Upon the installation of street improvements and the
pavement of same by a developer (prior to the acceptance of those
street improvements by the Township), the developer shall be responsible,
at the cost of the developer, to remove the snow and/or treat the
ice which accumulates on such roads and driveways. The developer shall
be obligated, as part of any developer's agreement between the Township
and the developer, to so provide for the removal of snow and ice.
Each developer shall be required to post a separate
cash performance guaranty for snow removal in the amount of $100 per
100 linear feet of road or $1,500, whichever is greater. In the event
of failure of the developer to satisfactorily provide snow removal
within eight hours of the start of snowfall, the Township shall have
the option to take the necessary actions and charge the cost of said
snow removal against the cash performance guaranty, and the developer
shall not seek compensation from the Township pursuant to N.J.S.A.
40:67-23.5. The "cost of snow removal" is hereby defined to include
the personnel, equipment and/or material for plowing of the roads
and/or spreading of salt/sand. The developer shall restore any depletion
of the cash bond caused by the reimbursing of the Township for snow
removal under the circumstances described above within 30 days. Upon
acceptance of the subdivision improvements by the Township, the remaining
cash performance guaranty balance shall be returned to the developer.
The Township shall not be obligated to provide advance
notice to the developer of the Township's intention to cause snow
and/or ice to be removed if, in the reasonable judgment of the Township
Administrator, such snow and/or ice poses a threat to the health,
safety and welfare of the residents of the Township who use such roads
and driveways.
Any person who fails to satisfactorily provide snow removal in accordance with the requirements of Subsection A above shall, upon conviction thereof, be punished by a fine of not less than $100 and shall be subject to the penalties provided in § 1-15. The above-stated penalties shall be in addition to the restoration of the snow removal guaranty as required in Subsection A above.