[HISTORY: Adopted by the Township Council
of the Township of Maple Shade as indicated in article histories.]
[Adopted 4-13-2017 by Ord. No. 2017-05.[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 152,
Property Maintenance, adopted 10-1-1075 as Ch. 42 of the 1975 Code,
as amended.
[Amended 8-18-2022 by Ord. No. 2022-08]
A.
A certain
document, three copies of which are on file in the office of the Township
Clerk, pursuant to N.J.S.A. 40:49-5.1 et seq., being marked and designated
as the "International Property Maintenance Code, 2021 Edition," be
and is hereby adopted as the Property Maintenance Code for the Township
of Maple Shade, for the control of buildings and structures as herein
provided, and each of the regulations, provisions, penalties, and
conditions of the 2021 Property Maintenance Code and any subsequent
supplements or amendments thereto or new editions thereof, are hereby
adopted and made a part hereof as if fully set forth in this article.
B.
To the
extent that any other regulation or ordinance requires more strict
standards than exists in the International Property Maintenance Code
2021 or any subsequent supplements or amendments, then the more strict
standards shall apply within the Township of Maple Shade.
[Amended 8-18-2022 by Ord. No. 2022-08]
The changes, additions and exceptions elective in this municipality
to said code are as follows (section references hereinafter set forth
are to sections as set forth in said International Property Maintenance
Code):
A.
Section 101.1 - insert "Maple Shade Township."
B.
Section 102.3 is deleted and replaced with: "Repairs, additions or
alterations to a structure, or changes of occupancy, shall be done
in accordance with the procedures and provisions of the State Uniform
Construction Code Act, the State Uniform Safety Act, and any other
standards or procedures required by the laws of State of New Jersey
and by federal law. If none are applicable, repairs, additions or
alterations to a structure, or changes of occupancy, shall be done
in accordance with the procedures and provisions of the International
Building Code, International Fuel Gas Code, International Mechanical
Code and the ICC Electrical Code."
C.
Section 103.1 is deleted.
D.
Section 103.2 is deleted and replaced with "Inspections and issuing
orders in connection therewith under the provisions of the 2021 International
Property Maintenance Code shall be the exclusive responsibility of
the Code Enforcement Official."
E.
Section 103.3 is deleted.
F.
Section 108 is hereby retitled
"Appeals" and replace A.108.1 with the following:
(a)
Any
person affected by a decision of the Code Official of a notice or
order issued under this Code shall have the right to appeal such determination
to the Superior Court of the State of New Jersey in accordance with
appropriate state statutes or court rules.
(b)
Any
ruling, action, notice, order or decision of a local enforcing agency
that enforces either the State Uniform Construction Code or the Uniform
Fire Code, including, without limitation, any refusal to grant an
application or any failure or refusal to act upon an application,
but not including any order requiring the taking of emergency measures
pursuant to N.J.A.C. 5:23-2.32(b) may be appealed to the Burlington
County Construction Board of Appeals.
H.
Section 202.2 is hereby amended to define Code Official as follows:
"the Code Enforcement Officer who is charged with the administration
and enforcement of this Property Maintenance Code or any other duly
authorized representative of the Township of Maple Shade."
I.
Section 302.4. Insert "eight inches."
J.
Section 302.8. Section PM-302.8 is amended to add subsection 302.8a:
Machinery.
302.8a Machinery. Except as provided from in other regulations,
no inoperative machinery or building materials which are not in contemplation
of immediate use in the construction, repair or remodeling of any
house, building or other structure on the lands shall be parked, kept
or stored on any premises in any residential zone.
K.
Section 304.14. Delete "during the period of ( ) to ( )" and begin
section with "Every door, window. . ."
L.
Section 602.3. Insert "October 1 to April 30."
M.
Section 602.4. Insert "October 1 to April 30."
The following terms, whenever used herein, shall have the following
meanings unless a different meaning clearly appears from the context:
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.
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.
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.
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.
See "owner" below.
Possessions, especially movable objects or personal property;
articles of trade; wares or stockpiles of materials.
Any condition, man-made or natural, which affords a breeding
place or hiding place for rodents, insects or other pests.
Includes any of the following:
Any commonlaw nuisance or as provided by the laws of the State
of New Jersey or the ordinances of the Township of Maple Shade.
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.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
Unsanitary conditions or anything unreasonably offensive to
the senses or dangerous to health, in violation of this code.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
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.
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.
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.
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.
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.
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.
A unit of housing.
One who resides, occupies or dwells in a unit of housing.
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.
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.
A.
Every commercial and residential premises and building situated thereon
in the Township of Maple Shade, used or intended to be used for commercial
and/or residential occupancy, shall comply with the provisions of
this code, whether or not such building shall have been constructed,
altered or repaired before or after the enactment of this code and
irrespective of any permits or licenses which may have been issued
for the use or occupancy of any building or structure, or for the
installation or repair of equipment or facilities prior to the effective
date hereof. This code establishes minimum standards for the initial
and continued occupancy and use of all such commercial and residential
buildings or structures and does not replace or modify standards otherwise
established for the construction, repair, alteration or use of such
commercial and residential buildings or structures contained therein.
Where there is mixed occupancy with commercial and residential and
other uses on the same premises, all such uses shall be nevertheless
regulated by and subject to the provisions of this code.
B.
Compliance with this chapter shall not constitute a defense against
any violation of any other ordinance of the Township applicable to
any premises, nor shall any one act of compliance constitute a defense
against any subsequent or other violation of this chapter.
C.
In any case where the provisions of this code impose a higher standard
than is set forth in any other ordinance of the Township of Maple
Shade or under the laws or regulations of the State of New Jersey
or any of its agencies, then the standards as set forth herein shall
prevail; but if the provisions of this code impose a lower standard
than any other regulation or ordinance of the Township of Maple Shade
or the laws or regulations of the State of New Jersey or any of its
agencies, then the higher standard contained in any other such ordinance,
regulations or law shall prevail.
D.
Nothing contained in this chapter, or any requirement or compliance
herewith, shall be deemed to alter, impair or affect the application
of the land use ordinances of the Township to the premises in question.
E.
Nothing in this chapter shall be deemed to abolish or impair existing
remedies of the Township, its officers or agencies relating to the
removal or demolition of any buildings or structures which are deemed
to be dangerous, unsafe or unsanitary.
A.
Creditor responsibility. A creditor filing a summons and complaint to foreclose a lien on a residential or commercial property that is vacant and abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security, and upkeep of the exterior of the residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to the provisions of Chapter 51 of the Code of the Township of Maple Shade (see Ch. 51, Abandoned Property), pursuant to the provisions of N.J.S.A. 2A:50-73 or otherwise.
[Amended 8-18-2022 by Ord. No. 2022-08]
B.
Notice of creditor; time to correct violations. If the Code Enforcement Officer, or other authorized municipal official, determines that a creditor obligated to care, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the provisions of this chapter or Chapter 51 of this Code, the Code Enforcement Officer or other authorized municipal official shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. The notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of this notice shall constitute evidence that a property is "vacant and abandoned" for purposes of N.J.S.A. 2A:50-73.
C.
Designated representative of out-of-state creditor; violation. An
out-of-state creditor shall include the full name and contact information
of the in-state representative or agent in the notice required to
be provided to the Municipal Clerk pursuant to Subdivision a(1) N.J.S.A.
46:10B-51. An out-of-state creditor found by a court of competent
jurisdiction to have violated this provision shall be subject to a
fine of $2,500 for each day of the violation, commencing on the day
after the ten-day period set forth in Subdivision a(1) of N.J.S.A.
46:10B-51 with respect to notifying the Municipal Clerk that an action
to foreclose on the property has been filed.
A.
Owners, occupants and operators shall all have the duties and responsibilities
prescribed in this chapter, and no owner, operator or occupant shall
be relieved from any such duty and responsibility, nor be entitled
to defend against any charge or violation thereof, by reason of the
fact that another person is also responsible therefor under this chapter.
B.
Responsibility of owners, occupants and operator.
(1)
All owners, occupants and operators shall have a duty to keep the
premises for which they are responsible under this chapter structurally
sound, in good general repair and sufficiently maintained so as to
prevent and avoid conditions that violate this chapter.
(2)
It shall be a violation of this chapter for a person to occupy as
owner-occupant, or to permit another to occupy or use, premises which
do not comply with the requirements of this chapter.
(3)
All premises shall be maintained in a clean, safe, secure and sanitary
condition, as provided herein, so as not to cause a blighting problem
or adversely affect the public health or safety.
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 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.
F.
Sources of infestation.
G.
Rubbish.
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.
N.
Nuisances.
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 nonresidential lighting fixtures must be operable in accordance
with the ordinance and site plan approvals.
R.
Graffiti.
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 persons on the premises and/or adjacent
premises.
U.
Outdoor sales or displays, whether permanent or temporary, which
violate the standards 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.
A.
All commercial and residential premises shall be kept landscaped,
and grass, lawns, hedges and bushes shall be kept trimmed and kept
from becoming overgrown. In accordance with a landscaping plan approved
by the Planning or Zoning Board of Adjustment, trees, grass, shrubs
and other plantings shall be replaced when the same have fallen or
died.
B.
Properties with landscaping, lawns, hedges and bushes shall be kept
from becoming overgrown and unsightly where exposed to public view
and from becoming a blighting factor for adjoining properties.
C.
It shall be an affirmative duty of all owners and occupants of parcels
within Maple Shade Township to ensure that all sight triangles located
on the property are clear of obstructions or growth which would prevent
the clear vision of motorists utilizing adjacent roadways.
A.
All signs, pavement markings and printed matter and pictures or illustrations
contained thereon, permitted by reason of other regulations or as
a lawful nonconforming use, shall be maintained in good repair.
B.
Traffic safety maintenance. All traffic flow and control signs, whether
painted on pavement or vertical structures, shall be properly maintained
in a functional condition. Bent and leaning sign poles shall be replaced
or straightened. Painted directional and parking bay strips shall
be maintained in a readable condition. Bent and broken traffic control
guardrails and fencing shall be replaced. Missing, improperly located
or damaged parking bumpers or curbing shall be replaced.
A.
The exterior of every commercial and residential structure or accessory
structure, including fences, signs and storefronts, shall be maintained
in good repair and shall be aesthetically painted, except those constructed
of materials designed to be unpainted, such as, but not limited to,
cedar and redwood. All structural surfaces shall be maintained free
of safety hazards and fire hazards, such as broken windows, loose
and falling shingles and crumbling and falling stone or brick.
B.
The open or outdoor storage of appliances, building materials or
rubbish, equipment, garbage, goods, glass, materials, merchandise,
trash or similar items shall not be permitted, and said items shall
not be maintained or stored on any premises past the next regularly
scheduled trash collection date, with the exception of:
C.
Residential parking requirements. The parking or placement of any
motor vehicles, trailers, campers, utility vehicles, boats or boats
on a utility vehicle or trailer in the front yard area of any residential
structure or accessory structure is strictly prohibited; however,
said motor vehicles, trailers, campers, storage containers, utility
vehicles, and/or boats on a utility vehicle or trailer may be parked
on a driveway, provided that said driveway is constructed of asphalt,
concrete, stone, or a solid continuous parking pad capable of preventing
the undergrowth beneath the vehicle, boat, trailer, or camper. All
aforementioned vehicles, trailers, boats, etc., when not on an approved
driveway location, must be placed in the rear yard area of the residential
lot on a parking pad constructed of materials as stated above.
D.
Commercial and industrial parking requirements. The parking or placement
of any motor vehicles, trailers, campers, utility vehicles, boats
or boats on utility vehicles or trailers must be in conformance with
the approved site plan of the commercial or industrial site. In no
case may any motor vehicles, trailers, campers, utility vehicles,
boats or boats on utility vehicles or trailers be offered for sale
or parked, stored or placed on any commercial or industrial site unless
said site has prior Board approvals for the sale or storage of said
vehicles, etc., and the vehicles have a direct relationship with the
approved use of the commercial or industrial site.
A.
The owner, operator, resident and occupant shall have the duty and
responsibility of removing refuse and garbage at least once per week,
or at least as often as pickup is provided by the Township, whether
or not the Township collects the refuse from the property, but if
pickup once weekly is not sufficient to remove all garbage that accumulates,
removal more often shall be required, at the cost and expense of the
owner, operator, resident and occupant. The terms of this provision
in no way imply that the Township will collect refuse from commercial
ventures.
B.
Garbage and refuse shall be stored in tightly sealed, commercially
produced trash containers to prevent animal infestation and to eliminate
odors. Further, in residential zones and neighborhoods, all trash,
refuse and recycling containers shall be stored inside a main or accessory
structure on the premises, including, but not limited to, attached
or detached garages, or stored next to the property with an expectation
that the property owner will limit visibility from the roadway.
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 or container, 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.
F.
The Zoning Officer for the Township of Maple Shade 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 dumpsters
have been properly located in the rear or to the side of the structure,
and whether the dumpsters have been adequately enclosed. Commercial
property owners may contact the Zoning Officer to obtain assistance
in complying with this section.
G.
If the Zoning Officer determines that the dumpsters have not been
appropriately placed and enclosed, enforcement and abatement shall
take place as generally provided under this chapter, unless the dumpsters
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 dumpsters.
H.
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.
[Amended 9-28-2017 by Ord. No. 2017-15]
A.
The record owner of any property (residential or nonresidential)
in the Township shall be responsible for the maintenance of the area
within an abutting public right-of-way between the property lines
of the premises in question, extended to the cartway line.
B.
Maintenance responsibilities shall include but are not limited to
the following:
C.
Maintain all surfaces in level and safe condition to avoid tripping
hazards (e.g., filling any depressions due to settling of earth, repairing
uneven edges of concrete, brick or other hard surface material, etc.).
D.
For all repairs and/or replacements that involve removing, disturbing, excavating or digging up the surface of any street, sidewalk or other public place or any pavement, an application for a street excavation (§ 175-12) permit must be made.
E.
Responsibilities shall not include maintenance of any streetlight,
traffic signal, regulatory sign, trash receptacle, public bench, bus
shelter, bicycle rack or any equipment owned and maintained by the
public utility.
A.
Every owner, operator, resident or occupant shall be responsible
for the elimination of infestation in and on the premises subject
to his/her control.
B.
Insect and rat control. An owner of a structure or property shall
be responsible for the extermination of insects, rats, vermin or other
pests in all exterior and interior areas of the premises. Whenever
infestation exists in the shared or public parts of the premises of
other than a single-family dwelling, extermination shall be the responsibility
of the owner.
A.
No person shall deposit any litter on the ground in a commercial
or residential premises. Nothing in this section shall in any way
modify the responsibility of owners, occupants, or residents under
other provisions of this code for the keeping of commercial premises
in a clean and sanitary condition.
B.
Litter and maintenance of solid waste disposal facilities. All industrial
and commercial sites shall be kept free from noticeable accumulation
of paper and solid waste debris. Common refuse storage areas shall
be kept in a clean and repaired state, in full conformance with the
site plan provisions for such facilities.
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.
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.
F.
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.
A.
It shall be the duty of owners, operators and residents, where parking
spaces and lanes are provided for their customers, to see that all
parking is done in conformity with the spaces provided and that the
flow of traffic conforms to the directional arrows painted in the
lanes between the parking spaces. The Police Department, the Fire
Official and Fire Inspectors shall have the authority to issue complaints
to anyone obstructing a marked fire lane.
B.
In residential zone districts and upon all properties used for residential
purposes, in whole or in part, parking spaces shall be on paved or
gravel driveways, constructed, installed and located pursuant to the
provisions of the Zoning Code[1] and other applicable codes, rules and regulations of the
Township. Parking for motor vehicles on areas other than paved or
gravel driveways is prohibited.
C.
In all nonresidential districts and upon all properties used for
nonresidential purposes, in whole or in part, parking spaces shall
be on paved or gravel driveways, parking areas, or surfaces, constructed,
installed, located and maintained pursuant to an approved site plan
and the provisions of the Zoning Code and other applicable codes,
rules and regulations of the Township. In no event shall any vehicle
be parked in any exterior location other than one approved for parking
as indicated by the approved site plan except in the case of a temporary
emergency or necessity, not to exceed one twenty-four-hour period
in any ninety-day period. No vehicles shall be stored except at an
approved vehicle storage facility. Inoperable vehicles, unregistered
vehicles, or vehicles awaiting repairs or service shall not remain
parked in any exterior location for more than seven consecutive days
in any ninety-day period except at a vehicle storage facility specifically
approved for such purpose, provided that this prohibition shall not
apply to vehicles displayed for sale at a duly approved and licensed
new or used vehicle sales facility, provided such vehicles are parked
on approved spaces.
D.
No vehicle, commercial or otherwise, shall utilize the premises of
another, whether or not permission has been granted by the owner to
park, store, idle or maintain said vehicle overnight where the vehicle
is not loading or unloading cargo, goods or wares for the business
on the premises.
A.
Generally. Used clothing donation steel or similar storage containers
(hereinafter referred to in this section as "bins") are prohibited
in the Township.
B.
Exceptions. Registered nonprofit organizations are permitted to place
used clothing bins on nonresidential property in accordance with the
following:
(1)
Nonresidential commercial premises devoted to nonprofit purposes,
and churches, are permitted to have up to three used clothing donation
bins.
(2)
The bins 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 surface. The bins shall not be placed in a designated
parking space, unless specifically authorized by the Zoning Officer.
(3)
The bins shall be of the type that are enclosed by use of a receiving
door and locked so that the contents of the bins may not be accessed
by anyone other than those responsible for the retrieval of the contents.
(4)
Each bin shall not cover a ground surface area in excess of five
feet by five feet, nor be more than six feet in height.
(5)
Each bin must be regularly emptied of its contents so that it does
not overflow, resulting in used clothing being strewn about the surrounding
area.
(6)
A commercial zoning permit for used clothing donation bins shall
be required and obtained by the owner of the bins. The permit shall
be issued by the Zoning Officer, but can only be granted when it is
determined by the Zoning Officer that:
(a)
The bins are for use by a duly registered nonprofit organization
(Proof of nonprofit status shall be provided when the permit is submitted.);
(b)
The proper types of bins are being used as described by this
section;
(c)
The bins are being placed in a proper location as described
by this section;
(d)
A letter of authority/permission from the owner of the property
upon which the bins are to be and/or are already located has been
received; and
(e)
The name, address and phone number of the nonprofit organization
or church is displayed on each bin.
C.
If any used clothing donation bins are placed without a permit, or
an inspection reveals that such bins are not in compliance with this
section, enforcement and abatement shall take place as generally provided
under this chapter.
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.
A.
The provisions of this chapter shall be enforced by the Police Department,
the Construction Official, the Director of the Department of Community
Development, any Health Officer, the Zoning Officer, the Township
Engineer, the Superintendent of Public Works, the Township Manager,
or any other agent or employee designated by the Township Manager.
Proof of designation shall be satisfied by a memorandum written by
the Township Manager.
B.
Collectively, and individually, the aforementioned are hereinafter
referenced as "enforcement official."
A.
All buildings and premises subject to this code are subject to inspection
annually and at the time of change of use or ownership by an enforcement
official. At the time of such inspections, all parts of the premises
must be available and accessible for such inspections, and the owner,
operator, resident and occupant are required to provide the necessary
arrangement to facilitate such inspections. Such inspections shall
be made during regular hours of the business occupying said premises
unless there is reason to believe a violation exists of a character
which is an immediate threat to safety requiring inspection and abatement
without delay.
B.
The Director of Community Development may develop and approve an
inspection checklist for use in the assistance of enforcement of this
chapter and to clarify for the owner, operator or occupant the results
of the inspection and the steps which are required to abate any violations
of this chapter. Said checklist may be amended from time to time by
the Director with further approval by the Township Manager.
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.
A.
A notice of enforcement and abatement shall be served on the owner,
lessor or agent, and the notice shall be posted upon the premises
in a conspicuous place when the owner, lessor, or agent cannot be
found at the address in the registration or in the Township tax records.
B.
Notice may be served by regular and certified mail, national overnight
courier service and/or personal service.
C.
Any of the above-listed enforcement officials shall provide written
notice to owners, operators and occupants found to be in violation
of this chapter, which shall be known as an "enforcement and abatement
notice." Said enforcement and abatement notice shall specify:
D.
Any owner, operator or occupant who receives an enforcement and abatement
notice who fails to, or refuses to, correct the violations shall be
subject to receipt of a summons for violation of this chapter.
E.
Any aggrieved party that receives an inspection report based upon
a change of ownership or change of use of the premises, which report
identifies items that are strictly limited to issues concerning compliance
with an approved site plan, may request a waiver of said condition
by the approving land use board. The party shall file notice with
the Township Clerk within 15 days of the receipt of the notice or
inspection report and shall file an application for a request for
the waiver with the appropriate land use board within 25 days of receipt
of the inspection report.
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 Maple Shade or the laws of the State of New Jersey requires expenditures
of the Township of Maple Shade 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 Maple Shade.
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 Maple Shade, 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.
[Adopted 12-8-2022 by Ord. No. 2022-11; amended in its entirety 8-24-2023 by Ord. No. 2023-13]
The owner, landlord and/or agent of every single-family, two-family,
and/or multiple dwelling unit offered for rental shall be required
to obtain an inspection of the unit for lead-based paint hazards within
two years of the effective date of the law, July 2, 2022, or upon
tenant turnover, whichever is earlier.
After the initial inspection required by § 152-100, the owner, landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
Inspections for lead-based paint in rental dwelling units shall
be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et
seq., and N.J.S.A. 55:13A-1 et seq., as may be amended from time to
time.
A dwelling unit in a single-family, two-family, or multiple
rental dwelling shall not be subject to inspection and evaluation
for the presence of lead-based paint hazards, or for the fees for
such inspection or evaluation, if the unit:
A.
Has been certified to be free of lead-based paint;
B.
Was constructed during or after 1978; or
C.
Is in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least 10 years,
either under the current or a previous owner, and has no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the "Hotel and Multiple Dwelling Law,"
N.J.S.A. 55:13A-1 et seq.
D.
Has a valid lead-safe certification issued in accordance with N.J.S.A.
52:27D-437.16(d)(2).
If lead-based paint hazards are identified, then the owner of
the dwelling shall remediate the hazards through abatement or lead-based
paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d).
Upon the remediation of the lead-based paint hazard, the Township
Code Enforcement Officer or designee, as may be applicable, or the
owner's private lead inspector, shall conduct an additional inspection
of the unit to certify that the hazard no longer exists.
If no lead-based paint hazards are identified, then the Township
Code Enforcement Officer or designee or the owner's private lead
inspector shall certify the dwelling as lead-safe on a form prescribed
by the Department of Community Affairs, which shall be valid for two
years and shall be filed with the Township's Code Enforcement
Officer. The Township Code Enforcement Officer shall maintain up-to-date
information on inspection schedules, inspection results, tenant turnover
and a record of all lead-free certifications issued pursuant to N.J.A.C.
5:17.
In accordance with N.J.S.A. 52:27D-437.16(e), property owners
shall:
A.
Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the Township of Maple Shade at the time
of the cyclical inspection.
B.
Provide evidence of a valid lead-safe certification to new tenants
of the property at the time of tenant turnover and shall affix a copy
of such certification as an exhibit to the tenant's or tenants'
lease.
C.
Maintain a record of the lead-safe certification which shall include
the name or names of the unit's tenant or tenants if the inspection
was conducted during a period of tenancy.
A.
Notwithstanding any other fees due pursuant to this article, a fee in the amount of $750 shall be paid for each lead-based paint inspection performed by the municipality. Said fee shall be dedicated to meeting the costs of implementing and enforcing this article and shall not be used for any other purpose. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of § 152-100, in which case no additional lead-based paint inspection fee shall be paid.
B.
The fee for the filing of a lead-safe certification or lead-free
certification shall be $25.
C.
In a common interest community, any inspection fee charged shall
be the responsibility of the unit owner and not the homeowners'
association, unless the association is the owner of the unit.
D.
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of
$20 per dwelling unit inspected by the Township's Lead Inspector
or the owner's and/or landlord's private lead inspector
shall be assessed for the purposes of the Act, unless the owner and/or
landlord demonstrates that the New Jersey Department of Community
Affairs has already assessed an additional inspection fee of $20.
The fees collected pursuant to this subsection shall be deposited
into the Lead Hazard Control Assistance Fund.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for
a violation of this article shall be as follows:
A.
If a property owner has failed to conduct the required inspection
or initiate any remediation efforts, the owner shall be given 30 days
to cure the violation.
B.
If the property owner has not cured the violation after 30 days,
the property owner shall be subject to a penalty not to exceed $1,000
per week until the required inspection has been conducted or remediation
efforts have been initiated.
