[Adopted 10-3-1989 by Ord. No. 766-89 as
Sec. 14-3 of the 1982 Revised General Ordinances (Ch. 287, Art. III,
of the 1993 Code)]
A.
Pursuant to N.J.S.A. 40:67-23.1, effective January
1, 1990, the Township of Hazlet shall provide for the removal of snow,
ice and other obstructions in the streets and roadways and the payment
of the periodic utility bills for the lighting of the streets and
roadways and for the fire hydrants within the sections of the Township
known as "Fieldcrest" and "Dutch Village Estates."
B.
In the development known as "Village Green," the Township
of Hazlet, effective January 1, 1990, shall provide for the removal
of snow, ice and other obstructions only on the street within the
development that serves as a connector street between Beers Street
and Clark Street and the payment of the periodic utility bills for
the lighting of said street. Additionally, payment of utility bills
for all fire hydrants within the entire development will be provided.
None of the services or work described in this
article shall be undertaken by any department of the Township of Hazlet
or any of its agents until such time as the Township is in receipt
of a written agreement, approved as to form by the Township Attorney,
whereby the condominium association or homeowners' association charged
with the management of the affairs and common properties of the developments
aforesaid, separately agree and undertake to defend the Township of
Hazlet, its agents, officers and employees and hold them harmless
from any claims for damages to streets, curbs and sidewalks lying
within the respective developments which may arise as a result of
the Township's providing such services or work. Such agreement shall
further specify that the association for itself, its successors and
assigns releases the Township of Hazlet, its agents, officers or employees
from any liability by virtue of the Township providing such services
or work.
All work and services described herein shall
be provided in accordance with such schedules and methods as shall
be determined from time to time by the Township of Hazlet and its
various departments involved with the administration of this article.
Nothing in this article shall be deemed to require
that the streets and roads affected by this article are to be dedicated
to the Township of Hazlet or require the Township of Hazlet to accept
such streets or roadways by way of dedication.
Any new condominium or townhouse project that
shall receive approval to construct within the Township of Hazlet
shall not be beneficial to the conditions of this article until two
years following final completion and acceptance of said improvements
by the Township of Hazlet.