Ordinance No. 03-12

Introduced: February 2, 2012
Public Hearing: March 1, 2012
Status: Adopted

An ordinance amending and supplementing Chapter 44, Streets and Sidewalks, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, by the addition of Article X, Maintenance and Repair of Sidewalks

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, proper maintenance and repair of sidewalks and accessibility ramps in the Township of Randolph is necessary for the safety of the general public; and

WHEREAS, the Revised Ordinances of the Township of Randolph, Morris County, New Jersey do not contain regulations establishing the responsibilities of property owners and the responsibilities of the Township with regard to the maintenance and repair of sidewalks and accessibility ramps; and

WHEREAS, the Township of Randolph desires to amend and supplement Chapter 44, Streets and Sidewalks, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, by the addition of Article X, Maintenance and Repair of Sidewalks, to establish the responsibilities of the Township and the responsibilities of property owners with regard to the maintenance and repair of sidewalks and accessibility ramps.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION ONE. Chapter 44, Streets and Sidewalks, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, is hereby amended by the addition of 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 construction official/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. 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 and accessibility ramps at road intersections free and clear of snow and ice. If a property on which a sidewalk fronts is a commercial property or is located on a designated school walking route, all snow and ice shall be removed within 12 hours of daylight after any snowfall or accumulation of ice occurs. If ice is so frozen as to make removal impractical, the owner of a commercial property or property located on a designated school walking route shall cause the sidewalk to be thoroughly covered with sand, ashes or rock salt within 6 hours of daylight after the accumulation of such ice. The owners of all properties other than commercial properties or those properties located on a designated school walking route shall cause all snow and ice to be removed within 24 hours of daylight after any snowfall or accumulation of ice occurs.

(2) The owner of the 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.

(3) While the property 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 and ice 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 designated 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.

SECTION TWO. 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.

SECTION THREE. 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.

SECTION FOUR. This Ordinance shall take effect as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Michael Guadagno, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 03-12

Notice is hereby given that an Ordinance entitled “An Ordinance Amending and Supplementing Chapter 44, Streets and Sidewalks, Of The Revised Ordinances Of The Township Of Randolph, Morris County, New Jersey, by the Addition of Article 10, Maintenance and Repair of Sidewalks” 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 February 2, 2012 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 March 1, 2012 at 7 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 amend and supplement Chapter 44, Streets and Sidewalks, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, by the addition of Article X, Maintenance and Repair of Sidewalks, to establish the responsibilities of the Township and the responsibilities of property owners with regard to the maintenance and repair of sidewalks and accessibility ramps.

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