BARNEGAT – An ordinance requiring sidewalks to be cleared after snowfall has sparked concern among residents of several Barnegat retirement communities this winter. Township officials are now moving to clarify the rule so homeowner associations can follow their own snow removal policies.
The Township Committee introduced the amendment on first reading during its March meeting. A second reading and public hearing are expected in April before a final vote.
Under the existing rule, property owners must remove snow and ice from sidewalks bordering their property within 12 hours of daylight after snowfall or ice formation. If removal is not possible, the ordinance requires sidewalks to be treated with sand, ashes or similar material to prevent slipping. Sidewalks must also be cleared to a minimum width of 24 inches.
The amendment adds language addressing sidewalks located in private common-interest communities, such as retirement communities governed by homeowner associations. The new language specifies that when an HOA has its own regulations regarding sidewalk snow removal, property owners in that community must comply with those HOA rules rather than the township’s ordinance.
In effect, the amendment allows planned communities to follow their own policies.
Pheasant Run Raises Concerns
The ordinance issue drew particular attention in Pheasant Run, Barnegat’s first age-restricted community. The development opened in 1987 and now includes 375 homes.
The homeowners association contracts for snow removal when snowfall exceeds four inches, focusing on clearing driveways and walkways leading to homes.
At a recent HOA meeting, residents were told that the association owns the sidewalks within the development and historically has not arranged for them to be shoveled. Some residents had been under the mistaken impression that individual homeowners were responsible for maintaining the sidewalks.
Township Administrator Martin Lisella said the township began hearing from residents after the storms. “People were coming to my office and complaining about their own HOA,” Lisella said. “Well, we have nothing to do with how HOAs run their community. We do have an obligation to uphold our ordinances.”
Lisella said one resident suggested that the township simply issue tickets to everyone in the development who failed to clear sidewalks.
“I said, first of all they’ll execute you,” Lisella joked. He added that unpaid violations could eventually lead to serious consequences.
“I explained to him that the committee was in the process of putting an addendum to that ordinance for HOA communities that decide themselves how much money they want to spend,” he said. “Because when you add sidewalk clearing to the rest of the snow removal, your fees are going to go up.”
The Pheasant Run Board of Trustees told its members that because the association owns the sidewalks, it would be subject to any fines imposed for failing to remove snow. Based on the number of homes in the development, the board estimated that penalties could theoretically total about $92,000 per day if violations were issued across the community.
Several Pheasant Run residents attended the March Township Committee meeting to discuss the issue. Among them was Robert Caprara, vice president of the homeowners association. Caprara said he circulated a petition within the community asking that age-restricted developments be excluded from the ordinance.
“I see that you guys are already doing that change and giving it to the power of the communities to make that decision,” Caprara said. “So just so you have more firepower or whatever you want, this petition is in agreement with you.”
Officials Get Calls
Township officials said they received numerous calls from residents in several private communities following the recent snow and ice storms.
Lisella said each homeowners association operates differently when it comes to snow removal responsibilities. “This includes rules regarding their HOA’s obligations to remove snow from sidewalks and even the snowfall accumulation that would trigger plowing driveways and walkways,” he said.
Some residents also questioned whether the sidewalk clearing rule made sense for senior communities. Resident John Murrin said the original purpose of sidewalk snow removal laws was to create safe routes for children walking to school.
“Senior communities do not have children,” Murrin said.
Resident John Genneralli also praised the township’s efforts in clearing roads during the storms but said the sidewalk rule may not be practical for older residents.
Agreeing with Murrin that the rule was originally intended to protect schoolchildren, Genneralli suggested that 55-and-older developments should be exempt from the requirement. He said many residents already struggle to clear their driveways after storms.
Township officials said exempting age-restricted communities outright could create legal problems. Township Attorney Chris Dasti explained that laws cannot treat groups of residents differently based solely on age.
“Not to get into a constitutional class about this, there’s an equal protection issue of the Constitution that means government entities can’t treat one class of individuals differently than anybody else,” Alessi said. “In order to adopt an ordinance that would exempt people of a certain age, that could be ruled unconstitutional.”
Instead, the proposed amendment would allow homeowner associations to follow their own governing rules regarding snow removal within their communities.
Expected to be approved after the second reading next month, the change would clarify that in private common-interest communities where HOAs already regulate sidewalk snow removal, property owners must follow those HOA regulations rather than the township’s standard ordinance.
Township Praises DPW Storm Response
Discussion of the ordinance came during a meeting that also included praise for the township’s response to recent winter storms.
Township officials said snow quickly turned to ice during the storms, creating hazardous conditions that required nearly continuous work to keep roads open for emergency responders.
Deputy Mayor Fred Rubenstein described the situation as an emergency that demanded around-the-clock effort to ensure police, fire and first aid squads could reach residents.
Leading the effort, officials said, was Public Works Director Mike Ball and his crew, who worked close to 26 hours without a break during the storm. “They got the job done for the safety of every man, woman and child,” Rubenstein said while thanking Ball and the Department of Public Works during the meeting.
