Township of North Brunswick, NJ Chapter 287 Snow and Ice Removal

[HISTORY: Adopted by the Mayor and Council of the Township of North Brunswick 10-24-2005 by Ord. No. 05-23.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 287, Snow and Ice Removal, adopted 3-6-1961, as amended.

§ 287-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

OWNER

Includes the person, persons or entity(ies) holding legal title to any lot, parcel of land or real property, whether improved or unimproved, and whether or not occupied by the owner or any tenant.

PARKING LOT

A lot or parcel or any other real estate providing space for the parking of motor vehicles within a private parking area.

RIGHT-OF-WAY

A strip of land owned by the Township of North Brunswick intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer and other similar uses.

SIDEWALKS

Includes paved or flagstone walk(s) intended for use by pedestrians, or, in the absence of such paved or flagstone walks, that portion of unpaved area normally traversed by pedestrians.

STATE OF EMERGENCY

When a snowstorm occurs which constitutes a serious public hazard impairing pedestrian travel, transportation, the movement of food and fuel supplies, medical care and fire, health, police protection and other vital facilities of the Township, the Office of Emergency Management Coordinator shall declare a state of emergency.

§ 287-2 Duty to remove snow and ice; enforcement.

[Amended 4-21-2008 by Ord. No. 08-10]

A. Duty of owners.

(1) It shall be the duty of the owner of any residential lot, parcel of land or real property in the Township abutting or bordering on the sidewalks of a public street to remove or cause to be removed all snow and ice from the sidewalk area in front of or bordering upon the owner's lands. Within 24 hours of the cessation of any storm or fall of snow or ice, as determined by the Director of the Department of Public Works, based upon a reasonably objective standard, such as the National Weather Service reports. Said snow or ice shall be so removed so that an unobstructed portion of the sidewalk area is open and cleared to a width of at least three feet.

(2) It shall be the duty of the owner or operator of any nonresidential lot, parcel of land or real property in the Township abutting or bordering on the sidewalks of a public street to remove or cause to be removed all snow and ice from the sidewalk area in front of or bordering upon the owner's lands, within 12 hours of the cessation of any storm or fall of snow or ice, as determined by the Director of the Department of Public Works, based upon a reasonably objective standard, such as the National Weather Service reports. Said snow or ice shall be so removed so that an unobstructed portion of the sidewalk area is open and cleared to a width of at least three feet. The owners of any premises used for any nonresidential purposes shall, in addition to the removal of snow and ice on sidewalks, remove or cause to be removed any and all snow and ice from parking lots, walkways and any other areas used by their customers or employees.

(3) It shall be the duty of the owner or operator of any parking lot which is open to the public or to which the public is invited and which contains special parking spaces for the use of persons who have been issued a placard or wheelchair symbol license plates pursuant to N.J.S.A. 39:4-204 et seq., to be responsible for assuring that access to these special parking spaces and to curb cuts or other improvements designed to provide accessibility for handicapped persons is not obstructed.

(a) If snow or ice is obstructing such special parking space, curb cut or other improvement designed to provide accessibility for the handicapped on a residential lot, same shall be removed within 24 hours of the cessation of any storm or fall of snow or ice, as determined by the Director of the Department of Public Works, based upon a reasonably objective standard, such as the National Weather Service reports.

(b) If snow or ice is obstructing such special parking space, curb cut or other improvement designed to provide accessibility for the handicapped on a nonresidential lot, same shall be removed within 12 hours of the cessation of any storm or fall of snow or ice, as determined by the Director of the Department of Public Works, based upon a reasonably objective standard, such as the National Weather Service reports.

(4) Ice which is so frozen as to make removal impractical shall either be treated with rock salt or other chemicals which will thaw the ice sufficiently to permit removal or be thoroughly covered with sand, ashes or cinders.

(5) In the case of condominium developments, the condominium association may designate, in writing, primary and secondary walkways which shall be subject to the review and approval of the Department of Community Development. Any walkways not specifically designated in writing and approved as secondary walkways shall be presumed to be primary walkways. Snow shall be removed from all primary walkways within 24 hours and shall be removed from all secondary walkways within 72 hours of the cessation of any storm or fall of snow or ice as determined by the Director of the Department of Public Works, based upon a reasonably objective standard, such as the National Weather Service reports, and, if same cannot be wholly removed from such primary and secondary walkways, sand, salt or other proper substance shall be sprinkled thereon so that such primary and secondary walkways shall be safe for travel.

B. The Director of the Department of Public Works, or his designee, shall be primarily charged with the enforcement of the provisions of this chapter with respect to public streets and shall cause prosecutions for violations thereof to be instituted before the Judge of the Municipal Court with all reasonable dispatch. In addition to the Director of the Department of Public Works, the Police Department and/or the Director of the Department of Community Development, or his designee, shall have concurrent authority to enforce the provisions of this chapter with respect to public streets. The Director of the Department of Community Development, or his designee, shall be primarily charged with the enforcement of the provisions of this chapter with respect to private property and commercial, industrial and multifamily properties and shall cause prosecutions for violations thereof to be instituted before the Judge of the Municipal Court with all reasonable dispatch. In addition to the Director of the Department of Community Development, the Police Department and/or the Director of the Public Works, or his designee, shall have concurrent authority to enforce the provisions of this chapter with respect to private property and commercial, industrial and multifamily properties. The applicable enforcement authority or any department with concurrent enforcement authority, shall not be required to serve a violation notice or like correspondence to violators of the provisions of this chapter and shall have the right to immediately issue summonses to any violators of the provisions of this chapter.

C. In cases where the owner has failed and/or refused to remove said snow and/or ice or has failed to provide for the covering of any icy patches within the time frames provided by this chapter, the applicable enforcement authority or his designee shall have the power to cause the said snow or ice to be removed or covered, as the case may be, the sole cost and expense of which shall be borne by the owner in accordance with the provisions of § 287-9 hereinbelow.

§ 287-3 Casting snow and ice upon streets, sidewalks and other areas.

No person shall throw, place or in any way deposit snow or ice into or upon any street, highway, public right-of-way, sidewalk, walkway or parking lot.

§ 287-4 Casting snow and ice upon adjacent properties.

No person shall throw, place or in any way deposit snow or ice onto any adjacent properties without the prior express written consent of the owners of the adjacent properties.

§ 287-5 Safety hazard.

It shall be illegal for any person to create a safety hazard by causing any obstruction to the sight line of motor vehicles and pedestrians on streets and sidewalks due to the piling up of snow and ice from the plowing and/or removal of same from any property, street or sidewalk.

§ 287-6 Snow emergency streets.

A. During the appropriate months of the year, "No Parking — Snow Emergency" signs shall be posted on the following streets:

[Amended 9-20-2010 by Ord. No. 10-24; 9-6-2011 by Ord. No. 11-15; 11-5-2018 by Ord. No. 18-08]

Cranbury Cross Road

Hermann Road

Nassau Street

Newton Street

Ridgewood Avenue

Independence Boulevard: both sides of Route 130

Aaron Road

Hartland Commons

Hidden Lake Drive

Schmidts Lane

Willowbrook Drive

Axel Avenue

Woodland Avenue from Jerome terminus at Stevens Street

Cleremont Avenue

Carlisle Road

Masoma Road

Serviss Avenue from the intersection with Stevens Street to dead end of Serviss Avenue

Beverly Avenue from Oakwood Place to Livingston Avenue

Beechwood Place from Glenridge Avenue to Cleremont Avenue

North Oaks Boulevard

Renaissance Boulevard North

(1) Partial snow emergency streets. During the appropriate months of the year, "No Parking Snow Emergency — Parking Prohibited Area" signs shall be posted in areas of streets on which parking is prohibited only in selected sections of that street during snow emergencies:

Linwood Place: both sides of street in an area between Hermann Road and Cranbury Cross Road intersections

Linwood Place: both sides of street in an area between Glenridge Avenue and Woodland Avenue intersections

Wood Avenue: both sides of street beginning at Route 130 intersection continuing to the emergency access gate into Birchwood Court at Wood Avenue terminus

Haverford Street: both sides of street in an area between Lee Avenue and Livingston Avenue intersections

Stevens Street: both sides of street in an area between Lee Avenue and Livingston Avenue intersections

Huron Road: both sides of street in an area between Axel Avenue and Jersey Avenue (State Route 91) intersections

Riverbend Drive: one side of street designated by posted No Parking — Snow Emergency signs

Village Drive East: western curb face of roadway designated by posting No Parking — Snow Emergency signs

Village Drive South: northern curb face of roadway designated by posted No Parking — Snow Emergency signs

Village Drive West: eastern curb face of roadway designated by posting No Parking — Snow Emergency signs

(2) Parking prohibited area signage. In the case of streets having partial snow emergency parking restrictions, signage shall dictate "No Parking Snow Emergency; Parking Prohibited Area."

B. The lack of such a sign on any of the described streets shall not be construed to mean that parking is permitted during snow emergencies.

§ 287-7 Snow emergencies; parking prohibited.

[Amended 9-6-2011 by Ord. No. 11-15; 11-5-2018 by Ord. No. 18-08]

A. Whenever snow has fallen and the accumulation is such that it covers the street, no vehicle shall be parked on either side of any street designated a "snow emergency street," nor shall any vehicle be parked in the selected sections of a street designated "Snow Emergency No Parking When Road Is Snow Covered Tow Away Zone."

B. The above parking prohibition shall remain in effect after the snow has ceased, until the streets have been plowed sufficiently, and to the extent that parking will not interfere with the normal flow of traffic.

C. Whenever snow accumulation is forecasted or predicted to be four inches or more or if ice is forecasted or predicted, no person shall park, stop, stand or leave unattended or abandoned any vehicle on any Township street or road or Township field(s) from the first hour of commencement of the snow or ice to 12 hours after snow or ice ceases to fall, as determined by the National Weather Service.

D. Authorized vehicles in handicapped parking spaces pursuant to N.J.S.A. 39:4-197.5 et seq., shall be exempt from the provisions of this section.

E. Any resident of the Township may park his/her vehicle in a Township Park parking lot or any parking lots so designated by the Director of the Department of Public Works, or his designee, for the duration of the snow/ice event. In addition, residents may park their vehicles anywhere on properties that they own or have an interest in, provided they have written permission from the owner of the property.

F. Any vehicle remaining on a Township street or road that is in violation of this section may be ticketed and/or towed from the street at the owner's expense.

§ 287-8 Removal of vehicles.

Any unoccupied vehicle parked or standing in violation of this chapter shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any police officer may provide for the removal of such vehicle. The owner shall pay the reasonable costs of the removal and storage which may result from such removal before regaining possession of the vehicle.

§ 287-9 Assessment for Township's cost of removal; lien.

Upon removal of said snow or ice, or upon undertaking the prevention of hazardous ice conditions by the Township as provided in § 287-2, the Director of Public Works, or his designee, shall cause such costs to be charged as a special tax against the owner of the lands abutting such sidewalks. The costs so charged shall be paid by the owner of said lands within 45 days of the mailing of such notice of costs charged. Should the property owner fail to pay the amount charged within the aforesaid forty-five-day period, the amount shall thereupon become a lien and tax upon the lands of the owner and shall be added to and become part of the taxes next to be levied and assessed upon such lands by the Tax Collector's office. Said amount shall bear interest at the same rate and shall be collected and enforced by the same officers and in the same manner as taxes. The Township shall have the right to bring a summary action for collection of such costs incurred in the Superior Court of New Jersey, Law Division, Middlesex County.

§ 287-10 Violations and penalties.

[Amended 4-17-2006 by Ord. No. 06-06; 4-21-2008 by Ord. No. 08-10]

A. Any person who violates any provision of this chapter, except for § 207-2A(3)(a) and (b), shall, upon conviction thereof, be punished by a fine not exceeding $500 or be imprisoned for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

B. The Township shall, upon a second or subsequent violation of any provision of this chapter within the same calendar year have the right, but not the obligation, to cause the removal of the snow and ice or hazardous condition and to charge the costs of same against the violator, pursuant to the terms and conditions of § 287-9 herein.

C. The imposition and collection of any penalty imposed by the provisions of Subsection A of this section shall not constitute any bar to the right of the Township to collect the cost of removal as provided in § 287-9.

D. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues pursuant to § 287-10B herein.

E. Any person who violates any of the provisions of § 287-2A(3)(a) and (b) shall, upon conviction thereof, be punished by a fine not less than $500 and not exceeding $1,000 for each space that is obstructed, or, be imprisoned for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.