Chapter 215: Occupancy Limitations on Residential Housing

For the purpose of this chapter, the following terms shall be defined as:

Any building or structure, or part thereof, used for human habitation, use or occupancy and includes any accessory buildings and appurtenances belonging thereto or usually enjoyed therewith.

DWELLING UNIT or HOUSING UNIT

Any room or group of rooms, or any part thereof, located within a building to be used for living, sleeping, cooking and eating.

HABITABLE ROOM

A room or enclosed floor space within a dwelling unit used or designed to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or corridors, closets and storage spaces.

OCCUPANT

Any person or persons in actual possession of and living in the building or dwelling unit, including the owner.

§ 215-2 Residential housing unit occupancy limitations.

The occupancy of residential housing units in the Borough of Netcong shall be limited by the following:

A dwelling unit shall contain not less than 150 square feet of floor space for the first occupant thereof and not less than 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the base of total habitable room area.

Every room occupied for sleeping purposes by one occupant shall contain not less than 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain not less than 50 square feet of floor space for each occupant thereof.

At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling is less than five feet shall not be considered as part of the floor area in computing the total floor area in the room for the purpose of determining the maximum permissible occupancy thereof.

A room located in whole or in part below the level of the ground may be used for sleeping, provided that the walls and floors thereof in contact with the earth have been damp proofed, and provided that all requirements otherwise applicable to habitable rooms as established in the Uniform Construction Code, Uniform Fire Code and New Jersey State Housing Code are satisfied.[1]

[1]

Editor's Note: See Chs. 140, Construction Codes, Uniform, 157, Fire Prevention, and 186, Housing Standards, respectively.

§ 215-3 Responsibility for compliance with occupancy limitations.

Any individual who owns, leases, occupies or maintains any housing unit, including rental housing, within the Borough of Netcong in violation of the occupancy limitations set forth in § 215-2 shall be deemed to have violated this chapter.

§ 215-4 Designation of enforcement officer.

The Zoning Officer of the Borough of Netcong is hereby designated as the officer to exercise the powers prescribed by this chapter.

§ 215-5 Search warrant.

The Zoning Officer may apply to the Municipal Court Judge of the Borough of Netcong for a search warrant to gain access to any dwelling where said officer has probable cause to believe that a violation of this chapter is occurring or where such inspections are required as part of a routine inspection survey.

§ 215-6 Violations and penalties.

Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $500 nor more than $1,250 or by imprisonment in the county jail for a term not exceeding 90 days, or by a period of community service not exceeding 90 days, or any combination thereof, for each violation. Each day a particular violation continues shall constitute a separate offense.