[HISTORY Adopted by the Township Committee of the Township of West
Amwell 7-16-1981 by Ord. No. 8-81. Amendments
noted where applicable.]
The purpose of this chapter is to assure the proper drainage of the
Township's ditches, drainpipes and storm water systems of any type, to
minimize erosion and flow of soil and debris from driveways and surrounding
lands onto public roadways and to maximize efforts to assure the public and
service vehicles the right to safe and comfortable use of public roadways
and private driveways.
As used in this chapter, the following terms shall have the meanings
indicated:
When a driveway is paved, widened, narrowed or relocated; when its
grade is changed; or when it is modified in any way that alters the prior
existing drainage from said driveway onto a public right-of-way. (Normal maintenance,
such as replacing stone or patching asphalt, shall not be considered as altering
a driveway.)
In addition to its regularly accepted common meaning, also refers
to any lane, way, field entrance or privately owned road.
An individual, corporation, partnership or other entity owning or
having control over the use of lands affected by the terms of this chapter.
Only refers to Township roads.
The portion of a public road right-of-way on which travel is conducted.
A.
No person or persons shall, in any manner, injure or
deface any property belonging to the Township of West Amwell nor, in any manner,
stop up, fill in or injure or obstruct or allow to be stopped up, filled in,
injured or obstructed any ditch, drainpipe, detention basin or stormwater
system or any part heretofore dug or placed or hereafter to be dug, placed
or opened up for the flow of water located on Township property or within
the right-of-way of any public road or adjacent to the right-of-way, which
will adversely affect the stormwater system within the right-of-way of the
public road.
B.
The Township Road Supervisor shall make periodic inspections
of the stormwater systems of the Township, including all driveways and pipes,
and shall determine if the existing stormwater system is in good working order
and in no way obstructed. If, as a result of said inspection, problems exist
which preclude the flow of stormwater or if obstructions exist in said system,
the Township Road Department will take all necessary steps to correct the
problems and/or remove the obstructions with existing road maintenance equipment.
C.
If efforts on the part of the Township Road Department
fail to correct the problem, the Township Road Supervisor shall notify the
owner of the property upon which the problem exists. Said notice shall inform
the property owner of the nature of the problem and the corrective measures
necessary on the part of both the property owner and the Township. If, in
the opinion of the Township Road Supervisor, a new pipe is necessary the property
owner will be so informed and given a period of 30 days from the date of said
notice to purchase and install the pipe in accordance with Township specifications.
These specifications will be included in the notice to the property owner.
[Amended 4-1-1998 by Ord. No. 3-1998]
D.
All notices in connection with this chapter shall be
by certified mail, return receipt requested.
E.
If the property owner fails to comply with the terms
of the notice within the time period set forth, the Township Road Supervisor
may order the necessary drainage pipe, and the cost of same shall be reimbursed
to the Township by the property owner.
A.
Any person or persons, firm or corporation violating
any section of this chapter which results in damage to or obstruction of any
public road, gutter, storm drain, ditch, basin, inlet or culvert shall be
responsible for all expenses incurred by the Township for repairing said damage
or removing said obstruction, in addition to the penalties herein provided.
B.
Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to a fine of not less than $100 nor more than $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each and every month that said violation continues shall constitute a separate and specific violation. In addition to the foregoing, the Township may institute and maintain a civil action for injunctive relief or damages as provided in Subsection A above, or as otherwise permitted.
If any person shall be aggrieved by an action of the Road Supervisor
under this chapter, an appeal may be taken within 10 days after the date of
such action, in writing, to the Township Committee. The Township Committee
shall fix a reasonable time for the hearing of the appeal, giving due notice
thereof to the appellant. Said appellant shall, at least 10 days prior to
the time appointed, notify, by certified mail, all owners of property within
200 feet of the extreme limits of the property to be affected by such appeal,
measured along both sides of the public roads, as they appear on the current
municipal tax records. Said notice shall state the time and place of the hearing
and the matter being appealed. The appellant shall also cause notice of the
hearing to be published in the official newspaper or a newspaper of general
circulation in the Township at least 10 days prior to the hearing. The appellant
shall, by affidavit, present satisfactory proof to the Township Committee
at the time of the hearing that said notice have been duly mailed and published
as required in this section.
