[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:
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.
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:
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.
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.
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 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.
A.Â
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.
A.Â
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.Â
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.
