[Adopted 12-8-2010 by Ord. No. 2010-19]
The intent of this article is to require that all mailboxes
placed upon Township-owned right-of-way be placed in such a manner
that allows for efficient snow and/or ice removal from and maintenance
of the rights-of-way. It is the further intent of this article to
require that all garbage/recycling containers, basketball equipment,
including, but not limited to, posts, backboards and rims, are located
a safe distance from Township-owned roads and rights-of-way so as
to allow for the efficient snow/or ice removal from and maintenance
of the rights-of-way and a procedure for yard damage due to the removal
of snow from the street.
A.
Any mailbox
placed upon a Township-owned right-of-way shall be installed at a
height of 41 inches to 45 inches from the road surface to inside floor
of the mailbox or point of mail entry (locked designs) and shall be
set back at least eight inches from front face of curb or road edge
to the mailbox door.
B.
Replacement
of damaged mailboxes and posts.
[Amended 11-13-2019 by Ord. No. 2019-08]
(1)
For any mailbox located in a Township-owned right-of-way, the Township
of Mansfield will replace mailboxes and/or posts damaged due to snow
and/or ice removal and/or maintenance operations with a standard mailbox
and post only under the following circumstances:
(a)
Physical damage caused by actual contact with Township-owned
and operated equipment, which damage and contact can be proven and
documented by the owner;
(b)
The mailbox and/or post is of standard design and placed in
conformance with this article; and
(c)
The existing installation, mailbox, and mailbox post were in
good condition and repair prior to the alleged event causing damage.
(2)
The
Township will not make repairs or install the mailbox or post replacement.
(3)
Nothing in this section or in this article shall be construed in
any way to waive any or all defenses available to the Township under
Title 59 of the New Jersey Statutes.
C.
The Township
shall not be liable and shall not repair or replace mailboxes or posts
located in Township rights-of-way where the Township determines that:
D.
In the
event that actual physical contact with Township-owned equipment damages
a mailbox installed in accordance with this article, the Township
will install a new, green-treated post and/or standard black mailbox.
If the property owner desires a nonstandard mailbox, the Township
will reimburse the property owner up to $50 towards replacement costs.
If any damage exceeds $50, the property owner shall be responsible
for any costs above the $50 approved reimbursement by the Township
for materials only; no reimbursement for labor shall be given.
E.
The Township
shall have no obligation to ensure that during snow and/or ice removal
operations, snow and/or ice is plowed in such a manner as to permit
access to any mailbox. It shall be the obligation of the owner of
such mailbox to remove any necessary snow and/or ice to permit postal
service access to the mailbox.
F.
In no
event shall the Township of Mansfield be responsible for damage to
a mailbox when such damage is caused by snow or ice thrown during
snow and/or ice removal operations.
All garbage and/or recycling containers, including, but not
limited to, hard-sided reusable containers, cans, boxes, bags and
the like used for the purpose of curbside collection of said materials
shall not be located in the street and shall be placed in such a manner
that allows for efficient snow and/or ice removal from and maintenance
of the rights-of-way at least three feet from the edge of a Township-owned
roadway. In the event that during snow and/or ice removal operations
actual physical contact with Township-owned equipment damages a container
or displaces garbage or recyclables contained in such a container
located in the street or placed in the Township rights-of-way, the
property owner shall be responsible and no reimbursement shall be
owed by the Township to replace. A property owner shall be responsible
for any damage incurred to Township equipment due to the failure to
locate any garbage/recycling container in accordance with this article.
All basketball equipment, including, but not limited to, posts,
backboards and rims, shall be located at least 10 feet from the edge
of a Township-owned roadway. In no event shall any basketball equipment
be located in a Township-owned right-of-way. A property owner shall
be responsible for any damage incurred to Township equipment due to
the failure to locate any basketball equipment in accordance with
this article.
Property owners may identify the edge of the roadway with a
marking device. (Example: metal posts with a reflector on the top,
wooden stakes with reflective paint on the top or other device made
to delineate edge of pavement placed at regular intervals along the
edge of roadway that will be visible to the snowplow operator.) This
device should be a minimum of 36 inches tall and be set back from
the edge of pavement in such a way as to not obstruct the removal
of snow from the street or to obstruct traffic in any way. For property
owners who do not identify the edge of the roadway with a marking
device, the Township of Mansfield will not be responsible for any
damage to these properties. For property owners who have properly
delineated the edge of roadway with a marking device in accordance
with this article as mentioned above, the Department of Public Works,
within a reasonable amount of time following the end of a snow event,
will pick up any snowplow-damaged yard material that remains. In the
spring, the Department of Public Works will restore the area damaged
by placing new topsoil and reseeding the affected area and/or return
the damaged area, as close as possible, back to the original condition.
