[HISTORY: Adopted by the Township Council of the Township
of Brick 4-16-2013 by Ord. No. 11-13.[1] Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the Township as a public
street, as well as any state or county road or highway over which
the Township has acquired jurisdiction by agreement.
A.
No person shall make an excavation in or tunnel under any street
without first obtaining a permit from the Township Engineer.
B.
No person shall construct or remove, or cause to be constructed or
removed, any sidewalk, driveway apron, curb or gutter or any part
thereof within any public right-of-way in the Township without first
having obtained a permit to do so from the Township Engineer. Property
owners shall be responsible for maintaining sidewalks, driveway aprons
and concrete curbs. In the event that the Township should repair any
sidewalk, driveway apron, concrete curb, or gutter, the Township shall
be reimbursed by the owner.
C.
A tunnel or excavation may be commenced without a permit where an
emergency has arisen which makes it necessary to start work immediately,
provided that the application for permit is made simultaneously with
the commencement of the work or as soon thereafter as is practical.
The permit, when issued, shall be retroactive to the date on which
the work has begun.
D.
No permit for the excavation of any street shall be issued between
December 1 and March 1, except for emergencies as reasonably determined
by the Township Engineer. All street excavations commenced after March
1 must be completed, backfilled and restored prior to December 1.
E.
No person shall occupy a street with an obstacle or obstruction other
than a functional, motorized vehicle without first obtaining a permit
to do so.
Applications for a permit shall be made to the Township Engineer
and shall contain the following information:
A.
Name and address of the applicant.
B.
Name of the street where the opening or occupancy is to be made and
the street number, if any, of the abutting property.
C.
Type of work proposed.
D.
Dimensions of trench in which the opening is to be made or dimension
of area to be occupied as well as pavement dimension to the opposing
edge of pavement.
E.
Purpose of the work proposed.
F.
Date when the work is to be commenced and completed.
G.
A sketch of the work site, in quadruplicate, indicating the following:
(1)
The exact location and dimensions of all openings to be made or areas
to be occupied.
(2)
The specific installations to be made.
(3)
The types of proposed traffic control devices to be utilized for
the projects, said devices to be in conformity with the guidelines
set forth in the Manual of Uniform Traffic Control Devices, current
edition.
(4)
A line and grade plan showing the proposed work, including its exact
location with respect to a street intersection or some other fixed
and prominent object, as well as its width and relationship to the
grade of the street and the adjacent property and, in the case of
a driveway apron, its slope or pitch.
(5)
Any other information that the Township Engineer deems necessary
in order to determine whether the work will comply with this chapter.
H.
The name and addresses of the worker or contractor who is to perform
the work, as well as the names and telephone numbers of at least two
persons responsible on a twenty-four-hour call basis to handle emergency
repairs for said contractor.
The following schedule of fees is hereby fixed, determined and
established as being the nonrefundable fees to be paid to the Township
of Brick to be drawn upon by the Township Engineer in conjunction
with the issuance and servicing of such permits, and supervision and
inspection of such openings to proper restoration.
A.
Before any permit is granted, a refundable performance guaranty shall
be deposited with the Township to insure proper restoration of the
trench, pavement surface, and any other improvements within the township
right-of-way.
(1)
For openings and excavations, the deposit shall be $1,000 or $25
per square foot of the actual excavated trench size, whichever is
greater. The amount of the deposit shall be computed by multiplying
the trench length in feet by the trench width in feet, which produces
square feet.
(2)
For temporary occupancy of a Township right-of-way with a residential
or commercial structure, the deposit shall be $10,000.
(3)
For temporary occupancy of all other obstructions, the deposit shall
be $1,000 or $25 per square foot of the actual occupied area, whichever
is greater. The amount of the deposit shall be computed by multiplying
the trench length in feet by the trench width in feet, which produces
square feet.
B.
The guaranty shall be refunded if the surface or other improvements
are replaced according to Township specifications, and will be forfeited
in lieu of restoration in the event that the Township specifications
are not met. For paved roads, the guaranty will be retained for a
period of three months to one year from the date of completion of
the permitted construction, at which time the guaranty will be refunded
upon the written approval of the Township Engineer. In the event the
Township Engineer does not approve the same in writing, and upon recommendation
to the Township Council, the guaranty will be forfeited.
A.
The Township Council may waive the requirements of § 404-5 in the case of public utilities that deposit yearly performance guaranties to insure proper restoration of their work throughout the year. The utility company must present satisfactory proof that is capable of meeting any claims against it up to the amount of the guaranty which would otherwise be required. The guaranty shall be executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety and shall be conditioned as follows:
(1)
To indemnify and hold harmless the Township and its professionals
from all loss, damage, claim or expense, including expenses incurred
in the defense of any litigation arising out of injury to any person
or property resulting from any work done by the applicant under the
permit.
(2)
To indemnify the Township and its professionals for any expense incurred
in enforcing any of the provisions of this section.
(3)
To indemnify any person who shall sustain personal injuries or damage
to his property as a result of any act of omission of the applicant,
his agents, employees or subcontractors, done in the course of any
work under the permit.
(4)
The guaranty shall also be conditioned upon the applicant's
restoring of the street for which the permit is granted in a manner
acceptable to the Township Engineer.
B.
The amount of the performance guaranty shall be calculated by the
Township Engineer in light of historical volume and anticipated projects.
Guaranties shall remain in force for a period of one year or a period
to be determined by the Township Council.
A.
A permittee, prior to the commencement of work hereunder, shall furnish
the Township with satisfactory evidence in writing that the permittee
has in force and will maintain in force, during the performance of
the excavation work and the period of the excavation permit or occupancy
period, public liability insurance of not less than $500,000 for any
one person and $1,000,000 for any one accident and property damage
insurance of not less than $50,000 duly issued by an insurance company
authorized to do business in this state. The Township of Brick and
its Engineer shall be named as additional insureds.
B.
In cases where the character or nature of the proposed work is such
as to present an unusual hazard or a higher than normal risk of damage
or injury, the Township Council may require provision of increased
amounts of liability and property damage insurance. Any permits, which
occasion such increased hazard or liability, shall be referred by
the Business Administrator for the consideration by the governing
body prior to the issuance of a permit.
A.
The methods of construction for excavation and backfill shall be
in accordance with Section 207 of the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction, latest edition,
and such other provisions as are included herein and as may be added
in the special conditions.
B.
No road opening, excavation or occupancy of a cross trench shall
extend beyond the centerline of the road before being backfilled,
compacted and the surface of the roadway temporarily restored.
C.
All utility facilities shall be located sufficiently ahead of trench
excavation work to avoid damage of those facilities and to permit
their relocation, if necessary. Storm drains, pipe culverts or other
facilities encountered shall be protected by the permittee. If the
work performed interferes with the established drainage system of
any street or road, provision shall be made by the permittee to provide
proper drainage during construction and restore the existing system
all to the satisfaction of the Township Engineer.
D.
No dewatering equipment, wells, points or piping shall occupy the
traveled portion of roadways unless specifically approved and adequately
protected to the satisfaction of the Township Engineer. In addition,
effluent from dewatering systems shall be discharged in such a manner
that erodible soils are not adversely affected. All silt and sediments
being carried in the dewatering effluent must be intercepted prior
to effluent discharge into any drainage system through the use of
a sediment basin designed to allow retention of discharge for sufficient
time to render such waters free from suspended silt and sediments.
The use of screening devices in lieu of sedimentation basin must receive
specific approval and be employed only for minor flows.
E.
Any gravel, earth or other excavated material which is caused to
roll, flow or wash upon any Township road shall be removed from the
roadway within 24 hours after deposit. In the event the earth, gravel
or other excavated material so deposited is not removed, the Township
shall remove the material and the cost incurred shall be paid by the
permittee or deducted from his deposit. Applicants are put on notice
that due to the work schedule of the Public Works Road Department,
it will be necessary to make such repairs after normal working hours.
The permittee shall employ construction methods and means that will
keep flying dust to the minimum to the satisfaction of the Township
Engineer.
F.
In the event of a snow or ice storm, the permittee will be required
to take whatever steps Brick Township Department of Public Works deems
necessary to secure the traveled way for snow removal operations.
At the first sign of precipitation, all work on the shoulders and
traveled way shall stop and they shall be cleared of all dirt, etc.,
and the area backfilled so as not to interfere with township snow
operations until the weather permits resumption of work.
G.
Right-of-way or property monuments and/or makers, traffic control
devices and other Township maintained devices on the right-of-way
shall not be removed or disturbed unless permission to do so is first
obtained in writing from the Township Engineer. Permission shall be
granted only upon the condition that the permittee shall pay all expenses
incident to the replacement of such monumentation and/or devices.
H.
If tunneling operations are required, the tunnel shall be backfilled
with rammed concrete composed of one part cement to 10 parts (1:10)
sand.
I.
If blasting is required to be done in the course of any excavation,
it shall be done in strict compliance with all applicable state laws
and regulations.
[Amended 7-24-2018 by Ord. No. 19-18]
A.
Requirement to restore surface. The permittee shall restore the surface
of all streets, driveways, sidewalks, aprons, grassed or other right-of-way
areas broken into or damaged as a result of the excavation work to
its original condition in accordance with the specifications of the
Township Engineer.
B.
Criteria for repairs.
(1)
Within grassed areas, all trench openings and damaged areas shall
be backfilled for the top four inches with topsoil as defined in the
New Jersey Department of Transportation Standard Specifications for
Road and Bridge Construction, latest edition. Then, both the trench
and area disturbed by excavated material and construction operations
shall be seeded with Fertilizing and Seeding, Type A, as specified
in the same specifications.
(2)
Within the limits of gravel roadways, driveways and parking areas
all trench openings shall be backfilled and compacted as heretofore
noted. The top eight inches shall be backfilled with eight inches
of compacted Soil Aggregate Designation I-5 (formerly Type 2 Class
A or B road gravel) as defined in the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction, latest edition.
(3)
Within the limits of bituminous concrete or bituminous treated roadways
all trench openings shall be backfilled and compacted as required
the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction, latest edition. The upper 11 inches
of the trench shall receive a temporary repair of six inches of compacted
Soil Aggregate Designation I-5 of the above listed specifications
topped with five inches of Hot Mix Asphalt 19M64 Base Course as defined
in the above-listed specifications.
(a)
The temporary pavement shall remain in place for a period of
at least three months until any residual settlement takes place, which
time shall not exceed four months. During this time, the permittee
shall assure maintenance of the pavement surface level. Manholes,
valve boxes or other physical utility obstructions, shall have feathered
approaches not to exceed a five-percent slope where necessary and
pavement lining shall be restored by the permittee for adequate traffic
control.
(b)
The final asphalt paving will depend on the size of the trench:
[1]
Where 20% or more of the existing surface width and/or a distance
parallel or longitudinal to the roadway center line of 25 feet or
more has been disturbed, the permittee shall mill the entire pavement
surface from edge to edge or curb to curb and the full length of the
trench plus five feet each side at a minimum depth of two inches.
All milling and disposal of millings shall be done in accordance with
the NJDOT Standard Specifications. The permittee shall clean and sweep
the milled surface and apply tack coat in preparation for immediate
paving. The area will then be paved with two inches of HMA 9.5M64
surface course. The Township will require that the terminal ends of
the paving be keyed and cut vertical to provide a smooth transition
to the existing asphalt surface. Feathering will not be allowed.
[2]
Where less than 20% of the existing surface and a distance parallel
or longitudinal to the roadway center line of less than 25 feet has
been disturbed, the permittee shall sawcut the existing surface course
two inches deep at a location 12 inches beyond the trench surface,
and remove the existing pavement to the same depth. Pavement removal
shall be done by milling or another method as approved by the Township
Engineer. The permittee shall clean and sweep the milled surface and
apply tack coat in preparation for immediate paving. The area will
then be paved with two inches of HMA 9.5M64 surface course in accordance
with the NJDOT Standard Specifications. The Township will require
that the terminal ends of the paving be keyed and cut vertical to
provide a smooth transition to the existing asphalt surface. Feathering
will not be allowed.
(c)
Within the limits of portland cement concrete roadways, all
trench openings shall be backfilled and compacted as previously required,
a satisfactory foundation prepared, the reinforcement restored and
the concrete pavement equal in thickness to that in place in the roadway
replaced with concrete as defined in the above-listed specifications.
(d)
Road openings and/or trenches involving unusual or special conditions
including attachment to bridges shall be restored in accordance with
and pursuant to the direction of the Township Engineer.
(e)
Within sidewalk areas, all trench openings shall be backfilled
and compacted as previously required, and finished with a concrete
sidewalk, four inches thick and at least four feet wide with a compressive
strength of not less than 4,000 psi after 28 days. The sidewalk shall
be broom finished with striations perpendicular to walking traffic.
Troweled joints shall be installed not less than every four feet (or
distance equal to the sidewalk width) and bituminous joints installed
every 20 feet. At points of vehicular crossings, the sidewalk shall
be increased to six inches thick and one row of welded wire fabric
(six-inch-by-six-inch pattern, W2.1x2.1 gauge) shall be added at the
mid-depth of the concrete.
(f)
In the event that temporary paving, patching, final paving,
or any other aspect of the restoration process is not completed to
the satisfaction of the Township Engineer, the Township shall complete
the restoration and the cost incurred shall be paid by the permittee
or deducted from his deposit.
C.
Temporary surface restoration in traffic lanes. The permittee may
be required to place a temporary surface over openings made in paved
traffic lanes. Except when the permanent replacement pavement is to
be replaced before the opening of the cut to traffic, the fill above
the bottom of the paving slab shall be tamped into place, and this
fill shall be topped with a minimum of at least two inches of bituminous
mixture which is suitable to maintain the opening in good condition
until permanent restoration can be made. The crown of the temporary
restoration shall not exceed one inch above the adjoining pavement.
The permittee shall exercise special care in making such temporary
restorations and must maintain such restorations in safe travelling
condition until such time as permanent restorations are made. The
asphalt which is used shall be in accordance with the specifications
of the Township Engineer. If, in the judgment of the Township Engineer,
it is not expedient to replace the pavement over any cut or excavation
made in the street upon completion of the work allowed under such
permit by reason of the looseness of the earth or weather conditions,
he may direct the permittee to lay a temporary pavement of steel plate
or other suitable material designated by him over the cut or excavation
to remain until such time as the repair of the original pavement may
be properly made.
D.
Permanent street restoration. Permanent restoration of the street
may be made by the permittee in strict accordance with the specifications
prescribed by the Township Engineer to restore the street to its original
and/or proper condition, or as near as may be. When, in the opinion
of the Township Engineer, the full width overlay will present a hazardous
condition and jeopardize the health, safety and welfare of the general
public, the Township Engineer shall direct the permittee the method
of restoration of the roadway surface.
E.
Approval contingent upon time period. Acceptance or approval of any
excavation work by the Township Engineer shall not prevent the Township
from asserting a claim against a permittee and his or its surety under
the surety bond required hereunder for incomplete or defective work
if discovered within 12 months from the completion of the excavation
work. The Township Engineer's presence during the performance
of any excavation work shall not relieve the permittee of its responsibilities
hereunder.
A.
Materials, measuring, mixing, preparation of the foundation forms,
joints, depositing of concrete, finishing, curing and protection are
to be in accordance with the current New Jersey State Highway Department
Standard Specifications for Road and Bridge Construction or the latest
revision thereof.
B.
All sidewalk, driveway apron, curb, gutter, or other right-of-way
improvements shall be constructed in accordance with standard construction
detail established by the Township Engineer.
C.
The contractors shall be required to confer with the Township Engineer
before starting any work, and further shall not be permitted to pour
any concrete until the Township Engineer has checked and approved
the forms for alignment and grade.
D.
For the installation of curb or sidewalk in the Township, forms shall
be of wood or metal, straight, free from warp, of sufficient strength,
to resist springing during construction and of a height equal to the
full depth of the finished curb or sidewalk. Wood forms shall be two-inch
surfaced plank, it being understood that dressed lumber of one-and-five-eighths-inch
width is herein permitted (where sharpness of curvature does not permit
the use of two-inch material, plywood or fiber board of lesser thickness
may be used with the permission of the Township Engineer) or as provided
in the particular specifications for the job in question.
A.
Transferability. Every permit shall apply only to the person to whom
it is issued and shall not be transferable.
B.
Commencement of work. Work under a permit shall commence within 45
days from the date of issuance of the permit. If work is not commenced
within that time, the permit shall automatically terminate, unless
extended in writing by the Township Engineer.
C.
Possession of permit. A copy of the permit, together with a copy
of the plan endorsed with the approval of the Township Engineer, must
be kept in possession of the person actually performing the work and
shall be exhibited on demand to any duly authorized employee or to
any Police Officer of the Township.
D.
Revocation of permit.
(1)
The Township may revoke a permit for any of the following reasons:
(a)
Violation of any provision of this section or any other applicable
rules, regulations, law or ordinance.
(b)
Violation of any condition of the permit issued.
(c)
Performing work under the permit in a manner which endangers
life or property, or which creates any condition which is unhealthy,
unsanitary or declared by any provision of the revision to constitute
a nuisance.
(2)
The procedure for revoking a permit shall be the same as that set
forth in this revision for the revocation of licenses.
E.
Protection of traveling public.
(1)
The applicant shall keep all trenches and/or street openings properly
guarded through the use of breakaway barricades, flashing lights,
signs and reflectorized drums consistent with the Manual on Uniform
Traffic Control Devices. Except as may be specifically permitted under
special conditions herein, the applicant shall maintain one lane of
traffic in each direction except in the immediate vicinity of the
excavation and then only during working hours. In the vicinity of
the excavation, one lane shall be kept open and alternated in the
direction of traffic through use of uniformed traffic directors. While
the excavation operation is in progress, uniformed traffic directors
shall be provided at all times. Also, a forty-eight-inch-by-forty-eight-inch
W20-1F "Road Construction Ahead" sign and a forty-eight-inch-by-forty-eight-inch
W20-7A(S) "Flagman Ahead" sign shall be installed in each direction
as advance warning sign placement in accordance with the following:
(2)
At the close of each day's operation, the applicant shall return
the roadway to operation of one lane of traffic in each direction.
No excavation within and/or immediately adjacent to roadways available
to traffic shall remain open overnight.
(3)
Where specifically covered in the special conditions, a road may
be temporarily closed. Any anticipated closing of Township roads due
to construction must be approved by the Township Engineer with detailed
plans and plans for emergency vehicle access submitted to him for
review and approval a minimum of two weeks in advance of any anticipated
closing. Any anticipated closing of County or State roads which would
affect traffic on Township roads must be reviewed and approved by
the Township Engineer a minimum of two weeks before any anticipated
traffic pattern change. The Township reserves the right to alter the
applicant's construction schedules in the coordination of traffic
flow through an area where multiple openings are to take place.
(4)
All construction signing and protection devices must be in accordance
with the Manual on Uniform Traffic Control Devices. For openings less
than 50 feet in length, a minimum of 24 hours' and for larger
openings a minimum of 48 hours' notice shall be given to the
Township Engineer in advance of the start of any road opening so that
an on-site review of such signs and protection devices can be made
by Township inspection personnel.
(5)
Construction equipment shall not be positioned or stored on any street
after working hours unless approved by the Traffic Safety Division
of the Brick Police Department in accordance with MUTCD. It shall
be allowed for public projects.
(6)
When a contractor is obligated to supply uniformed Police Officers
on the job site, as a condition of his permit, all arrangements shall
be made through the Traffic Safety Division of the Brick Police Department
who shall assign the Officers 48 hours in advance of the commencement
of work on the project. Procedures for opening a Road Job Account,
Ordinance No. 88-JJ-99, covers the process for the hiring of off-duty
police officers for security work, traffic control, etc. A representative
from the Administrative Services Division will be available to assist
with setting up the required account necessary.
F.
Indemnity. In accepting a permit, the permittee shall be deemed to
have agreed to indemnity and save harmless the Township from and against
any and all loss, costs or damages incurred by reason of any damage
to any property, injury to any person or any loss of life resulting
from any negligence of the permittee, its agents or servants in performing
the work covered by the permit. The Township of Brick and its Engineer
shall be named as additional insureds.
G.
Applicability. The provisions of this section shall not be applicable to any excavation work under the direction of competent Township Officials, by employees of the Township or by any contractor of the Township or Agency or Department of the Township performing work and in behalf of the Township necessitating openings or excavations in streets, nor shall the provisions of §§ 404-5, 404-6 and 404-7 apply to any excavation work performed adjacent to or within public rights-of-way by subdividers or site developers in accordance with approved subdivision or site plans, provided that such subdividers or site developers have posted cash guaranties and surety in accordance with the applicable ordinance requirements.
H.
The applicant shall give the required 24 hours' or 48 hours'
notice as applicable to the Township Engineer prior to making any
road openings, except in cases of emergency. No project shall commence
on a Saturday, Sunday or holiday, and no work which will interfere
with traffic, or restrict the width of pavement available for traffic,
shall be performed on those days. Further, work authorized by a permit
shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday
through Friday, unless the permittee obtains written permission from
the Township Engineer to do work at an earlier or later hour. Such
permission shall be granted only in the case of an emergency or in
the event that work authorized by the permit is to be performed in
traffic-congested areas.
I.
All trench openings must be backfilled and compacted immediately
and the trench shall have been restored to at least temporary pavement
requirements daily. Final paving shall be completed within four months.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $2,000
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during which a violation
occurs or continues.
A.
Whenever the Township Council enacts any ordinance or resolution
providing for the paving or repaving of any street, the Business Administrator
or designee shall promptly mail a written notice thereof to each person
owning any sewer, main, conduit or other utility in or under the street.
The notice shall notify such persons that no excavation permit shall
be issued for opening, cuts, or excavations in the street for a period
of three years after the date of enactment of such ordinance or resolution
in the absence of a complete and satisfactory restoration plan as
approved by the Township Engineer. The notice shall notify such persons
that applications for excavation permits, for work to be done prior
to such paving or repaving, shall be submitted promptly in order that
the work covered by the excavation permit may be completed not later
than 45 days from the date of enactment of such ordinance or resolution.
The Business Administrator shall promptly mail copies of such notice
to the occupants of all houses, buildings or other structures abutting
the street for their information, and to all property owners whose
property abuts the street. The Business Administrator must also mail
such notices to the state agencies and departments or other persons
that may desire to perform excavation work in the street.
B.
Within 45 days, every public utility company receiving notice as
prescribed herein shall perform such excavation work, subject to the
provisions of this section, as may be necessary to install or repair
sewers, mains, conduits or other utility installations. In the event
any owner of real property abutting the street shall fail within the
45 days to install or permit utility service lines or service connections
to the property lines, any and all rights of such owner to make such
openings, cuts or excavations in the street shall be forfeited for
a period of three years from the date of enactment of the ordinances
or resolution.
C.
Every Township department or official charged with responsibility
for any work that may necessitate any opening, cut or excavation in
the street is directed to take appropriate measures to perform such
excavation work within the forty-five-day period as to avoid the necessity
for making any openings, cuts or excavations in the new pavement in
the Township street during said three-year period.
A.
Whenever building permits are issued for new construction involving
heretofore undeveloped land or land cleared by demolition or the renovation
to an existing structure that results in an increase of at least 1,000
square feet of floor area on properties abutting a street, the owner/developer
shall be required to construct township improvements along the entire
frontage of his property abutting the street. Construction of said
improvements shall require the acquisition of street opening permit(s)
in accordance with this chapter. No certificates of occupancy shall
be issued without recommendation by the Township Engineer that the
developer has complied with the requirements of this section.
B.
An exemption from the requirements of this section may be granted
by the Township Engineer. Said exemptions shall be based upon, but
not limited to a review of the current condition of the existing street
improvements to which the property abuts.
A.
Each owner and tenant of land abutting or bordering upon the sidewalks
of any streets or public places shall keep the sidewalks in front
of his premises in a safe, passable and orderly condition, free from
snow, ice, grass, weeds or other impediments. In case there is snow
or ice on the sidewalks, such persons shall remove the same within
24 hours of daylight after the snow shall have ceased falling or after
the ice has formed.
B.
In addition, lands and premises which consist of semipublic or private
roads, streets, parking areas or other premises open to or used by
tenants or employees of the owner thereof or upon which the owner
or commercial tenants of the owner invite members of the public, shall
be kept passable and in orderly condition, free of snow, ice, grass,
weeds or other impediments. In the event that there is snow or ice
on such premises or places, the owner thereof shall remove the same
within 24 hours of daylight after the snow shall have ceased falling
or after the ice has formed. Such premises or places to which the
public, tenants or employees are invited shall include but shall not
be limited to the following: store or shopping center parking lots;
parking lots and accessways used in connection with commercial endeavors;
apartment parking lots, driveways and accessways provided for and
used by tenants of such apartments; and all other types of premises
to which the public is invited for business or commercial purposes.
C.
Exemption. Owners and tenants of land abutting or bordering upon
the sidewalks of any cul-de-sac or dead end street shall be exempt
from the snow and ice removal requirements of this article.
No person shall throw, put or place into, upon or within any
street or public place any substance, matter or thing whatever, whereby
the safe, free or unobstructed use of the same by the public may be
in anywise impeded or interfered with.
