Denville says NJ Transit stopped clearing Route 53 sidewalk snow, sends formal notice after talks stall
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 said the agency stopped maintaining the walkway sometime within the past year and discussions between attorneys reached what the Township described as 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 local officials later learned the practice had stopped without notice. The Township said its municipal code requires the owner or tenant of property next to a sidewalk to remove snow and ice within 12 hours of daylight after accumulation.
Town officials said the issue has become more urgent because nearby New Jersey Department of Transportation roadwork on Route 53 has shifted traffic and closed shoulders in the area, potentially leaving pedestrians with less room when the sidewalk is not passable.
According to the Township, NJ Transit has argued that snow removal there is the responsibility of the New Jersey Department of Transportation, while NJDOT has indicated it views the responsibility as NJ Transit’s. Denville said it referred the matter to its attorney after learning the sidewalk was no longer being cleared, but that negotiations eventually stalled.
Under Denville’s municipal code, “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 step in, remove the snow or ice itself, and charge the cost to the adjoining property owner, where it can become a lien added to the property’s taxes.
In its Feb. 3 notice, the Township said it considers NJ Transit to be the owner of the property adjacent to the sidewalk segment in question and therefore responsible for clearing it under the ordinance.
Route 53 is a state highway in Morris County that runs north into Denville and passes beneath NJ Transit rail infrastructure near the area at issue. At the same time, NJDOT has been carrying out a Route 53 pavement preservation project that includes drainage work and curb and sidewalk reconstruction. That project has involved temporary traffic shifts, including moving one direction of traffic onto the opposite side of the roadway to create a work zone.
The Township’s notice asks residents who want to register complaints to call NJ Transit customer service at (973) 275-5555.