The purpose of this article is to protect the
public health, safety, morals and welfare by establishing minimum
standards governing the maintenance, appearance and condition of nonresidential
premises and multifamily dwellings by establishing standards governing
facilities and conditions of said facilities and fixing penalties
for the violation of this article.
The following terms, wherever used herein, shall
have the following meanings:
A building or buildings or any part thereof and the lot or
tract of land upon which the building or buildings are situated, where
commercial and/or industrial activity of any kind takes place.
The Township Enforcement Officer shall be defined as the
Zoning Officer, Health Officer, Chief Construction Official, Township
Engineer or any other Township officials so designated by the Township
Committee to enforce the provisions of this article. Nothing herein
shall preclude any Township employee engaged in the enforcement of
laws and ordinances from enforcing the provisions hereof.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
This means any building or structure and any land appurtenant
thereto and any portion thereof, in which three or more dwelling units
are occupied or intended to be occupied by three or more persons living
independently of each other. Multifamily dwelling also means any group
of 10 or more buildings on a single parcel of land or on contiguous
parcels under common ownership, in each of which two dwelling units
are occupied or intended to be occupied by two persons or households
living independently of each other, and any land appurtenant thereto,
and any portion thereof.
A.
Landscaping. All commercial, industrial and multifamily
dwelling properties shall be kept landscaped in accordance with or
equal to the original landscape site plan as approved by the Planning
Board or Zoning Board of Adjustment. Bushes, lawns, hedges and all
other features included in the approved landscape plan shall be maintained
and kept from becoming overgrown and unsightly or in any form of neglect
or disrepair. Landscaping violation complaints may be brought by any
resident or the Township Enforcement Officer.
B.
Parking lots. All parking lots shall be maintained,
where applicable, according to the original site plan or any amendments
thereto. The surface of the pavement shall be kept in a good state
of repair, free from pot holes, defects, debris, rubbish, rocks and
litter. Parking lot violation complaints may be brought by an resident
or the Township Enforcement Officer.
D.
Refuse and natural growth. The exterior of the premises
and all structures thereon shall be kept free of all nuisances, unsanitary
conditions and any hazards to the safety or health of occupants, pedestrians
and other persons utilizing the premises and any of the foregoing
conditions shall be promptly removed and abated by the owner/operator.
It shall be the duty of the owner/operator to keep the premises free
of such conditions which include, but are not limited to, the following:
[Amended 11-9-2016 by Ord. No. 2016-21]
(1)
Brush, weeds, broken glass, stumps, roots, obnoxious
growths, filth, garbage, trash, refuse and debris.
(2)
Dead and dying trees and limbs or other natural growth
which by reason of rotting or deteriorating conditions or storm damage
constitute a hazard to persons in the vicinity thereof. Trees shall
be kept pruned and trimmed to prevent such conditions.
(3)
Loose and overhanging objects and accumulations of
ice and snow which by reason of location above ground level constitute
a danger of falling on persons in the vicinity thereof.
(4)
Holes, excavations, breaks, projections, obstructions,
litter, icy conditions, uncleared snow and excretion of pets and other
animals on paths, walks, driveways, parking lots and parking areas
and other parts of the premises. Holes and excavations shall be filled
and repaired. Walks and steps replaced and other conditions removed
where necessary to eliminate hazards or unsanitary conditions with
reasonable dispatch upon their discovery.
(5)
Accumulations of water, vegetation or other matter
which might serve as a source of food or as a harboring or breeding
place for infestation.
(6)
Walks, courts and other paved areas shall be kept
clean of litter, dirt, mud or other conditions hazardous to pedestrians.
E.
Stormwater facilities.
[Added 11-9-2016 by Ord.
No. 2016-21]
(1)
All parts of the premises shall be graded and, where necessary, provided
with runoff drains and other means to carry off and dispose of surface
water in such a manner as to eliminate any recurrent or excessive
accumulations of stormwater on the premises, without causing excessive
accumulations of water on adjoining properties.
(2)
All parts of the premises shall drain within 24 hours of the cessation
of any storm.
(3)
The property owner is responsible to maintain all stormwater facilities
on site. The property owner must submit an annual inspection report
prepared by a professional engineer or New Jersey certified stormwater
inspector to the Hillsborough Engineering Department by June 30 of
each year. The inspection report must reference review all stormwater
facilities on site, including retention/detention systems, stormwater
catch basins, drainage ditches/swales, stormwater pipe systems and
porous pavement. The inspection report must reference whether the
stormwater facilities are in good working order and whether any repairs
or maintenance are required. All repairs and maintenance referenced
in the inspection report must be completed by October 1 of each year.
Failure to comply may result in the issuance of a notice of violation
and the imposition of the penalties set forth herein.
With respect to every industrial, commercial
and multifamily dwelling property and accessory structures related
thereto:
A.
The exterior of every structure or accessory structure,
fence or other improvement on the premises shall be kept in good repair
and all exposed surfaces subject to deterioration shall be protected
against weathering or deterioration by a protective coating appropriate
for the particular material involved as needed.
B.
All exterior windows and window frames shall be painted
with at least one coat of suitable exterior paint or other preservative
as needed, except where constructed of an approved atmospheric corrosion/resistant
metal or other equivalent material.
C.
All exposed surfaces susceptible to decay shall be
kept at all times painted or otherwise provided with a protective
coating sufficient to prevent deterioration. Damage to materials must
be repaired or replaced. Places showing signs of rot, leakage, deterioration
or corrosion, weathering or seepage are to be restored and protected.
D.
The exterior surfaces shall be maintained to eliminate
conditions reflective of deterioration or inadequate maintenance such
as broken glass, loose shingles, crumbling stone or brick or excessive
peeling of paint.
E.
The exterior of the buildings shall be free of loose
material that may create a hazard by falling on persons utilizing
the premises.
F.
All exterior walls, roofs, windows, window frames,
doors, door frames, sky lights, foundations and other parts of the
structure shall be maintained as to keep water from entering the structure
to prevent excessive drafts or heat loss during cold or inclement
weather and to provide a barrier against infestation. Damaged or badly
worn materials shall be repaired or replaced and places showing signs
of rot, leakage or deterioration or corrosion shall be treated or
restored to prevent weathering or seepage.
G.
Leaders and drain pipes shall be securely fastened
to the building and maintained in good condition free of leaks, kept
clean and free of obstructions and shall direct storm waters in to
draining systems and away from the foundation walls of the structure.
A.
Except where an alternative method providing equivalent
health and safety methods is utilized, such as incineration or compaction,
there shall be provided for each commercial, industrial and multifamily
dwelling property, noncorrosive, impervious and noncombustible receptacles
sufficient in size and number to contain waste accumulated in each
separate building, pending collection, either in conformance with
the municipal collection schedule, or, in the absence thereof, twice
weekly. The receptacle shall be so constructed as to hold their contents
without leakage and shall be provided with tight fitting covers and
handles.
B.
Receptacles for the collection of garbage shall be
located so as not to constitute a hazard and located so as to be accessible
to the collection agency.
C.
Garbage collection receptacles shall be kept covered,
shall be maintained in good repair and shall be kept in the area designated
for storage of such receptacles. All such receptacles shall be cleaned
and disinfected at least once a week.
The Township Enforcement Officer upon becoming
aware of a violation of the standards set forth herein, shall immediately
post a notice of the violation with the property owner or leave said
notice in a noticeable place on the property. Said notice shall advise
the owner that the violation is to be removed within 10 days and shall
indicate that, upon failing same, a municipal official may see to
said removal at the owner's expense.
With respect to multifamily dwelling properties,
this article is intended to supplement that section of the New Jersey
Administrative Code entitled "Regulations Per Maintenance of Hotels
and Multifamily Dwellings" as promulgated by the State of New Jersey,
Department of Community Affairs, Division of Housing. The owners of
multifamily dwellings are to understand that they are required to
comply with both the state code with respect to multifamily dwellings
and the regulations contained within this article. In any case where
the provisions of this article impose a higher standard than as set
forth in the Regulations for Maintenance of Hotels and Multifamily
Dwellings, the standards set forth herein shall prevail but, if the
provisions of this article impose a lower standard than the state
code with respect to multifamily dwellings, then the higher standard
contained in the state regulations are to apply.
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $1,250 by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed for each day
during or on which a violation occurs or continues.
