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15 and April 15:
(a) 
Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through;
(b) 
Loose materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, ditches and/or other stormwater conveyance channels;
(c) 
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;
(d) 
Loose materials shall be covered as follows:
[1] 
The cover shall be waterproof, impermeable, and flexible;
[2] 
The cover shall extend to the base of the pile(s);
[3] 
The cover shall be free from holes or tears;
[4] 
The cover shall be secured and weighed down around the perimeter to prevent removal by wind; and
[5] 
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.
[a] 
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;
(e) 
Containers must be sealed when not in use; and
(f) 
The site shall be free of all de-icing materials between April 16 and October 14.
(2) 
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.
(3) 
All temporary and or permanent storage structures must comply with all land use ordinances including all building and zoning regulations which may require certain engineering controls with appropriate land use board approvals.
(4) 
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 section are met. Inspection records shall be kept on site and made available to the municipality upon request.
(a) 
Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections.
D. 
Exemptions:
(1) 
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 deicing 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.
(2) 
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 Subsection C above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
(3) 
This section does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under another NJPDES permit.
E. 
Enforcement: This section shall be enforced by and not limited to the Edgewater Building Department, Zoning Administrator, Department of Public Works, and Municipal Engineer, during the course of ordinary enforcement duties.
F. 
Violations and penalties: Any person(s) or entity who is found to be in violation of the provisions of this section shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall result in fines as follows: $200 per day per violation for the first 10 days; $500 per day per violation for days 11 through 20; $1,000 per day per violation for day 21 and over until violations have been abated.
G. 
Severability: Each section, subsection, sentence, clause, and phrase of this section is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this section.
H. 
Effective date: This section shall be in full force and effect from and after its adoption and any publication as may be required by law.