Page 12 THE VILLADOM TIMES I • February 5, 2014 Franklin Lakes Borough ordinance to require clearing of hydrants by Frank J. McMahon The Franklin Lakes Borough Council is consider- ing the adoption of a new ordinance that would require property owners to clear snow and vegetation from fire hydrants located on their properties. The ordinance was introduced at the Jan. 21 public council meeting and is expected to be considered for adoption at the council’s Feb. 4 work session. The pro- posal is being considered for final passage at a work ses- sion because the council wants the ordinance in place before the winter snow season ends, and the council’s regular public meeting is scheduled for Feb. 18. Chapter 373 Section 1 Article III of the borough code, “Removal of Impediments from Sidewalks and Gut- ters,” would be renamed “Removal of Impediments from Sidewalks, Gutters, and around Hydrants,” and supple- mented by new section entitled, “Removal of Snow and Ice around Fire Hydrants.” Under this section of the code, the owner, owners, or lessees of any real property in the borough upon which any fire hydrant is located must maintain the area within a five-foot radius of the perimeter of a hydrant free of snow and ice so there is no impediment to the use of the hydrant. In addition, the removal of snow and/or ice must be completed within 12 hours of daylight after the snow has formed or fallen on or around any hydrant. The issue was first raised at the council’s work ses- sion in early January by Fire Chief Ryan Dodd. The chief advised the council that in the past his fire officers had to spend days and weeks driving around the borough to shovel the snow away from fire hydrants. Dodd also emphasized that residents should not remove the hydrant sticks that extend above the hydrants because they are necessary to allow the fire department to locate the hydrants quickly. He pointed out that delays in being able to use a hydrant during an active fire can be very costly. It was pointed out at that time that homeowners who have fire hydrants in front of their properties receive a discount on their homeowners’ insurance, and owners of properties with fire hydrants have a responsibility to clear them of snow and vegetation. In a recent posting on the borough’s website, Dodd asked residents and business owners to clear and shovel snow from around fire hydrants in front of their homes or businesses. “This greatly helps firefighting operations during inclement winter weather,” Dodd said. “With the accu- mulation of snow, hydrants become covered or obstructed and when the fire department has to clear a hydrant during an active fire that needs their attention that causes delays which could result in additional property damage or even loss of life.” Dodd also urged residents to check their fire hydrants and if the hydrant in front of their home or business does not have a flag on top that extends above the hydrant they should contact the fire department at (201) 891-5736. Court settles dispute over left turns (continued from page 3) found that the prohibition of left turns for vehicles exit- ing his property does not constitute a taking that requires just compensation. “A regulatory action amounts to a taking when the regulation so restricts the use so that the land cannot practically be utilized for any reasonable purpose,” Carver stated, “or when the only permitted uses are those to which the property is not adapted, or which are economically unfeasible.” Carver pointed out that, while access to a public highway is a property right and its deprivation requires just compensation, the property owner is not entitled to access to his land at every point between it and the high- way but only to the free and convenient access to his property and the improvements to it. He also stated that a landowner is not entitled to com- pensation by virtue of inconvenience caused by the need to follow a more circuitous route. “Here there has been no restriction or diminution in the access to the roadway,” Carver wrote, pointing out that the borough has simply imposed a restriction on the turns motorists can make when departing the shopping center property during a limited period on weekdays. The ordinance was adopted over Decker’s objections because it also included a prohibition of left turns from the intersection of McCoy Road onto Colonial Road at the southwestern end of McCoy Road at all times. That location was the scene of a fatal accident that occurred on December 24, 2010 when a vehicle was making a left turn from McCoy Road onto Colonial Road and was struck by a vehicle that was traveling south on Colonial Road. At the time, Mayor Frank Bivona said he wanted to adopt the ordinance immediately because he felt the left turn prohibition at the McCoy Road intersection was very important and he wanted to start enforcing it as soon as possible.