Prior ordinance history includes portions of Ordinance Nos.
9-2-1977, 1979-11, 1979-16.
[Ord. No. 1995-09; Ord. No. 2000-7; Ord. No.
2003-6]
The Township of Greenwich, pursuant to N.J.S.A. 52:27D-1 et
seq. and N.J.A.C. 5:23-4.3, hereby relinquishes its jurisdiction of
the administration and enforcement of the Uniform Commercial Code
and hereby transfers jurisdiction for the administration and enforcement
of the Uniform Construction Code to the Department of Community Affairs
of the State of New Jersey. The transfer of jurisdiction pursuant
to this section shall not take effect until the expiration of 120
calendar days from the date a certified copy of this section is forwarded
to the Department of Community Affairs or until the Department of
Community Affairs shall exercise its jurisdiction to enforce the Uniform
Construction Code, whichever is sooner.
[Ord. No. 1995-06; Ord. No. 2000-7; Ord. No.
2003-6]
The Township of Greenwich shall deliver or make available to
the Department of Community Affairs any and all records and files
of the municipality necessary for the Department to carry out its
function, and the Department is hereby authorized to transfer such
records and files to a location designated by the Department.
[Ord. No. 5-3-68]
The Health Officer of the Township is hereby designated as the
officer to exercise the powers prescribed by this section, and he
shall serve in such capacity without any additional salary.
For the purpose of this section, the Health Officer may determine
that a dwelling is unfit for human habitation if he finds that conditions
exist in such dwelling which are dangerous or injurious to the health
or safety of the occupants of such dwelling, the occupants of neighboring
dwellings or other residents of the Township. Such conditions may
include the following (without limiting the generality of the foregoing):
defects therein increasing the hazards of fire, accident, or other
calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation; disrepair, structural defects or uncleanliness.
[Ord. No. 5-3-68]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code, as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office, is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. Three copies of the New Jersey State Housing Code have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same.
[Ord. No. 5-3-68]
Whenever a petition is filed with the Board of Health by a public
authority as defined in N.J.S.A. 40:48-2.4, or by at least five residents
of the Township charging that any dwelling is unfit for human habitation
as herein defined, or whenever it appears to the Health Officer (on
his own motion) that any dwelling is unfit for human habitation, as
herein defined, he shall, if his preliminary investigation discloses
a basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such dwelling, a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the Board of Health (or its designated agent) at a
place herein fixed not less than 10 days nor more than 30 days after
the serving of the complaint; that the owner and parties in interest
shall be given the right to file an answer to the complaint and to
appear in person, or otherwise, and give testimony at the time and
place fixed in the complaints; and that the rules of evidence prevailing
in courts of law or equity shall not be controlling in hearings before
the Board of Health.
[Ord. No. 5-3-68; Ord. No. 2000-7]
If, after such notice and hearing, the Board of Health determines
that the dwelling under consideration is unfit for human habitation,
as herein defined, it shall state in writing its findings of fact
in support of such determination and shall issue and cause to be served
upon the owner thereof and parties in interest an order requiring:
a.
The repair, alteration or improvement of the building to be made
by the owner, within a reasonable time, which time shall be set forth
in the order or at the option of the owner to vacate or to have the
building vacated and closed within the time set forth in the order;
and
b.
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises and the owner
fails to repair, alter or improve the building within the time specified
in the order, that the owner remove or demolish the building within
a reasonable time as specified in the order of removal.
c.
If the owner fails to comply with an order to repair, alter or improve
or, at the option of the owner, to vacate and close the building,
the Board of Health may cause such building to be repaired, altered
or improved, or to be vacated and closed; that the Board of Health
may cause to be posted on the main entrance of any building so closed,
a placard with the following words: "This building is unfit for human
habitation or occupancy or use; the use or occupation of this building
is prohibited and unlawful."
[Ord. No. 5-3-68; Ord. No. 2000-7]
a.
If the owner fails to comply with an order to remove or demolish
the building, the Board of Health may cause such building to be removed
or demolished or may contract for the removal or demolition thereof
after advertisement for, and receipt of, bids therefor.
b.
The amount of
1.
The cost of the filing of legal papers, expert witness' fees, search
fees, advertising charges, engineering fees and legal fees incurred
in the course of any proceeding taken under this section determined
in favor of the Township; and
2.
The cost of such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or the amount of the
balance thereof remaining after deduction of the sum, if any, realized
from the sale of materials derived from such building or from any
contract for removal or demolition thereof, shall be a municipal lien
against the real property upon which such cost was incurred. If the
building is removed or demolished by the Board of Health, it shall
sell the materials of such building. There shall be credited against
the cost of the removal or demolition thereof the proceeds of any
sale of such materials or any sum derived from any contract for the
removal or demolition of the building. If there are no such credits
or if the sum total of such costs exceeds the total of such credits,
a detailed statement of the aforesaid costs and the amount so due
shall be filed with the Township Tax Assessor or other custodian of
the records of tax liens and a copy thereof shall be forthwith forwarded
to the owner by registered mail. If the total of the credits exceeds
such costs, the balance remaining shall be deposited in the Superior
Court by the Board of Health, shall be secured in such manner as may
be directed by such Court and shall be disbursed according to the
order or judgment of the Court to the persons found to be entitled
thereto by final order or judgment of such Court; provided however,
that nothing in this subsection shall be construed to impair or limit
in any way the power of the Township to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise. Any owner or party in interest may, within 60 days from
the date of the filing of the lien certificate, proceed in a summary
manner in the Superior Court to contest the reasonableness of the
amount or the accuracy of the costs set forth in the Township lien
certificate.
[Ord. No. 5-3-68; Ord. No. 2000-7]
Complaints or orders issued by the Board of Health or the Health
Officer pursuant to this section shall be served upon persons either
personally or by registered mail, but if the whereabouts of such persons
is unknown and the same cannot be ascertained by the Health Officer
in the exercise of reasonable diligence, and the Health Officer shall
make an affidavit to that effect, then the serving of such complaint
or order upon such persons may be made by publishing the same once
each week for two successive weeks in a newspaper that has been designated
by resolution of the Township Committee as an official newspaper for
the Township. A copy of such complaint or order shall be posted in
a conspicuous place on the premises affected by the complaint or order,
and a copy of such complaint or order shall be duly recorded or lodged
for record with the county recording officer of the county in which
the dwelling is located.
[Ord. No. 5-3-68]
The Board of Health or the Health Officer is hereby authorized
and empowered to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this section,
including the following in addition to others herein granted:
a.
To investigate the dwelling conditions in this Township in order
to determine which dwellings therein are unfit for human habitation;
b.
To administer oaths, affirmations, examine witnesses and receive
evidence;
c.
To enter upon premises for the purpose of making examination, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession;
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this section; and
e.
To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
[Ord. No. 5-3-68]
Nothing in this section shall be construed to abrogate or impair
the power of the Township or any officer or department to enforce
any provisions of its charter, or its ordinances or regulations, nor
to prevent or punish violations thereof, and the powers conferred
by this section shall be in addition and supplemental to the powers
conferred upon the Township by any other law or ordinance.
[Ord. No. 12-1-78; Ord. No. 1990-9]
This section shall be known as the "Subsurface Sewage Disposal
Systems/Individual Ordinance of 1990."
[Ord. No. 12-1-78; Ord. No. 1990-9]
a.
Tests required if public sewage system not available. When a public
sewage disposal system is not available, the applicant for subdivision
approval or for building permits for lots presently existing or for
lots not required by law to be approved by the Land Use Board shall
conform to the standards and requirements as set forth in N.J.A.C.
7:9A-1.1 et seq. Such testing as required thereby shall be made at
the applicant's own expense by a person authorized by state law to
conduct such tests, and shall submit at the time of filing of the
sketch plat or applications for building permits, whichever shall
first be required, a certified report thereof.
[Amended by Ord. No. 2014-02]
b.
Tests required prior to issuance of building permit or approval of
subdivision. No proposed lot shall be approved nor shall any building
permit be issued unless there are positive results on all required
testings, as required under N.J.A.C. 7:9A-1.1 et seq., within the
proposed septic system disposal area. Neither shall any subdivision
or part thereof be approved nor shall any building permit issued where
other physical characteristics of the land would cause septic conditions
unsanitary to the public or contrary to the requirements of this section
or other applicable ordinances, statutes, or regulations.
c.
Failure of tests to comply with required standards. Should any tests
required under N.J.A.C. 7:9A-1.1 et seq. fail to comply with the standards
promulgated therein or any other applicable ordinances, statutes,
or regulations, then the applicant shall forthwith notify the Township
Engineer of such failure, who shall then so notify the Township Clerk
of such failure, and upon the Clerk's receipt of the report, the Clerk
shall transmit a copy thereof, including the tax lot and block number,
to the Secretary of the Land Use Board and Construction Official.
[Amended by Ord. No. 2014-02]
[Ord. No. 12-1-78; Ord. No. 1990-9]
a.
Pursuant to the provisions of N.J.S.A. 26:3-69.1 et seq., the standards
for the location, construction, use, maintenance, and method of cleaning
and emptying individual subsurface sewage disposal systems and fixing
penalties for the violation thereof is hereby adopted as positive
law in the Township of Greenwich.
b.
The standards referred to in paragraph a of this section are as set
forth in N.J.A.C. 7:9A-1.1 et seq., dated August 21, 1989, and effective
January 1, 1990, as promulgated pursuant to N.J.S.A. 58:11-23 et seq.
A copy of said standards is annexed hereto and made part hereof without
inclusion of the text thereof herein.
[Ord. No. 12-1-78; Ord. No. 1990-9]
Three copies of said standards have been placed on file in the
office of the Clerk of the Township of Greenwich upon the introduction
of this chapter and will remain on file in said office for the use
of and examination by the public.
[Ord. No. 12-1-78; Ord. No. 1986-9; Ord. No.
1990-9]
All provisions of this chapter, including the collection of
fees as set forth herein, shall be enforced by the Warren County Department
of Health, which is hereby designated the agent of the Greenwich Township
Board of Health for this purpose.
[Ord. No. 12-1-78; Ord. No. 1990-9]
a.
No person shall locate, construct or alter any individual sewage
disposal system until a permit for the location, construction or alteration
of said sewage disposal system shall have been issued by the enforcement
authority.
b.
The enforcement authority may issue a permit if an application for
the same is accompanied by a certificate made by an engineer licensed
to practice professional engineering in New Jersey or a Health Officer
or a sanitarian or any other person who may be approved by the Board
of Health of the Township of Greenwich or the enforcement authority.
Such certificate shall state that the design of the subsurface individual
sewage disposal system as proposed is in compliance with the standards
set forth herein.
c.
New individual disposal systems shall not be placed in operation
nor shall new dwellings or buildings or additions thereto be sold
or occupied which must rely on such a system for sewage disposal until
the enforcement authority shall have issued a certificate indicating
that said disposal system has been located and constructed in compliance
with the terms of the permit issued and the requirements of the aforesaid
code. Issuance of such certificate shall not be required for alterations
to an existing individual sewage disposal system.
d.
The enforcement authority may issue such a certificate if an engineer
licensed to practice professional engineering in New Jersey or a health
officer or a sanitarian or any other person who may be approved by
the enforcement authority, submits a statement in writing signed by
such person to the enforcement authority and said disposal system
has been located and constructed in accordance with the terms of the
permit issued and the requirements of the aforesaid code.
[Ord. No. 12-1-78; Ord. No. 1990-9]
a.
Individual subsurface sewage disposal systems shall be emptied and cleaned as provided in the standards adopted pursuant to Subsection 8-3.3 of this chapter.
b.
Persons shall not engage in the business of emptying or cleaning
septic tanks, cesspools, privies or any place used for the reception
or storage of human excrement, who do not hold a license to engage
in such business issued by the enforcement authority. Such licenses
shall be valid for a period of one year from the date of issuance
but may be renewed by the enforcement authority. Said license may
be revoked for failure of the licensee to comply with the provisions
of the Code or any rule or ordinance of the Board of Health or enforcement
authority.
[Ord. No. 1990-9]
a.
In case any permit or certification required by this chapter is denied
by the enforcement authority, a hearing shall be held thereon before
the Board of Health within 15 days after request therefor is made
by the applicant, and, upon such hearing, the Board of Health shall
affirm, alter or rescind its previous determination and take action
accordingly within 15 days after the date of such hearing.
b.
The Board of Health or the enforcement authority may order all further
work in and about any individual sewage disposal system which is being
erected or installed in violation of the Code to be stopped forthwith,
except such work as shall be necessary to remedy such violation and,
thereafter, the work continued without any violation of any of the
provisions of the Code, and after issuance of any such order and the
service of a copy thereof upon any person connected with or working
in and about the erection or installation of any such disposal system,
or any part thereof, no further work shall be done thereon except
as aforesaid.
c.
For purposes of this chapter, references to the Board of Health shall
be deemed to refer to the Greenwich Township, Warren County, Board
of Health.
[Ord. No. 1990-9]
a.
The enforcement authority shall collect such fees as it may from
time to time establish for the performance of all services herein
set forth.
b.
In addition to the foregoing, the enforcement authority shall collect
and pay over to the Board of Health, for the use of the Township of
Greenwich, the following fees:
[Ord. No. 1990-9; Ord. No. 2000-7]
a.
Any person or persons, firm or corporation convicted of a violation of any of the provisions of this chapter or any order promulgated under this chapter, or of the standards made a part hereof, shall be subject to the penalties as stated in § 3-1.
b.
Each day a particular violation continues shall constitute a separate
offense.
c.
The penalties set forth herein shall be in addition to the civil
penalties set forth in N.J.A.C. 7:9A-1.7.
[Ord. No. 1995-08]
No certificate of occupancy shall be issued for any new building
construction until a plat plan is filed with the Township Engineer
and Building Inspector depicting the building envelope, the as-built
location of the foundation on the lot and its relationship to the
applicable setbacks and property lines.
Said plat shall be in the form of a survey prepared by a licensed
land surveyor and certified to the developer and the Township of Greenwich.
A violation of this section subjects the violator to the general
penalty provision of the Revised General Ordinances of the Township
of Greenwich along with any other remedy available by law.
[Ord. No. 2007-15, Preamble]
N.J.S.A. 40:48-1 authorizes municipalities to regulate and control
the construction, erection, alteration and repair of buildings and
structures of every kind within the municipality.
N.J.S.A. 40:48-2.12a et seq. further authorizes municipalities
to regulate buildings and structures and their use and occupancy to
prevent and abate conditions therein harmful to the health and safety
of the occupants of said buildings and structures and the general
public in the municipality.
Municipalities within the State of New Jersey are given broad
police powers to ensure the health, safety and welfare of its residents.
The Greenwich Township Committee has determined that it is necessary
to have a procedure in place for the review of certificates of occupancy
prior to their issuance.
The Greenwich Township Committee believes this section to be
in the best interests of Greenwich Township.
[Ord. No. 2007-15 § 1]
The Certificate of Occupancy Checklist, attached hereto as Exhibit
"A" shall be utilized by Greenwich Township employees, agents and/or
personnel in the review and issuance of certificates of occupancy.
[Added 2-20-2020 by Ord. No. 103-2020]
The purpose of this chapter is to ensure the availability of
essential radio communications for all first responders including,
but not limited to, police, fire, and emergency medical personnel.
As used in this section, the following terms shall have the
meanings indicated:
Township of Greenwich Police Department.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof,
with the exception of the following:
Detached single-family- or two-family-dwelling-unit buildings;
Conventional agricultural buildings and structures erected upon
a working farm, including, but not limited to, farm animal buildings,
farm machinery buildings and farm stands;
Commercial buildings 35 feet high or less, provided that said
building is not primarily of metal or concrete construction and does
not contain below-grade storage or parking areas.
A minimum signal strength of -95dBm available in all areas
of the building when transmitted from the agency's radio system.
For purposes of this section, 90% building coverage is considered
to be all areas of the building.
A minimum signal strength of -95dBm received by the agency's
radio system when transmitted from all areas of the building. For
purposes of this section, 90% building coverage is considered to be
all areas of the building.
The agency shall maintain a document of technical information
specific to their requirements. This document shall contain (as a
minimum): the frequencies required, the location and effective radiated
power (ERP) of radio sites used by the in-building system, the maximum
propagation delay (in microseconds) and other supporting technical
information.
All buildings shall be subject to at least one in-building coverage
test as follows:
a.
For newly constructed buildings, prior to the issuance of a certificate
of occupancy.
b.
Whenever structural changes occur (including additions to buildings)
that would materially change the original field performance tests.
c.
When any major repairs or alterations are made to an in-building
amplification system.
d.
Any time a first responder experiences a radio communication failure
in responding to any event at a building.
Buildings which cannot support the required level of radio coverage
shall be equipped with a radiating cable system and/or a distributed
antenna system (DAS) with FCC-certified single boosters (aka bi-directional
amplifiers) or systems otherwise approved by the Chief of Police of
the Township of Greenwich, or his designee, including, but not limited
to, the Director of Warren County Public Safety in order to achieve
the required adequate radio coverage.
a.
Battery systems. The active components of the installed system or
systems shall be capable of operating on an independent battery system
for a period of at least 12 hours without external power input. The
battery system shall automatically charge in the presence of an external
power input.
b.
Signal booster requirements. If used, signal boosters shall meet
the following requirements as well as any other requirements determined
by the agency:
1.
All signal booster components shall be contained in one NEMA4 type,
waterproof cabinet. Permanent external filters and attachments are
not permitted.
2.
The battery system shall be contained in one NEMA4 type, waterproof
cabinet.
3.
The system shall include automatic alarming of malfunctions of the
signal booster and battery system. Any resulting alarm shall be transmitted
to the agency's designated recipient by means of specified by
the agency including, but not limited to, automatic standard telephone
dial-up circuit, TCP/IP network circuit, RS232 interface, etc.
4.
FCC certification prior to installation. Pending FCC certification
is not acceptable.
5.
All signal boosters must be compatible with both analog and digital
communications simultaneously at the time of installation. The agency
will provide the maximum acceptable propagation delay.
6.
Only equipment that is pre-approved by the agency may be used. This
section cannot be used by the agency to limit equipment to one manufacturer.
c.
Approval prior to installation. No amplification system capable of
operating on frequencies licensed by the FCC shall be installed without
prior coordination and approval.
d.
Acceptance test procedure. When an in-building radio system is required,
it will be the buildings owner's responsibility to have the radio
system tested to ensure that two-way coverage on each floor of the
building is a minimum of 90% upon completion of installation. Each
floor of the building shall be divided into a grid of approximately
20 equal areas. A maximum of two non-adjacent areas will be allowed
to fail the test. In the event that three of the areas fail the test,
the floor may be divided into 40 equal areas in order to be more statistically
accurate. A maximum of four non-adjacent areas will be allowed to
fail the test. After the 40-area test, if the system continues to
fail, it will be the building owner's responsibility to have
the system altered to meet the 90% coverage requirement. The test
shall be conducted using a calibrated portable radio of the latest
brand and model used by the agency talking through the agency's
radio communication system. A test location approximately in the center
of each grid area will be selected for the test, then the radio will
be enabled to verify two-way communications to and from the outside
of the building through the agency's communication system. Once
the test location has been selected, prospecting for a better spot
within the grid area will not be permitted. The gain values of all
amplifiers shall be measured and the test measurement results shall
be kept on file with the building owner so the measurements can be
verified each year during the annual tests. In the event that the
measurement results become lost, the building owner will be required
to rerun the acceptance test to reestablish the gain values. As part
of the installation, a spectrum analyzer or other suitable test equipment
shall be utilized to ensure spurious oscillations are not being generated
by the subject signal booster due to coupling (lack of sufficient
isolation) between the input and output antenna systems. This test
will be conducted at the time of installation and subsequent annual
inspections.
e.
Annual tests. When an in-building radio system is required, it shall
be the building owner's responsibility to have all active components
of the system, such as signal boosters, power supplies, and backup
batteries, tested to a minimum of once every 12 months. Signal boosters
shall be tested to ensure that the gain is the same as it was upon
initial installation and acceptance. Backup batteries and power supplies
shall be tested under load of a period of one hour to verify that
they will properly operate during an actual power outage. If the battery
exhibits symptoms of failure within the one hour test period in the
opinion of the agency's representative, the test shall be extended
for additional one-hour periods until the integrity of the battery
can be determined. All other active components shall be checked to
determine that they are operating within the manufacturers specifications
for the intended purposes.
f.
Field testing. Police and fire personnel shall at any time have the
right to enter onto the property to conduct its own field testing
to be certain that a required level of radio coverage is present.
