Snowplow operators make every effort to remove snow as close
to the curb line as practical and to provide access to mailboxes for
the Postal Service. However, it is not possible to provide perfect
conditions and minimize the damage to mailboxes with the size and
type of equipment the Township operates. Therefore, the final cleaning
adjacent to mailboxes is the responsibility of each property owner.
Property owners assume all risk of damage for landscaping/hardscape,
including nursery and inanimate materials that are installed or encroach
on the Township right-of-way. The Township assumes no responsibility
for damage incurred to these elements as a result of snow plowing
and ice control activities, with the exception that lawns that are
scraped or gouged by Township equipment will be repaired by top dressing
and seeding the following spring. In addition, inanimate materials
such as boulders, timbers, etc., are a hazard and can cause damage
to plow equipment.
It is the policy of the Township of Allamuchy to reimburse property
owners up to $50 for eligible mailbox damage caused by direct plow
contact or thrown snow coming off the plow on the part of the Township's
Department of Public Works. Nothing in this article shall be construed
to entitle any property owner to reimbursement prior to an investigation
and determination by the Director of Public Works or designee that
the claimed damage is eligible for reimbursement pursuant to this
section.
For the purpose of this article, boxes used for receipt of United
States mail and placed outside of residences and established for such
purposes shall be referred to herein as "mailboxes." All mailboxes
must be installed in accordance with the United States Postal Service
mailbox guidelines.
A. Eligibility; mailbox damage claim. The reimbursement provisions shall
only apply to those property owners who satisfy the following criteria:
(1) The mailbox is securely fastened to a sturdy post which is sufficiently
anchored in the ground to resist the impact of plowed snow.
(2) The damaged mailbox and/or post must meet the requirements of the
United States Postal Service mailbox guidelines, as well as all other
requirements in regard to construction and location. Mailboxes that
do not meet the requirements of the United States Postal Service and/or
any other applicable regulations are not eligible for reimbursement.
(3) The damage must have been caused by direct contact with or thrown
snow from the Township Department of Public Works.
(4) The property owner must notify the Township within 90 days of the
date the damage occurred. Damage reported outside of this time frame
will not be eligible for reimbursement.
(5) The property owner must sign a general release discharging the Township
from all debts, claims, demands, damages, actions or further tort
claims under Title 59.
B. Claim procedure.
(1) Within the time period above, a property owner making a claim for
reimbursement shall contact the Department of Public Works and file
a mailbox damage claim.
(2) The mailbox damage claim shall be on the prescribed form and accompanied
with the following:
(a)
Name, address, phone number and email address of claimant.
(c)
Exact location of damage.
(d)
Explanation of what happened/description of damage.
(f)
Itemized receipt for the cost of the new mailbox and/or post.
(3) After submission of the claim, the Director of Public Works or designee
shall investigate the alleged damage to determine if the damage was
caused by the plow blade, vehicle and/or thrown snow coming off the
plow. A written response on the findings of the investigation will
be mailed to the property owner.
(4) If it is determined that the mailbox was damaged by the plow blade,
vehicle and/or thrown snow coming off the plow, the property owner
will be reimbursed for the cost of the mailbox and/or post in an amount
not to exceed $50 upon the submission of an itemized receipt for the
cost of the new mailbox and/or post. If it is determined that the
damage was not caused by the plow blade, vehicle and/or thrown snow
coming off the plow, no reimbursement will be given. All actual repairs
and/or replacements shall be the responsibility of the property owner.