Any owner, developer or subdivider of real property on or adjacent to
which said owner, developer or subdivider has constructed a street or road
open to the public but not yet accepted and approved by the Township as a
public road or street, and on which real property or subdivision has been
constructed at least three separate dwelling houses or an apartment building
or buildings containing three or more units of dwelling space, which dwelling
houses or units are occupied or intended to be occupied by three or more persons
who live independently of each other and whose occupants depend on said street
or road for access to and egress from their dwelling houses or units to the
public road system, and even though said street or road has been deeded or
dedicated to the Township but is not yet finally approved or accepted by the
Township, shall be obligated to remove all snow and ice from such street or
road within six hours of daylight after the same shall fall or be formed thereon.
Every such owner, developer or subdivider while so obligated shall file
with the Township Administrator within 10 days after the effective date of
this chapter and annually on November 1 of each calendar year a written plan
for snow and ice removal. The plan shall include:
A. Name, address and telephone number of a person responsible
for snow and ice removal from such street or road who can be reached 24 hours
a day.
B. Name, address and telephone number of any contractor
who is responsible for such snow removal.
C. A list of all equipment and supplies available for such
snow and ice removal.
D. The response time for the contractor to take action for
snow and ice removal. Such owner, developer or subdivider shall notify the
Township Administrator within 10 days of any changes in the information set
forth in said plan.
In the event the owner, developer or subdivider fails to remove snow
and ice from such street or road as provided by this chapter, the Superintendent
of Public Works shall be authorized to direct the same to be cleared by an
employee in the Public Works Department. This chapter in no way directs that
the Township shall be required to clear such street or road. Such removal
of snow and ice by the Township or its contractor shall not constitute acceptance
of such street or road by the Township as a public street or road.
The costs of such removal of any such snow or ice from any such street
or road by the Township or a Township contractor shall be charged against
such real property owned by such owner, developer or subdivider who is obligated
by this chapter to perform such snow and ice removal. The cost of removal
of any such snow or ice from any such street or road by the Township or a
Township contractor shall be certified to the governing body of the Township
by the Superintendent of Public Works. The governing body shall examine such
certificate and, if found to be correct, shall cause such cost to be charged
against such real property owned by such owner, developer or subdivider who
is obligated by this chapter to perform such snow and ice removal over which
or through which such street or road is located. The amount so charged shall
be paid to the Township within 14 days of written notice thereof mailed or
delivered to said owner, developer or subdivider, and that amount, if not
so paid, shall become a lien and tax upon such real property and be added
to and be a part of the taxes next to be levied and assessed thereon and enforced
and collected with interest by the same officers in the same manner as other
taxes.
Any person, firm or corporation violating any of the provisions of this
chapter shall, upon conviction thereof, be punishable by one or more of the
following: a fine not exceeding $1,000; or by imprisonment not exceeding 90
days; or by a period of community service not exceeding 90 days; and court
costs.