Township of Plainsboro, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Plainsboro as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Apartment complex security — See Ch. 50.
Road openings — See Ch. 76.
Reimbursement program — See Ch. 77A.
Streets and sidewalks — See Ch. 82.
[Adopted 12-8-1993 by Ord. No. 0-93-1918]

§ 79-1 Responsibility for snow and ice removal.

[Amended 1-22-1997 by Ord. No. 0-97-01]
A. 
The owner or his agent shall cause all sidewalks, streets and parking areas in apartment complexes and to be cleared of snow within 24 hours after the first daybreak after the same shall fall or be formed and, in the event of ice which may be so frozen as to make removal impractical, shall apply sand, sawdust, ashes, salt or other harmless substance to the portion not removed and shall, as soon as possible thereafter, remove the remainder, together with any substance which has been applied to it.
B. 
Public streets dedicated but not accepted by the Township. The owner, developer or his agent shall cause all public streets dedicated but not accepted by the Township to be cleared of snow within 24 hours after the first daybreak after the same shall fall or be formed and, in the event of ice which may be so frozen as to make removal impractical, shall apply sand, sawdust, ashes, salt or other harmless substance to the portion not removed and shall, as soon as possible thereafter, remove the remainder, together with any substance which has been applied to it.

§ 79-2 Deposit of snow in streets prohibited.

No owner, tenant, occupant or agent of the owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit any snow or ice into or upon any street in the Township, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow or ice which accumulates within the private property belonging to that person upon the sidewalks or streets of the Township of Plainsboro.

§ 79-3 Removal by Township; costs to become lien.

In case such snow and ice shall not be removed from such sidewalks, streets and parking areas or shall be cast or deposited thereon or placed upon the sidewalks or the street by the owner, tenant, occupant or agent of the owner, tenant or occupant of any premises hereinabove provided, the same shall be removed forthwith under the direction of the Director of Public Works, and the cost of such removal, as nearly as can be ascertained, shall be certified by the Director of Public Works to the Chief Financial Officer. The governing body shall examine such certification and, if found to be correct, shall cause such cost to be charged against the real estate so abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien and a tax upon the real estate or land and added to, recorded and collected in the same way and manner as the taxes next to be levied and assessed upon the premises and shall bear interest and be enforced and collected by the same officers and in the same manner as taxes. The imposition and collection of a fine or fines or any other penalty shall not constitute any bar to the right of the Township of Plainsboro to collect the cost as certified for the removal of snow and ice in the manner herein authorized.

§ 79-4 Snow removal on private streets and public streets dedicated but not accepted by Township.

[Amended 1-22-1997 by Ord. No. 0-97-01]
If, during the existence of a snow emergency, roads that are not owned or maintained by the municipality, such as private roads located within a housing complex or public streets dedicated but not accepted by the Township, have not been freed of snow, but it is essential to the public health, safety and welfare that they be freed of snow, the Director of Public Works may order the removal of the snow by the use of Township personnel and machinery. The cost of said snow removal by the Township shall be ascertained and certified by the Director of Public Works to the Chief Financial Officer. The governing body shall examine such certification and, if found to be correct, shall cause such cost to be charged against the owner of said road, and the amount so charged shall become a lien and a tax upon the real estate or land and be added to, recorded and collectible in the same way and manner as the taxes to be levied and assessed upon the premises and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or fines and any other penalties for violation of any of the provisions of this article shall not constitute any bar to the right of the Township of Plainsboro to collect the cost as certified for the removal of snow or ice in the manner herein authorized. In the case of snow removal from a government maintained road, the amount certified shall be submitted by voucher to the governing body maintaining such road.

§ 79-5 Plan for snow and ice removal.

[Amended 1-22-1997 by Ord. No. 0-97-01]
Every owner or his agent of an apartment complex, owner, developer or his agent of a public street that is dedicated but not accepted by the Township shall file with the Director of Public Safety within 10 days after the effective date of this article and annually on November 1 a written plan for snow and ice removal. The plan shall include the name and telephone number of a person responsible for snow and ice removal from the complex who can be reached 24 hours a day; the name, address and telephone number of the contractor who is responsible for snow removal; a list of all equipment and supplies available for snow and ice removal; and the response time for the contractor to take action for snow and ice removal and the place to which the snow and ice will be removed.

§ 79-6 Enforcement.

The provisions of this article shall be enforced by the Plainsboro Township Police Department.

§ 79-7 Violations and penalties.

Any person or corporation violating any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $1,000. Each and every twenty-four-hour period in which the violation exists shall be a separate and distinct violation subject to the penalties stated herein.

§ 79-8 Severability.

If any part of this article shall be held invalid, the holding shall not affect the validity of the remaining provisions of this article or the remaining parts of this article.

§ 79-9 When effective.

This article shall take effect upon final passage and publication according to law.
[Adopted 8-12-1998 by Ord. No. 0-98-20]

§ 79-10 Snow and ice removal.

An owner-occupant or tenant shall cause the sidewalk in its entire width to be cleared of snow within 24 hours after the first daybreak after the same shall fall or be formed and, in the event of ice which may be so frozen as to make removal impractical, shall apply sand, sawdust, ashes, salt or other harmless substance to the portion not removed and shall, as soon as possible thereafter, remove the remainder, together with any substance which has been applied to it.

§ 79-11 Deposit of snow and ice.

No owner, tenant or occupant of any premises abutting on any street or sidewalk shall throw, place or deposit any snow or ice which has accumulated upon private property into or upon any public sidewalk, bicycle route or the paved portion of any public street in the Township or into or upon any area within the right-of-way lines of any street in such a way as to hinder the passage of persons, bicycles or vehicles or obstruct vision.

§ 79-12 Owner required to cut grass, weeds and overhanging limbs or branches adjacent to sidewalk and curb.

The owner of every lot of land abutting upon the public highways of the Township shall cut and remove all grass and weeds over six inches in height for a distance of three feet from any public sidewalk or highway and any overhanging branches and limbs which interfere with pedestrian use of the sidewalk. Such owner shall also cut and remove all grass and weeds over six inches in height from the area between the sidewalk and the curb.

§ 79-13 Removal by Township on owner's default; prior notice to owner; cost; lien.

Whenever any owner-occupant or tenant shall fail to comply with the provisions of § 79-10 or 79-12 in the manner therein prescribed, the Director of Public Works is authorized and empowered to remove or cause to be removed such snow, ice, grass, weeds and overhanging limbs or branches, as the case may be, provided that, before removing or causing to be removed any grass, weeds, overhanging limbs or branches, shall give the owner at least three days' notice of his intention to have the required work performed, should the owner fail to comply with the provisions of § 79-12 within the period of notice. No notice is required for the removal of snow or ice as required by § 79-10. Upon the completion of any such removal, the Director of Public Works shall certify the cost thereof to the Township Committee, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against the land abutting or bordering such sidewalk; the amount so charged shall forthwith become a lien upon such land and shall be added to and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.

§ 79-14 Duty to maintain and repair sidewalks; notice; costs.

A. 
Duties of owners/occupants. The owner, occupant or tenant of the premises abutting or bordering upon any street in the Township shall repair and maintain the abutting sidewalks of such streets in accordance with the Standard Construction Detail for Sidewalks on file in the office of the Director of Planning and Zoning.
[Amended 12-12-2007 by Ord. No.0-07-25]
B. 
Notice to repair. Whenever an owner, occupant or tenant of such property shall fail to maintain and repair the sidewalks abutting his property or shall permit them to deteriorate into such condition that the safety of the public is impaired, written notice shall be given to the owner and occupant or tenant, if any, directing him to perform such maintenance or repairs within 30 days after the giving of the notice.
C. 
Contents of notice; service. The notice shall contain a description of the property sufficient to identify it but need not contain a legal description. Notice may be given in the same manner as provided for the service of judicial process in any of the courts of the State of New Jersey or by sending it registered mail, return receipt requested, addressed to the owner and occupant or tenant, if any, at his last known post office address.
D. 
Noncompliance procedure. If the owner and occupant or tenant, if any, of such lands to whom such notice shall have been given as aforesaid shall refuse or neglect to perform such repairs or maintenance within the thirty-day period, then the work may be performed by the Township. The cost of said work, when certified to the Township Committee and found by it to be correct, shall be charged against the property affected, as provided for in N.J.S.A. 40:48-2.14 et seq. The amount so charged shall forthwith become a lien upon such lands and shall be added to the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.

§ 79-15 Enforcement.

The provisions of this article shall be enforced by the Plainsboro Township Police Department.

§ 79-16 Violations and penalties.

[Amended 4-13-2005 by Ord. No. 0-05-05]
Any person or corporation violating any provision of this article shall be punished by a fine of $50 for the first offense, $100 for the second offense and up to $500 for each subsequent offense thereafter. Each and every twenty-four-hour period in which the violation exists shall be a separate and distinct violation subject to the penalties stated herein.