This chapter shall be known as the "Commercial and Residential
Property Maintenance Code of the Township of Evesham" and is referred
to in this chapter in the short form as "this code" or "this chapter."
This chapter is created under the authority of N.J.S.A. § 40:48-1
et seq. The purpose of this chapter is to protect the public health,
safety and welfare by establishing minimum standards for the maintenance
of such premises; to fix responsibilities and duties upon owners,
operators, tenants, occupants and financial institutions that have
or take an interest in such properties, as well as owners, users,
occupants or operators of vehicles and equipment located upon said
properties; to authorize and establish procedures for the inspection
of commercial and residential premises; to fix penalties for the violations
of this code; and to provide for the right of access to permit abatement
when necessary. This code is hereby declared to be remedial and essential
for the public interest, and it is intended that this code is liberally
construed to effectuate the purposes stated herein.
The following terms, whenever used herein, shall have the following
meanings unless a different meaning clearly appears from the context:
BUILDING MATERIALS
Any item used for the construction of building improvements,
including, but not limited to, drywall materials, wood, steel, tiles,
roofing, nails, paint, insulation or debris created by or from construction.
COMMERCIAL PREMISES
A lot or tract of land which is zoned for commercial or industrial
use or a lot or tract of land, part of which is zoned for commercial
or industrial use.
EQUIPMENT
Any item, whether or not portable without the assistance
of a trailer, which is used for building renovations or building improvements,
whether or not such improvements are interior or exterior, including,
but not limited to, wood chippers, table saws, tile cutters, dumpsters,
cement mixers and lawn and garden tools.
EXTERIOR OF THE PREMISES
Those portions of a building which are exposed to the public
and visible from adjoining or adjacent lots, including all outside
surfaces and appurtenances thereto and including all signs and fences,
as well as the open land space of any premises which may be unimproved
by any building or structure.
GOODS and MERCHANDISE
Possessions, especially movable objects or personal property;
articles of trade; wares or stockpiles of materials.
HARBORAGE
Any condition, man-made or natural, which affords a breeding
place or hiding place for rodents, insects or other pests.
NUISANCE
Includes any of the following:
A.
Any common law nuisance or as provided by the laws of the State
of New Jersey or the ordinances of the Township of Evesham.
B.
Any nuisance which may prove detrimental to the health or safety
of children, whether in a building or upon a lot. This includes, but
is not limited to, any structurally unsound fences or structures,
lumber, trash, fences, debris or vegetation, such as poison ivy, poison
oak or poison sumac, which may prove a hazard for inquisitive minors
and the general public.
C.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
D.
Unsanitary conditions or anything unreasonably offensive to
the senses or dangerous to health, in violation of this code.
E.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
OCCUPANT
Any person residing, living or sleeping in or on the premises
or having actual possession, use or occupancy of a dwelling, premises
or rooming unit, or any person or entity in possession of or using
any premises, or part thereof, whether or not the owner thereof, and
regardless of the duration of time of such possession, use or occupancy.
OPERATOR
Any person, persons or entity, not the owner, who has charge,
care or control of a dwelling or premises, or a part thereof, with
or without the knowledge, consent or authority of the owner.
OVERGROWN GRASS
Any natural grass or weeds of a height of six inches in length
or greater. Overgrown grass shall not include areas of natural growth
that are not ordinarily maintained, such as areas containing wetlands
or marshes or densely wooded areas. All noxious weeds shall be prohibited.
OWNER
Any person, persons or entity, who shall have legal or equitable
title in any form whatsoever to any premises, or part thereof, with
or without accompanying actual possession thereof, or who shall have
charge, care or control of any lot, premises, building, structure,
or part thereof, as owner or agent of the owner or as a fiduciary,
trustee, receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lessee of any
part or all of any building, structure or land shall be deemed to
be a co-owner with the lessor for the purpose of this chapter and
shall have responsibility over the portion of the premises so sublet,
leased or assigned. For the purposes of this chapter, "owner" shall
also specifically include any financial institution or entity, whether
individual or corporate, that has begun the foreclosure process to
take legal title to the premises, whether or not such interest is
perfected.
PREMISES
One or more lots, plots or parcels and/or rights-of-way,
including the buildings or structures which may exist thereon and
all vacant or unimproved land in the Township.
REFUSE or RUBBISH
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, including,
but not limited to, garbage, trash, ashes, paper, paper goods and
products, wrappings, cans, bottles, containers, yard clippings, garden
waste, debris, junk, glass, boxes, crockery, wood, mineral matter,
plastic, rubber, leather, furniture, household goods, appliances,
bedding, scrap lumber, scrap metal, construction material, inoperable
machinery or parts thereof, garden or farming implements and supplies,
dead or rotting vegetation, tires, abandoned, inoperative or unusable
automobiles and vehicles and solid commercial or industrial waste.
RESIDENT
One who resides, occupies or dwells in a unit of housing.
SHOPPING AREA
One or more buildings, or part thereof, designed as a unit,
to be occupied by one or more businesses for the conduct of business
and conducted as an integrated planned area development.
SIGHT TRIANGLE
The area of land at the corner of a property as further defined by §
62-26 of the Code.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
All parts of the premises under the control of the occupant
shall be kept in a clean and sanitary condition, and the occupant
shall refrain from performing any acts which would render other parts
of the premises unclean or unsanitary or which would obstruct the
owner or operator from performing any duty required hereunder or maintaining
the premises in a clean and sanitary condition.
The exterior of all commercial and residential buildings, premises
and all structures thereon shall be kept free of all nuisances and
any hazards to the safety of occupants, pedestrians and other persons
utilizing or residing within the vicinity of said commercial or residential
building or premises, and free of unsanitary conditions, and any of
the foregoing shall be promptly removed and abated by the owner, operator,
occupant or resident. It shall be the duty of the owner, operator,
occupant or resident to keep the premises free of hazards, which include,
but are not limited to, the following:
A. Refuse: broken glass, filth, garbage, trash, litter and debris.
B. Natural growth: brush, weeds, ragweeds, stumps, roots and obnoxious
growths, including bamboo and poison ivy, 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 and bushes shall be kept pruned and trimmed
to prevent such conditions. Overgrown grass shall be cut up to and
along any adjacent curbline and/or commencement of paved roadway,
including the main lot or land, that portion of any lot, land or easement
along or adjacent to any sidewalk, curbline, street or alley and includes
that portion of any lot, land or easement located within the limits
of any street, highway, alley or easement.
C. Overhangings: Dangerously loose and overhanging objects may also
include, but are not limited to, dead trees or tree limbs, accumulations
of ice and snow, or any object, natural or man-made, which could threaten
the health and safety of persons if caused to fall, or other similar
dangerously loose and overhanging objects which, by reason of their
location above ground level, constitute an actual hazard to persons
or vehicles in the vicinity thereof.
D. Ground surface hazards or unsanitary conditions: holes, broken or
missing pavement, loose stone, excavations, breaks, projections, obstructions,
ice, uncleared snow and excretion of pets and other animals on paths,
walks, driveways, parking lots and parking areas and other parts of
the premises which are accessible to and used by persons on the premises.
All such holes and excavations shall be filled and repaired, walks
and steps repaired and other conditions removed where necessary to
eliminate hazards or unsanitary conditions with reasonable dispatch
upon their discovery. It shall be the responsibility of owners, operators,
occupants or residents to take reasonable steps to discover any such
hazards or unsanitary conditions which may exist on their premises.
E. Recurring accumulations of stormwater. Adequate runoff drains shall
be provided and maintained to eliminate any recurrent or excessive
accumulation of stormwater. All storm drains must be clean and free
of debris and blockage. This may require that the storm system is
televised to confirm integrity of the system. All basins must be in
approved working order and free of blockage and debris or rubbage.
H. Abandoned, uncovered or structurally unsound wells, shafts, towers,
exterior cellar openings, basement hatchways, foundations or excavations.
I. Abandoned iceboxes, refrigerators, heaters, television sets and other
similar major appliances.
J. Structurally unsafe or unsound buildings, structures or fences, or
parts thereof.
K. Animal excrement piles or manure piles within 100 feet of a property
line.
L. Buried refuse or rubbish.
M. Stagnant surface water or groundwater accumulations which create,
or are likely to create, mosquito or other insect breeding areas.
This section shall include the maintenance of swimming pools.
O. Storage of vehicles, or parts thereof, including boats and trailers,
motorized or not, licensed or unlicensed, registered or unregistered,
which vehicles or parts thereof are or have been junked, abandoned,
dismantled or are in a state of visible disrepair or inoperability.
P. Rotted, missing or substantially destroyed window frames and sashes,
door frames, exterior doors or other major exterior component parts
of buildings or structures.
Q. All lighting fixtures must be operable in accordance site plan approvals.
S. Storage of tires in violation of §
97-22.2 of the Township Code.
T. Maintaining any object or device which causes audible sound which
is loud and unnecessary based upon prolonged time to such an extent
that its volume is disturbing to person on the premises and/or adjacent
premises.
U. Outdoor sales or displays, whether permanent or temporary, which violate the standards of Chapter
120 of the Township Code.
Any alterations to buildings, structures or appurtenances thereto,
or changes of use therein, which may be caused directly or indirectly
by the enforcement of this chapter, shall comply with all applicable
provisions of the Uniform Construction Code and any other applicable
regulations, ordinance or law of the Township, county or state.
Nonresidential commercial premises (including hotels and motels)
which utilize dumpsters for the disposal of solid waste and recycling
shall, at the property owner's sole cost and expense, locate and enclose
such containers in accordance with the following standards:
A. The dumpster(s) shall be located in the rear or to the side of the
commercial structure, provided the solid waste haulers can access
the dumpsters and remove the solid waste safely. If a commercial establishment
has access to and can locate a dumpster(s) in the rear of the structure
safely, then the dumpster(s) shall be located to the rear of the structure.
Garbage or trash dumpsters shall not be maintained in front yards
unless permitted by site plan approval from the Planning Board or
Zoning Board of Adjustment for temporary construction or renovation
purposes.
B. The dumpster(s) shall be appropriately located so as not to interfere
with sight triangles, on-site circulation, required setbacks, landscaping,
parking, and any other requirements that may have been imposed as
part of the site plan approval for the premises, and shall be placed
on a concrete pad.
C. Each commercial establishment shall provide appropriate enclosures
for each dumpster(s) or container(s), which shall be properly screened
from adjacent property and from the public view.
D. Each bin must be regularly emptied of its contents so that its contents
cannot be transferred off the lot, directly or indirectly, by natural
forces such as surface water or wind, and so that it does not overflow
and become unsightly and malodorous.
E. For properties that do not currently locate their dumpsters in the
rear or to the side of the structure, the property owner shall relocate
the dumpster and enclose same, in accordance with the provisions of
this section, within six months of the effective date of this section.
The Zoning Officer for the Township of Evesham shall inspect all commercial
properties after the six-month period has expired to determine whether
this section has been complied with. The Zoning Officer shall have
the authority to determine whether the dumpster(s) have been properly
located in the rear or to the side of the structure, and whether the
dumpster(s) have been adequately enclosed. Commercial property owners
may contact the Zoning Officer to obtain assistance in complying with
this section.
F. If the Zoning Officer determines that the dumpster(s) have not been
appropriately placed and enclosed, enforcement and abatement shall
take place as generally provided under this chapter, unless the dumpster(s)
are placed within the right-of-way and create an immediate danger
to the public, in which case the Police Department may take immediate
action to cause the removal of the dumpster.
G. No person shall dump trash or debris in a private dumpster of a commercial
or industrial business without the express written consent of the
business owner or his designee.
The owner and operator of every shopping area shall be responsible
for providing, maintaining and policing the following:
A. All requirements and obligations mandated by site plan approval.
B. Means of ingress and egress shall be clearly marked by signs.
C. Parking spaces shall be clearly indicated by painted lines.
D. Lanes for the movement of traffic in each direction shall be indicated
by arrows indicating one-way traffic and shall be painted in these
lanes at both ends.
E. A trash basket with at least a twenty-gallon capacity shall be provided
for each 150 feet of store frontage in the shopping area. These baskets
shall be placed in the walking or pedestrian area, shall be provided
with tight-fitting covers fitted with hinged doors and shall not be
allowed to overflow.
F. Fire zones should be kept clear of all vehicular traffic and parking,
as designated by the Fire Official. In addition to the obligation
placed herein on the owner and operator of every shopping area, any
individual parking or stopping a vehicle in an area marked as a fire
zone shall be in violation of the provisions of this chapter and subject
to the appropriate penalties provided in the Uniform Fire Code and
other applicable fire regulations.
G. Stores located in shopping centers that have rear exit doors shall
have the name or names of the occupant shown on the exterior of said
doors in letters at least two inches high.
Upon discovery by an occupant of any condition of the premises
which constitutes a violation of this chapter by the owner or operator,
the occupant shall report same to the Director of Community Development,
who shall assign the investigation of the condition.
Where the violation or condition existing on the premises is
of such a nature as to constitute an immediate threat to life and
limb unless abated without delay, the enforcement official may order
the owner, resident, operator or occupant to correct the violation
or condition within the period of time consistent with the hazard
involved and with the measures necessary to remove the hazard, and
upon the failure of the operator, owner, resident or occupant to correct
said condition, the enforcement official shall cause said condition
to be abated immediately thereafter and place a lien on the property
for the cost of abatement.
Where abatement of any nuisance, as defined herein, or correction
of a defect on the premises or the maintenance of the premises in
a proper condition to conform to applicable ordinances of the Township
of Evesham or the laws of the State of New Jersey required expenditures
of the Township of Evesham moneys either by the supplying of labor
by Township employees, the furnishing of material by the Township
or the hiring of outside contractors, said expenditures shall first
be approved by the Township Manager of the Township of Evesham. The
enforcement official shall present a report of the work to be accomplished
to the Manager, along with a summary of the proceedings undertaken
to secure compliance, including notice served upon owners, operators,
residents, occupants or their agents, as the case may be, by telephone,
telegram, etc. The Manager shall then approve the expenditures, which
may include reasonable attorney fees. The Township Manager shall report
the same to the Township Council, and the governing body shall assess
the same against the premises collectible as provided by law. A copy
of the resolution approving said expenses shall be certified by the
Township Clerk and filed with the Tax Collector of the Township of
Evesham, who shall be responsible for the collection thereof, and
a copy of the report and resolution shall be sent by certified mail,
return receipt requested, to the owner.
In addition to any costs associated with a lien for abatement,
any owner, operator, occupant or resident shall, upon conviction for
a violation of this chapter, be punishable by a fine not greater than
$2,000, 90 days of community service or 90 days of incarceration,
or combination thereof. Each day's continued violation of this chapter
shall constitute a separate and distinct offense of the provisions
hereof. In the event said violation(s) continues unabated for a period
of five days or if said violation occurs within the same twelve-month
period, said continued or second or more violations shall, upon conviction
thereof, be punishable by a fine of not less than $500 nor more than
$2,000 per day for the continued violation. Temporary or subsequent
compliance with this chapter shall not constitute a defense against
any subsequent or other violation of this chapter. The imposition
of any fine or penalty issued herein shall not prevent the Township
from collection of cost for services through the lien process described
herein.
[Added 9-15-2015 by Ord.
No. 24-9-2015]
A. Purpose. The purpose of this section is to establish a pilot grant program between the Township and responsible neighborhood associations for the renovation, replacement, and/or maintenance of development entranceway signs. All rules and regulations regarding signs are established in §
160-75 of the Evesham Township Zoning Code.
B. Eligible properties. Residential developments and/or neighborhoods
which are identified by a sign placed at the development's primary
entranceway shall be eligible to participate in the grant program.
Particular neighborhoods that wish to apply and be considered for
matching funding must be represented by a neighborhood association
of at least one interested resident or a homeowner's association
that is willing to effectuate the restoration and/or replacement of
the entranceway signage.
C. Eligible improvements.
(1) The property owner(s) and any person or entity holding an equitable
or legal interest in the property are eligible to make application
for monies under the sign grant program. All applications by any person
or entity other than the property owner shall be supported by a notarized
letter of permission from the property owner stating that there is
no objection to the neighborhood association's restoration and/or
replacement of the entranceway signage and/or landscaping.
[Amended 11-12-2019 by Ord. No. 19-11-2019]
(2) The neighborhood association is required to abide by all maintenance rules as established in §
160-75G of the Township Code and to ensure that all improvements or replacements satisfy any code requirements within the Township, including, but not limited to, zoning and building regulations.
(3) New signage is required to comport with the design, measurement,
and lighting restrictions originally approved by the Township of Evesham
Planning Board. Any modifications from the original design must be
approved by the Department of Community Development.
(4) The Township agrees to waive any and all zoning permit application
fees for neighborhood entranceway signs and/or landscaping that are
restored and/or replaced using grant funds pursuant to the terms of
this section.
[Amended 11-12-2019 by Ord. No. 19-11-2019]
D. Grant application.
(1) An interested neighborhood association will be required to submit
an application to the Department of Community Development of the Township
of Evesham for approval of the proposed sign restoration/replacement
plan and/or landscaping.
[Amended 11-12-2019 by Ord. No. 19-11-2019]
(2) The application, to be provided by the Township, must include and/or
attach the following information in order to be considered by the
Department of Community Development:
(a)
Detailed description of itemized costs of the improvements to
be completed using grant monies and proof of funds collected to cover
the entire cost of restoring/replacing the sign and/or landscaping;
[Amended 11-12-2019 by Ord. No. 19-11-2019]
(b)
Design and dimensions of the new proposed sign, including lighting,
measurements, and distance from streets and homes;
(c)
Contact information for two individuals from the neighborhood
association to serve as the point of contact regarding the restoration
and/or replacement project; and
(d)
Notarized letter of permission from the property owner stating
that there is no objection to the neighborhood association's
restoration and/or replacement of the entranceway signage and/or landscaping.
[Amended 11-12-2019 by Ord. No. 19-11-2019]
E. Matching grant amounts.
(1) The Township will reimburse the neighborhood association an amount, not to exceed $500, for the restoration and/or replacement of one housing or land development sign and/or landscaping, as described in §
160-75K of the Township Code.
[Amended 11-12-2019 by Ord. No. 19-11-2019]
(2) Every application shall be conditioned upon the availability of grant
funds.
(3) The neighborhood association is solely responsible for collecting
and securing sufficient funds to cover the entire restoration and/or
renovation project.
(4) The neighborhood association will be required to enter into an agreement
with the Township for a period of five years. After the initial five-year
term, a representative of the Township will evaluate the condition
of the sign, and determine if the neighborhood is eligible to reapply
for the grant program for a second five-year term. Should the Township
determine that the development entranceway sign is in good maintenance
and condition, the parties will enter into a two-year agreement wherein
reevaluation will occur every two years.
F. Completion of improvements. The neighborhood association shall complete
all improvements, restoration, or replacement of entranceway sign
and/or landscaping within one year from the date that the application
was approved by the Department of Community Development. Failure to
do so will result in the automatic forfeiture of grant funds assigned
to the neighborhood association without any further notice from the
Township.
[Amended 11-12-2019 by Ord. No. 19-11-2019]
G. Disbursement of grant monies. Prior to the disbursement of grant
monies, the neighborhood association shall provide the following to
the Department of Community Development:
(1) Letter from the Zoning Officer for the Township of Evesham indicating
that the improvements have passed all final inspections required pursuant
to the Township Code;
(2) Itemized invoice or receipts showing that the project has been paid
in full; and
(3) Affidavit signed by a representative of the neighborhood association
stating the amount of funds expended by the association to undertake
the restoration and/or replacement of the entranceway sign and/or
landscaping.
[Amended 11-12-2019 by Ord. No. 19-11-2019]