[Adopted 6-27-2006 by Ord. No. 2006-15]
A.
Upon the issuance of a certificate of occupancy for
any building or structure on any new dedicated street or roadway which
is open to the public or to which the public is invited, in a subdivision
or development which is the subject of an application for development
within Andover Township, and prior to the acceptance of such dedication
by the Township, the developer shall be required to keep and maintain
said streets or roadways free and clear of snow and ice, within six
hours of daylight after the same shall have fallen or be formed thereon,
and the same shall be open to public use and shall permit access to
police, fire-fighting, and emergency vehicles in accordance herewith.
B.
Each developer shall be required to post a separate cash performance guaranty for snow removal in the amount of $100 per 100 linear feet of road or $1,500, whichever is greater. In the event of failure of the developer to satisfactorily provide snow removal as required by Subsection A above, the Township shall have the right, but not the obligation, to take the necessary actions and charge the cost of said snow removal against the cash performance guaranty, and the developer shall not seek compensation from the Township pursuant to N.J.S.A. 40:67-23.5. The costs incurred thereby shall be certified to the governing body by the Public Works Department, which certification shall be presented to and reviewed by the governing body. Such costs shall be computed so as to defray and meet the expenses incurred by the Township, including, but not limited to, the costs of labor, materials and the costs to repair any and all injury or damage done to the roadway or occurring to same during such snow and ice removal operations, or caused thereby. Such costs shall be charged to and paid by the developer to the Township to replenish the cash performance guaranty, in the amount so certified, within 10 days of the receipt of a bill for the same. Upon acceptance of the subdivision improvements by the Township, the remaining cash performance guaranty balance shall be returned to the developer.
The Township shall not be obligated to provide
advance notice to the developer of the Township's intention to cause
snow and/or ice to be removed if, in the reasonable judgment of the
Township Manager, such snow and/or ice poses a threat to the health,
safety and welfare of the residents of the Township who use such streets
and roadways.
Andover Township shall have no liability or
responsibility whatsoever for any damage that may be done to catch
basins, manholes, curbs, gutters, driveways, or other improvements,
or to said streets or roadways, which damage may occur during said
snow and ice removal, and the development owner shall indemnify and
hold the Township harmless in writing with respect thereto. Andover
Township shall have no liability for damages and/or injuries resulting
from its failure to act and/or its delay in acting to remove snow
and/or ice from dedicated but not accepted streets and/or roadways,
and the development owner shall indemnify and hold the Township harmless
in writing from and against all claims and/or proceedings arising
out of such damages and/or injuries.
[Amended 9-10-2007 by Ord. No. 2007-16]
Any person who fails to satisfactorily provide snow removal in accordance with the requirements of § 155-18A above shall, upon conviction thereof, be punished by a fine of not less than $100 nor more than $2,000 or imprisonment in the county jail for a term not exceeding 90 days, or by a period of community service not exceeding 90 days, or any combination thereof. Each day a particular violation continues shall constitute a separate offense. The above-stated penalties shall be in addition to the restoration of the snow removal guaranty as required in § 155-18B above.
