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DENVILLE — The Township says it is sending a formal notice to NJ Transit over snow removal along a sidewalk on New Jersey Route 53 between two railroad trestles, after officials say the transit agency stopped maintaining the walkway sometime within the past year and discussions between attorneys “reached an impasse.”
In a notice posted Feb. 3, the Township said NJ Transit and/or its agents had maintained the sidewalk, including snow removal, “for decades,” but that the Township became aware the practice had stopped without notice. The Township said its local code requires the “owner or tenant” of property abutting a sidewalk to clear snow and ice within 12 hours of daylight after accumulation.
The dispute has taken on added urgency, the Township said, because New Jersey Department of Transportation roadwork has shifted traffic and closed shoulders in the area, potentially squeezing space for pedestrians when sidewalks are not passable.
According to the Township’s posting, NJ Transit has told the Township it believes snow removal is the obligation of New Jersey Department of Transportation, while New Jersey Department of Transportation has indicated it views the responsibility as NJ Transit’s.
The Township said it elevated the issue to its attorney’s office after learning the sidewalk was no longer being cleared, but negotiations stalled.
Denville’s municipal code states that “the owner or tenant of any lands abutting upon the public highways of the Township shall remove all snow and ice” from adjoining sidewalks, generally within 12 hours of daylight after snowfall or ice formation. The ordinance also allows the Township to remove snow and ice if an owner or tenant fails to do so and to charge the cost against the abutting property, where it can become a lien added to the property’s taxes.
In its Feb. 3 posting, the Township said it considers NJ Transit the owner of the property adjacent to the sidewalk segment in question and therefore responsible under the ordinance.
Route 53 is a state highway in Morris County that runs north into Denville Township and passes under NJ Transit rail infrastructure near the area of the township’s complaint.
Separate from the snow-removal dispute, the New Jersey Department of Transportation has been undertaking a Route 53 pavement-preservation project that includes drainage work and curb and sidewalk reconstruction, with temporary traffic shifts that move one direction of traffic onto the opposite side of the roadway to create a work zone.
The Township’s notice asks residents who wish to register complaints to call NJ Transit’s customer service line at (973) 275-5555.
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