[HISTORY: Adopted by the Township Committee of the Township of Upper Deerfield 6-4-2009 by Ord. No. 633. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ICA INDEX
The ICA Index shall be derived by first computing the percentage of the entire population of the Township which is represented by the population of a given multiunit complex and then comparing that to the ICA for the same multiunit complex as a ratio. By way of example, if the population of the Township is 10,000 and the population of the multiunit complex is 1,000, then the multiunit complex would comprise 1,000/10,000 or 0.10 (or 10%) of the Township's entire population. If the same multiunit complex's ICA is 12% or 0.12, then the ICA Index would be computed as follows: 10 to 12 or 1:1.2.
INDEX OF CRIMINAL ACTIVITY (ICA)
A. 
The Index of Criminal Activity shall include the number of criminal events occurring within a given six-month calendar period (January 1 to June 30 and July 1 to December 31), as reported and verified by the New Jersey State Police in the following categories:
(1) 
Murder/attempted murder.
(2) 
Assault/assault in progress.
(3) 
Sexual assault.
(4) 
Armed robbery.
(5) 
Burglary/theft.
(6) 
Criminal mischief.
(7) 
Fights/altercations.
(8) 
Discharge of firearms/shooting incidents.
(9) 
Harassment/terroristic threats.
(10) 
Disorderly persons.
B. 
The source of the information for determining the ICA shall be derived from the database kept and maintained by the New Jersey State Police and U.S. census population data and interim projections of Township population between census.
C. 
The ICA for any given multiunit complex shall be computed by comparing the number of criminal events for the entire Township of Upper Deerfield to the number of criminal events within a given multiunit complex. More specifically, the number of criminal events in the multiunit complex shall be the numerator of a quotient and the number of criminal events for the entire Township shall be the denominator of the same quotient. By way of example, if the number of criminal events in the Township is 100 and the number of criminal events within a multiunit complex is nine then the quotient would be 9/100 and the resulting ICA would be 9% or 0.09.
MULTIUNIT COMPLEX
A multiunit complex is a complex consisting of an aggregation of 75 or more residential dwelling units on one or more parcels, tax lots or blocks which are generally contiguous and which are operated by one owner or one management company and are held out to the public as being operated under one name or facility. For the purposes of this chapter, all of the residential units within the entire complex as herein defined shall be considered a single complex.
SECURITY
Security is defined as any measures taken to protect the health and safety of residents living within multiunit complexes. Security may include, but is not limited to, visitor sign-in requirements, video or human surveillance, unarmed guard patrols, armed guard patrols and/or any other measures taken to improve health and safety and reduce the ICA.
Whenever the ICA Index in any multiunit complex exceeds 1:1.25 for a six-month period, then the owners and/or operators of the multiunit complex shall be required to implement security measures at the multiunit complex as further described in §§ 323-3 and 323-4.
A. 
Any multiunit complex experiencing an ICA Index greater than 1:1.25 over a six-month period shall be required to take such security measures as may be necessary or advisable in the discretion of the owners or operators of the multiunit complex to reduce the ICA Index below 1:1.25 during the six-month period subsequent to the finding that the ICA Index for the multiunit complex has exceeded 1:1.25.
B. 
In the event a multiunit complex has failed to reduce its ICA Index to 1:1.25 or below, pursuant to the requirements of Subsection A above, for the six-month period subsequent to the finding that the ICA Index had been exceeded, then security shall be provided as described in § 323-4.
A. 
In the event the ICA Index continues to exceed 1:1.25 subsequent to the six-month right-to-cure time period described in § 323-3, then the owner and/or operator of the multiunit complex shall be required to provide, at a minimum, video surveillance within the multiunit complex so long as the ICA Index is greater than 1:1.25 but is less than 1:1.5. In the event the ICA Index is 1:1.5 or more, but is less than 1:1.75, the owner and/or operator shall be required to provide video surveillance and an unarmed guard for a minimum of 40 hours per week to patrol the multiunit complex. In the event the ICA Index is 1:1.75 or more, but is less than 1:2, the owner/operator shall be required to provide video surveillance and an unarmed guard 24 hours/day and seven days/week to patrol the multiunit complex. In the event the ICA Index is 1:2 or higher, the multiunit complex shall be required to provide video surveillance, an unarmed guard 24 hours/day and seven days/week as well as a second unarmed guard 40 hours/week, the second guard's shifts shall be scheduled so as to be most advantageous in order to limit criminal activity at the multiunit complex. In the event the ICA Index exceeds 1:2.25, then, in addition to the security measures already in place, the Township Committee, by resolution, may require that armed guards be provided to patrol the multiunit complex eight hours/day and seven days/week and the armed guards' shift shall be scheduled so as to be most advantageous in order to limit criminal activity at the multiunit complex until such time as the ICA index is reduced for a period of six months to a lower level in accordance with this chapter.
B. 
In the event a multiunit complex is required pursuant to Subsection A to implement security measures based upon the ICA Index at the multiunit complex, the owners and/or operators will not be required to institute such measures if they can clearly demonstrate to the Township Committee that the ICA Index assigned to their multiunit complex arises from a statistically unreliable database or that the ICA Index results from extenuating circumstances and there is no demonstrated need for increased security measures at the multiunit complex.
At the end of any six-month period, succeeding a six-month period during which the ICA Index was in violation of the ordinance, that the ICA Index has been reduced to levels below those established in § 323-4, the owner/operator of the multiunit complex shall be permitted, but not required, to reduce or cease providing security to levels consistent with this chapter.
If at any time after the effective date of this chapter a multiunit owner/operator, or agent, servant or employee thereof, reports the occurrence of any criminal activity on its premises (which has not been previously reported independently by a third party) to either the New Jersey State Police or to 911, then such a report or reports of criminal activity shall not be included in the calculation of the ICA for that multiunit complex.
In the event that a multiunit complex shall exceed the ICA Index, as set forth in this chapter, of 1:1.25 or more for a period of more then six months and shall fail to implement a security plan as required by this chapter, then, for each day following the period of time during which such a security plan should have been established and implemented, the multiunit complex shall be liable to pay a fine in the amount of $1,000 for each day it fails to provide security as set forth in this chapter. The owners of the multiunit complex shall be jointly and severally liable for the payment of this penalty based upon the ratio of units owned by each owner. The maximum penalty which may be assessed is $1,000 per multiunit complex per day.