19-24
Introduced: November 5, 2024
Public Hearing: November 26, 2024
Status: Adopted
Please note: An Ordinance Amending Articles III, Snow and Ice, and Article X, Maintenance and Repair of Sidewalks, of Chapter 44, Streets and Sidewalks, of the Revised Ordinances of the Township of Randolph
- Whereas, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and
- Whereas, the Township of Randolph desires to amend Article III, Snow and Ice, and Article X, Maintenance and Repair of Sidewalks, of Chapter 44, Streets and Sidewalks, of the Revised Ordinances of the Township of Randolph to clarify the responsibilities of property owners with regard to the removal of snow, ice and other obstructions from, and the proper maintenance and repair of, sidewalks within the Township.
Now therefore, be it ordained by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
Article III, Snow and Ice, of Chapter 44, Streets and Sidewalks, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced by the following:
ARTICLE III. – REMOVAL OF SNOW, ICE, WEEDS, GRASS, BRUSH AND OTHER DEBRIS FROM SIDEWALKS
Sec. 44-81. - Enforcement of article.
(a) This article shall be administered and enforced by all members of the department of police, by the township engineer, by the zoning officer and by the health officer or designated representative.
(b) Any person violating any provision of this article shall, upon conviction thereof, be punished in accordance with section 1-7 of this Code. Each and every day on which any violation exists or continues shall be a separate violation.
Sec. 44-82. – Obstruction on sidewalks. No person shall place upon the sidewalks within the township any sign, device, fence, merchandise or obstruction of any kind or character, whether they be the owners of the premises adjoining the streets or occupants of the stores, houses or places of business adjacent and adjoining the streets or public places.
Sec. 44-83. – Removal of snow and ice.
(a) Public road or street. The owners, tenants and occupants of improved or unimproved premises abutting upon a public road or street shall remove all snow and ice from the full width and length of all abutting sidewalks, and accessibility ramps at road and street intersections, within 12 hours of daylight after any snowfall or accumulation of ice occurs provided that the township manager is authorized to suspend this requirement or extend the period of removal when, in his/her opinion, unusual and extreme conditions occur, so as to warrant such action. If ice is so thick as to make removal impractical, the owner, tenants, and occupants shall cause the sidewalks and accessibility ramps to be thoroughly covered with sand, ashes, sawdust or rock salt within six hours of daylight after the accumulation or re-accumulation of such ice.
(b) Private developments. The owner of any garden apartment development, nursing home, office building, hospital, restaurant or shopping center and the owner of any property within the township to which the public is invited for business purposes shall remove all snow and ice from the driveways, fire lanes, garbage pickup areas, parking areas, walkways, sidewalks that abut the premises, and steps and fire hydrants located upon such property, within 12 hours of daylight after any snowfall or accumulation of ice occurs. If ice is so thick as to make removal impractical, the owner shall cause the walkways and steps to be thoroughly covered with sand, ashes, sawdust or rock salt within six hours of daylight after the accumulation or re-accumulation of such ice and shall maintain the driveways, fire lanes, garbage pickup areas, parking areas, walkways, sidewalks that abut the premises, steps and fire hydrants thereafter in safe condition.
(c) Private roads (on-site). The owner or developer of any residential property within the township which contains any unaccepted roads or streets shall remove any snow and ice from the roadways within 12 hours of the time any snowfall or accumulation of ice occurs. If ice is so thick as to make removal impractical, the owner or developer shall cause unaccepted roads or streets to be thoroughly covered with sand, ashes or rock salt within six hours after the accumulation of such ice.
(d) Private roads (off-site). The owner of any residential property within the township that has been granted an easement over private or public property or an owner who utilizes a private road in a public right-of-way in order to access their private property shall remove any snow and ice from the roadways within the easement area and/or public right-of-way within 12 hours of the time any snowfall or accumulation of ice occurs. If ice is so thick as to make removal impractical, the owner or developer shall cause the roadways within the easement area and/or public right-of-way to be thoroughly covered with sand, ashes or rock salt within six hours after the accumulation of such ice.
(e) Depositing snow on streets prohibited. No person, firm, corporation, owner, tenant or occupant of any premises abutting on any street shall shovel, throw, place or deposit any snow or ice into or upon any sidewalk, accessibility ramp, road or street in the township. It is the intent and purpose of this provision to prohibit all persons from shoveling, throwing, casting, placing, plowing or depositing snow and ice, which accumulates on private property, upon sidewalks, accessibility ramps, roads or streets of the township.
Sec. 44-84. – Removal of weeds, grass, brush and other debris.
(a) Maintain sidewalk area.
(1) It shall be unlawful for any owner, tenant or occupant of any abutting lot or land where there are sidewalks or accessibility ramps constructed to permit or maintain on any such lot along the sidewalk or accessibility ramp any growth of weeds, grass or other impediments to a greater height than 12 inches.
(2) It shall be the duty of any owner, tenant or occupant of any abutting lot or land where there are sidewalks or accessibility ramps constructed to keep the sidewalks and accessibility ramps in a safe passable condition, free from weeds, grass, brush and other debris.
Sec. 44-85. - Removal by Township; cost becomes lien.
(a) Upon the failure of the owner, tenant or occupant to remove or provide for the removal of snow, ice, weeds, grass, brush and other debris as provided in this Article, the township may remove the same, and the cost thereof shall be chargeable and assessable against the lands abutting such sidewalk or accessibility ramp in the township from which the snow, ice, weeds, grass, brush or other debris is removed.
(b) The officer or employee of the township in charge of the removal thereof shall certify the cost thereof to the township council. The township council shall examine such certificate and, if found to be correct, shall cause such cost to be billed to the owner, tenant or occupant of such abutting premises on which the removal work was performed. In the case of an owner, such cost, if not promptly paid, shall become a lien and a tax upon the premises and be added to and be part of the taxes next to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
c) The provisions of this section shall not relieve any owner, tenant or occupant of the penalty provided in Section 44-81.
Article X, Maintenance and Repair of Sidewalks, of Chapter 44, Streets and Sidewalks, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced by the following:
ARTICLE X. – MAINTENANCE AND REPAIR OF SIDEWALKS
Sec. 44-315. - Enforcement of article; violations; penalty.
(1) This article shall be administered and enforced by all members of the department of police, by the township engineer, by the zoning officer and by the health officer or designated representative.
(2) Any person violating any provision of this article shall, upon conviction thereof, be punished in accordance with section 1-7 of this Code. Each and every day on which any violation exists or continues shall be a separate violation.
Sec. 44-316. – Maintenance and repair responsibilities of property owners.
(1) Every owner of property on which a sidewalk fronts is required to keep the sidewalk in a proper state of repair and free from hazardous conditions and is required to undertake all repairs that are necessary to bring the sidewalk into compliance with this article, including, but not limited to, the repair of cracked or settled sidewalks.
(2) While the property owner is responsible for the proper maintenance of the sidewalk fronting his/her property, the township engineer is authorized to direct that a property owner undertake repairs to a sidewalk that are necessary to bring the sidewalk into compliance with this article, including, but not limited to, the repair of cracked or settled sidewalks. If the township engineer decides that a proper owner must make repairs to a sidewalk, the property owner shall receive written notice identifying the repairs that are required. The written notice shall provide a reasonable amount of time for the property owner to make the required sidewalk repairs. Irrespective of whether the township engineer exercises his/her authority to direct a property owner to undertake repairs to a sidewalk, the property owner is responsible for the proper maintenance of the sidewalk fronting his/her property and remains obligated to keep the sidewalk fronting his/her property in a proper state of repair and free from hazardous conditions.
Sec. 44-317. – Maintenance and repair responsibilities of the township.
The township is responsible for keeping all accessibility ramps at road intersections in a proper state of repair and free from hazardous conditions and will undertake all repairs necessary to bring accessibility ramps at road intersections into compliance with this article. The township is not responsible for the removal of snow, ice, weeds, grass, brush and other debris from accessibility ramps at road intersections.
Sec. 44-318. - Removal of sidewalks.
The township council may grant permission for a property owner to remove the sidewalk fronting his/her property. A property owner seeking permission to remove the sidewalk fronting his/her property must submit a petition in writing to the township council indicating the reason the property owner is seeking to remove the sidewalk. When reviewing a petition seeking to remove a sidewalk, the township council will consider factors including, but not limited to, whether the sidewalk is part of a school walking route, the likelihood of additional sidewalk construction in the area and the interconnection of the existing sidewalk to other sidewalks in the area. No property owner can remove a sidewalk fronting his/her property unless the property owner receives permission from the township council in writing.
All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.
If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.
Attest
Donna Marie Luciani, Township Clerk
Township of Randolph
Christine Carey, Mayor
Legal Notice
Township of Randolph, County of Morris
Ordinance Number 19-24
Notice is hereby given that an Ordinance entitled "An Ordinance Amending Articles III, Snow and Ice, and Article X, Maintenance and Repair of Sidewalks, of Chapter 44, Streets and Sidewalks, of the Revised Ordinances of the Township of Randolph" was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on November 5, 2024 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on November 26, 2024 at 6 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to amend Article III, Snow and Ice, and Article X, Maintenance and Repair of Sidewalks, of Chapter 44, Streets and Sidewalks, of the Revised Ordinances of the Township of Randolph to clarify the responsibilities of property owners with regard to the removal of snow, ice and other obstructions from, and the proper maintenance and repair of, sidewalks within the Township.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey