[Adopted 3-12-2018 by Ord. No. 18-007]
A. 
The Township's primary obligation is to ensure that its roadways are as clear as possible of snow or ice. It is also understood that most mailboxes are located within the public right-of-way, and therefore while fulfilling the primary objective, mailboxes may be unintentionally and unavoidably damaged. This policy assumes there is a shared responsibility between the Township and the homeowner when mailboxes located in the public right-of-way are damaged during snow removal operations. While there is no legal requirement that the Township do so, it is the policy of the Township of Manchester to reimburse residents up to $50 for eligible damaged mailboxes, caused by direct plow contact on the part of the Township of Manchester Department of Public Works or their subcontractors.
B. 
It is the further intent of this article to require that all 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 and/or ice removal from and maintenance of rights-of-way.
Nothing in this article shall be construed to entitle any resident to reimbursement for damage caused by the weight or placement of thrown snow, nor shall this article be construed to entitle any resident to reimbursement prior to an investigation and determination by the Director of the Department of Public Works that the claimed damage is eligible for reimbursement pursuant to this article.
The maximum liability of the Township of Manchester for the repair or replacement of a damaged or destroyed mailbox shall be the total sum of $50.
A. 
For any mailbox located in a Township owned right-of-way, the Township of Manchester will reimburse a resident for repairs or replacement of a mailbox and/or post only under the following circumstances:
(1) 
Physical damage to the mailbox is caused by actual contact with Township-owned and -operated equipment, which damage and contact can be proven and documented by the owner. The Township will not provide reimbursement for damage to mailboxes or posts caused solely by snow thrown from Township plows or snow removal equipment;
(2) 
The mailbox is securely fastened to a sturdy post that is sufficiently anchored in the ground to resist the impact of plowed snow;
(3) 
The mailbox has been approved by the United States Postal Service;
(4) 
The mailbox is set back a minimum of eight inches from the curb line or, if no curb, from the traveled portion of the roadway;
(5) 
The mailbox is located not less than 40 inches above the traveled surface;
(6) 
The existing installation, mailbox, and mailbox post were in good condition and repair prior to the alleged event causing damage; and
(7) 
The resident must notify the Township within seven days of the date the damage occurred, unless the resident was out of town, in which case the Township must be notified of the damage within seven days of the resident's return. Damage reported out of this timeframe will not be eligible for reimbursement.
B. 
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.
A. 
Within the time period above, a resident making a claim for reimbursement pursuant to this article shall contact the Department of Public Works to file a claim.
B. 
After receipt of a submitted claim, the Director of Public Works or his/her designee shall investigate the alleged damage to determine if the damage was caused by the plow blade or vehicle itself, rather than thrown snow. A written response on the findings of the investigation will be mailed to the resident.
C. 
If it is determined that the mailbox was damaged by the plow blade or vehicle the resident will be reimbursed, upon submission of a receipt showing the cost of repair of replacement of the mailbox and/or post, in an amount not to exceed $50. If it is determined that the damage was not caused by the plow blade or vehicle, no reimbursement will be provided. All actual repairs and/or replacements shall be the responsibility of the resident.
D. 
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 is the obligation of the owner of such mailbox to remove any necessary snow and/or ice to permit postal service access to the mailbox.
In no event shall the Township of Manchester 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 basketball equipment, including but not limited to, posts, backboards, and rims, or any other structure 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.