There is hereby established in the township a State Uniform
Construction Code Enforcing Agency to be known as the Southampton
Code Enforcement Agency, consisting of a construction official, building
subcode official, plumbing subcode official, electrical subcode official,
fire protection subcode official and such other subcode officials
for such additional subcodes as the Commissioner of the Department
of Community Affairs, State of New Jersey, shall hereafter adopt as
part of the State Uniform Construction Code. The construction official
shall be the chief administrator of the enforcing agency. The fire
protection subcode official shall be appointed by the Township Committee
from those persons recommended by the fire chief, all others shall
be appointed by the Township Committee.
a.
Each official position created in Subsection "a" hereof shall be
filled by a person qualified for such position pursuant to P.L. 1975,
C.217 as amended and N.J.A.C. 5:23, provided that, in lieu of any
particular subcode official, an onsite inspection agency may be retained
by contract pursuant to N.J.A.C. 5:23. More than one such official
position may be held by the same person; provided that such person
is qualified pursuant to P.L. 1975, C. 217 and N.J.A.C. 5:23 to hold
each such position.
b.
The public shall have the right to do business with the enforcing
agency at one office location except for emergencies and unforeseen
or unavoidable circumstances.
c.
The construction board of appeals for the township shall be the board
of appeals established by the County of Burlington.
a.
Construction fees: general provisions.
1.
All fees shall be rounded up to the next highest dollar.
2.
For determining the estimated cost, an applicant shall include cost
data by a recognized estimating firm, contractor or bonafide contractor's
bid. The construction official shall make the final decision regarding
estimated cost.
3.
The fee for a certificate of occupancy shall be paid at the time
the permit is obtained and shall be in addition to the construction
permit.
4.
The minimum subcode fee will be $85.
6.
Administrative fee/prototype processing: 25% of permit fee.
7.
New construction: $0.047 per cubic foot.
8.
Renovations, alterations and repairs:
|
Cost
|
Fee per $1,000 Cost
|
|---|---|
|
First $50,000
|
$35
|
|
$50,001 to $100,000
|
$28
|
|
$100,001 and above
|
$24
|
9.
Sign fee: $6 per square foot.
10.
Swimming pools/miscellaneous:
(a)
Inground pool: $225.
(b)
Aboveground pools/spas and hot tubs: $140.
(c)
Roofing/siding for R-3 to R-5 use groups (residential): $100;
all other: $35 per $1,000.
(d)
Satellite dish: $35 per $1,000.
(e)
Pool fence or fence over six feet: Refer to Subsection 8-1.3a.8.
(f)
Mobile structures, homes and construction trailers: $150.
13.
Radio towers: $35 per $1,000.
14.
Storage tanks, demolition and removal (flammable and combustible):
$100.
15.
Tents in excess of 900 square feet: $129.
17.
Aboveground storage tank foundations and containment area: $30 per
$1,000 cost.
18.
Asbestos abatement: $196.
19.
Lead hazard abatement: $196.
20.
Application for variation:
|
Use Group
|
Fee
|
|---|---|
|
R-3 to R5
|
$200
|
|
All others
|
$400
|
22.
Minimum building subcode fee: $85.
b.
Electrical subcode fees:
2.
For the purposes of calculating the following electrical fees, all
motors (except plug-in appliances) shall be counted, including control
equipment, generators, transformers and all heating, cooking or other
devices consuming or generating electrical current and smoke/heat
detectors:
(a)
Each motor or device of 1 hp or 1 kW and less than 10 hp or
10 kW: $22.
(b)
Each motor or electrical device of 10 hp or 10 kW and less than
50 hp or 50 kW: $75.
(c)
Each motor or electrical device of 50 hp or 50 kw to 100 hp/kw:
$139.
(d)
Greater than 100 hp or 100 kw: $665.
(e)
Aboveground pools, hot tubs and spas: $100; in-ground pool:
$160.
(f)
Each service or subpanel of 200 amps or less: $90.
(g)
Each service or subpanel greater than 200 amps and less than
1,000 amps: $139.
(h)
Each service or subpanel greater than 1,000 amps: $640.
(i)
Transformers and generators greater than 10 kW and less than
or equal to 45 kW: $75.
(j)
Each fire and/or intrusion alarm panel: $65.
(k)
Annual pool inspection: $85.
3.
Solar electric:
(a)
Systems up to 10 kW: $300.
(b)
Systems greater than 10 kW: $300 for the first 10 kW plus $15
for each additional 1 kW or portion thereof over 10 kW.
(c)
All other systems: $300 for the first 10 kW plus $15 for each
additional kW or portion thereof over 10 kW.
(d)
Array of 1 MW (megawatt) and greater: $5,500 per MW and fraction
(Example: 1.5 MW x $5,500 = $8,250).
(e)
Each disconnect: $50.
(f)
Each inverter: $50.
(g)
Each metering device: $50.
|
Note: Above fees do not include the cost of new subpanels or
service panels. The cost of materials and labor of mounting system
for solar array and wind energy system is based on fees for renovations,
alterations and repairs listed under Subsection 8-1.3a, Construction
fees: general provisions, Paragraph 8. Above fees are inclusive of
all disconnects, overcurrent devices, inverters, metering devices,
and any other DC equipment.
|
|
Note: Above fees do not include the cost of new subpanels or
service panels. The cost of materials and labor of mounting system
for PV array is based on fees for renovations, alterations and repairs
listed under Subsection 8-1.3a, Construction fees: general provisions,
Paragraph 8.
|
4.
Mechanical inspection for HV system: $125 plus electric.
5.
Minimum electrical subcode fee: $85.
c.
Fire subcode fees:
|
Type
|
Fee
|
|---|---|
|
Sprinkler heads:
| |
|
1 to 20
|
$95
|
|
21 to 100
|
$170
|
|
101 to 200
|
$330
|
|
201 and over
|
$841
|
|
Heat/smoke detectors:
| |
|
1 to 20
|
$65
|
|
21 to 100
|
$125
|
|
101 to 200
|
$225
|
|
201 and over
|
$660
|
|
Each independent preengineered system
|
$139
|
|
Each gas or oil-fired appliance
|
$75
|
|
Each commercial hood
|
$75
|
|
Each incinerator/crematorium
|
$521
|
|
Each standpipe
|
$331
|
|
Each wood-burning stove/fireplace/appliance
|
$85
|
|
Storage tank installation
|
$75
|
|
Smoke control system
|
$150
|
|
Minimum fire subcode fee
|
$85
|
d.
Plumbing subcode fee:
|
Type
|
Fee
|
|---|---|
|
Water closet
|
$25
|
|
Urinal/bidet
|
$25
|
|
Bathtub
|
$25
|
|
Lavatory
|
$25
|
|
Shower
|
$25
|
|
Floor drain
|
$25
|
|
Sink
|
$25
|
|
Floor sink
|
$25
|
|
Dishwasher
|
$25
|
|
Washing machine
|
$25
|
|
Hose bibb
|
$25
|
|
Vent stacks
|
$25
|
|
Water heater
|
$25
|
|
Ice machine
|
$25
|
|
Condensate drain
|
$25
|
|
Backflow preventer
|
$96
|
|
Special devices
|
$96
|
|
Gas piping
|
$96
|
|
Fuel oil piping
|
$96
|
|
Steam boiler
|
$96
|
|
Hot-water boiler
|
$96
|
|
Sewer pump
|
$96
|
|
Interceptor/separator
|
$96
|
|
Grease trap
|
$96
|
|
Refrigeration unit
|
$96
|
|
Sewer connection
|
$96
|
|
Water service connection
|
$96
|
|
LP tank up to 1,000 pounds
|
$96
|
|
LP tank 1,001 pounds and up
|
$125
|
|
Backflow preventer annual inspection
|
$75
|
|
Minimum plumbing subcode fee
|
$85
|
e.
Mechanical subcode fee: For R3 or R5 replacements:
|
Type
|
Fee
|
|---|---|
|
HVAC replacement
|
$125
|
|
Gas or oil-fired appliance
|
$75
|
|
Storage tank install
|
$75
|
|
Condensate drain
|
$25
|
|
Gas or fuel oil piping
|
$96
|
|
Hot-water boiler
|
$96
|
|
Refrigeration unit
|
$96
|
|
LP tank up to 1,000 pounds
|
$96
|
|
Minimum mechanical subcode fee
|
$85
|
[1]
Editor's Note: This ordinance provided that it take effect
2-20-2018.
The fire limits of the Township are hereby established as follows:
BEGINNING at the point of intersection of the center lines of
Main Street and Mill Street in the Village of Vincentown, Township
of Southampton and runs thence:
West along the center line of Mill Street to the intersection
of the same and the center line of Red Lion Street and thence
South along the center line of Red Lion Street to the intersection
of the same and the center line of Race Street, and thence
East along the center line of Race Street to the intersection
of the same and the center line of Main Street, and thence
South along the center line of Main Street to the intersection
of the same and the center line of Grange Street, and thence
East along the center line of Grange Street to the intersection
of the same and the center line of Plum Street, and thence
North along the center line of Plum Street to the intersection
of the same and the center line of Church Street, and thence
West along the center line of Church Street to the intersection
of the same and center line of Main Street, and thence
South along the center line of Main Street to the point or place
of BEGINNING.
As used in this section the words or phrases shall have the
meaning indicated unless otherwise required by the context:
Includes all houses, dwellings, stores, business places and
other buildings which front on any street in the Township.
Any street, road, highway, alleyway or avenue for the passage
of motor vehicles and pedestrians, whether paved or unpaved, identified
on the Official Tax Map of the Township of Southampton and located
within the Township borders.
The Township Committee or its delegate shall be authorized to
name or change the name of streets within the Township and provide
for the erection thereon of signs showing the names thereof and guideposts
for travelers at the expense of the township and shall provide for
the identification of said streets on the Official Tax Map of the
Township.
The map entitled "Emergency Services Map of Southampton Township,"
dated February, 1991, prepared by Maser Associated, Inc. of Pemberton,
New Jersey, as may be amended from time to time, shall be the official
street map for the identification and location of all streets within
the Township, and a copy of said map shall be kept on file with the
Township Clerk.
a.
The Township Committee or its delegate shall plot on the tax map
of the township all the properties which now or hereafter front on
any street and shall designate and assign a number therefor.
b.
Requirements.
1.
Address requirements. The Township Committee or its delegate shall
designate and assign an official address for all buildings which now
or hereafter front on any street. The Township Committee or its delegate
shall send each building owner or occupant a notice of the official
address, which notice shall appear in substantially the following
form:
|
Your Official address is:
If mail delivery is made to the property location:
Resident or Business Name
#### Street Name
Post Office Name, NJ 08 ZIP-CODE
| |
|
If mail is received at a post office:
(Post Office Box)
| |
|
Resident or Business Name
#### Street Name, Southampton Twp.
P.O. Box ###
Post Office Name, NJ 08 ZIP-CODE
|
|
The owner or occupant shall utilize such official address at
all times.
|
2.
House numbering requirements. The owner or occupant of any building
for which an official number is designated shall be required at his
own expense to place the official number on the structure or a post
so that it is clearly visible from the street on which the building
fronts.
If the official number cannot be displayed on the structure
or a post so as to be clearly visible from the street, it shall be
displayed at the end of the driveway to the building so that it is
clearly visible from the street on which the building fronts.
Figures at least three inches high shall be used to display
the official number and all numbers shall be lighted or reflective,
except in Leisuretowne where one and one half inch high numbers now
exist.
Any person, firm or corporation failing to so number any building
occupied by him, or if after receiving notice to do so from the Township
Clerk shall continue in his failure to so number such building shall
be fined $1 for each day during or on which a failure to so number
continues.
3.
Mailbox numbering requirements.
Buildings with rural mailboxes located on the same side of the
street on which the building fronts shall have the official number
displayed on both sides of the mailbox.
Buildings with rural mailboxes located on the opposite side
of the street on which the building fronts shall have the official
number displayed on the side of the mailbox facing oncoming traffic.
The official number shall also be posted at the end of the driveway
to the building so that it is clearly visible from the street.
Buildings with mailboxes clustered with others or on a street
other than that on which the building fronts shall have the official
street address displayed in one inch lettering on the front door of
the mailbox.
c.
Upon any subdivision of land in the township resulting in lots other
than those delineated on the tax map, the Township Committee or its
delegate shall assign a number to each lot resulting from the subdivision
which shall be in proper numerical sequence In relation to the numbers
assigned to other lots fronting on the same street.
As used in this section, the following terms shall have the
meanings indicated:
Any building, or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outhouses, and
appurtenances belonging thereto or usually enjoyed therewith.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the township, county
or State relating to health, fire, building regulations, or to the
other activities concerning buildings in the township.
The building subcode official of the township shall exercise
the powers prescribed by this section.
Whenever a petition is filed with the building subcode official
by a public authority or by at least five residents of the township
charging that any building is unfit for human habitation or occupancy
or use or whenever it appears to the building subcode official (on
his own motion) that any building is unfit for human habitation or
occupancy or use, the building subcode official 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 a building
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the building subcode official (or
his designated agent) at a place therein fixed not less than 10 days
nor more than 30 days after the serving of the complaint; 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 place and time fixed in the complaint; the rules of evidence
prevailing in the courts shall not be controlling in hearings before
the building subcode official.
If, after such notice and hearing, the building subcode official
determines that the building under consideration is unfit for human
habitation or occupancy or use, he shall state in writing his 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:
a.
Requiring 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
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 said building within
the time specified in the order, then the owner shall be required
to remove or demolish the building within a reasonable time as specified
in the order of removal.
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 building subcode official may cause such building to
be repaired, altered, or improved, or to be vacated and closed; the
building subcode official 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."
If the owner fails to comply with an order to remove or demolish
the building, the building subcode official 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.
a.
The cost of filing of legal papers, expert witnesses' fees, search
fees and advertising charges, incurred in the course of any proceeding
taken under this act determined in favor of the township, and
b.
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 material 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 building subcode official, he 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 municipal tax assessor or other custodian
of the records of tax liens and a copy thereof shall be forthwith
forwarded to the owner by registered or certified mail. If the total
of the credits exceed such costs, the balance remaining shall be deposited
in the Superior Court by the building subcode official, and 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. Nothing in this section 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 summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
The building subcode official may determine that a building
is unfit for human habitation or occupancy or use if he finds that
conditions exist in such building which are dangerous or injurious
to the health or safety of the occupants of such building, the occupants
of neighboring buildings or other residents of such 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
and uncleanliness.
Complaints or orders issued by the building subcode official
pursuant to this section shall be served upon persons either personally
or by registered or certified mail, but if the whereabouts of such
persons is unknown and same cannot be ascertained by the building
subcode official in the exercise of reasonable diligence, the building
subcode official 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 printed and published in the township, or, in the absence
of such newspaper, in one printed and published in the county and
circulating in the township in which the buildings are located. A
copy of such complaint or order shall be posted in a conspicuous place
on premises affected by the complaint or order. 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 building is located.
Any person aggrieved by an order issued by a building subcode
official under this section may, within 60 days after the posting
and service of such order, bring an action for injunctive relief to
restrain the building subcode official from carrying out the provision
of the order and for any other appropriate relief. The court may proceed
in the action in a summary manner or otherwise. The remedy herein
provided shall be exclusive, and no person affected by an order of
the building subcode official shall be entitled to recover any damages
for action taken pursuant thereto, or because of noncompliance by
any person with any order of the building subcode official.
The building subcode official is hereby authorized 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
powers in addition to others herein granted.
a.
To investigate the building conditions in the township in order to
determine which buildings therein are unfit for human habitation or
occupancy or use.
b.
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examinations; 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.
e.
To delegate any of his functions and powers under the section to
such officers and agents as he may designate.
f.
The provisions of this section and the powers herein conferred shall
be in addition to, and supplemental to, the powers conferred by any
other law or ordinance of the township.
As used in this section, the following terms shall have the
meanings indicated:
Any structure whether with or without gates, sluiceways or
other refinements constructed of earth, wood, metal or any other material,
in whole or in part, and used for the purpose of controlling the flow
of any water within the township.
No dam shall be constructed, altered or removed within the township
without first securing a permit from the Township Engineer.
The Township Engineer shall not issue a building permit for
the construction, alteration or removal of any dam unless plans for
the same have first been submitted to him and have been examined and
approved by the Township Engineer and/or the water policy commission
of the State of New Jersey. No plans shall be approved unless they
conform to good engineering standards and are adequate and appropriate
for the control of the water to be effected by them.
Every outdoor swimming pool with a depth of water in excess
of 18 inches, the exterior walls of which are less than four feet
in height, and man-made irrigation ponds or holes shall be completely
surrounded by a fence or wall not less than four feet in height, which
shall be so constructed as not to have openings, holes or gaps larger
than four inches in any dimension except for doors and gates; and
if a picket fence is erected or maintained, the horizontal dimension
shall not exceed four inches. A dwelling house or accessory building
may be used as part of such enclosure.
All gates or doors opening through such enclosure shall be equipped
with a self-closing and self-latching device for keeping the gate
or door securely closed at all times when not in actual use, except
that the door of any dwelling which forms a part of the enclosure
need not be so equipped.
At all times if an adult person is not actually present and
within the enclosure of such fence, the door shall be securely locked
with a padlock or other comparable lock and the key removed and kept
in the possession of an adult.
Any outdoor pool, the walls of which extend for at least four
feet vertically above ground level, shall have no ladder or other
similar means of access to the pool left at the pool or left outdoors
at any time that an adult is not personally present at the pool.
This section shall be interpreted so as to give effect to its
intent, which is to make sure that no child or minor person shall
be able to enter the pool while an adult person is not actually present
at the pool.
The person owning the land or leasing the land or otherwise
in possession thereof shall be responsible for observance of the provisions
of this section.
It is hereby found and declared that there exists in the township
structures which are, or may become in the future, substandard with
respect to structure, equipment or maintenance, or further that such
conditions including but not limited to structural deterioration,
lack of maintenance and appearance of exterior of premises, infestation,
existence of fire hazards and insanitary conditions constitute a menace
to the health, safety, morals, welfare and reasonable comfort of the
citizens and inhabitants of the township. It is further found and
declared that by reason of lack of maintenance and progressive deterioration,
certain properties have the further effect of creating blighting conditions
and initiating slums, and that if the same are not curtailed and removed,
the aforesaid conditions will grow and spread and will necessitate
in time the expenditure of large amounts of public funds to correct
and eliminate the same, and that by reason of timely regulations and
restrictions as herein contained, the growth of slums and blight may
be prevented and the neighborhood and property values thereby maintained,
the desirability and amenities of residential and nonresidential uses
and neighborhoods enhanced and the public health, safety and welfare
protected and fostered.
The purpose of this section is to protect the public health,
safety, morals and welfare by establishing minimum standards governing
the maintenance, appearance, condition and occupancy of residential
and nonresidential premises and vacant or abandoned buildings; to
authorize and establish procedures for the abatement of violations
and to fix penalties for the violations of this section. This section
is hereby declared to be remedial and essential for the public interest
and it is intended that this section be liberally construed to effectuate
the purposes as stated.
The following terms, wherever used herein or referred to in
this section, shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context.
Conditions or appearance of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
Any premises, or any part thereof, or any building or any
member thereof, from a sidewalk, street, alleyway, parking lot or
from any neighboring premises.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
Any device or condition likely to cause fire and which is
so situated as to endanger either persons or property, accumulation
or storage of combustible or explosive material sufficient in amount
or so located or in such a manner as to put in jeopardy, in event
of ignition, either persons or property; the obstruction to or of
all means of ingress and egress.
Any public nuisance known at public law or in equity jurisprudence,
or as provided by the Statutes of the State of New Jersey, or the
ordinances of the township.
Any attractive nuisance which may prove detrimental to the health
or safety of children whether in a building, or upon an unoccupied
lot. This includes but is not limited to: abandoned wells, shafts,
basements, excavations, abandoned iceboxes, refrigerators, any structurally
unsound fences or structures, lumber, trash, fences, debris, or vegetation
such as poison ivy, oak or sumac, which may prove a hazard for inquisitive
minors, and any unregistered motor vehicles unfit for reconditioning,
dismantled old motor vehicles or parts thereof, used motor vehicles
or parts thereof, used motor vehicle parts and motor vehicle junk
whether abandoned or on the property of the owner thereof.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Inadequate or insanitary sewerage or plumbing facilities in
violation of township ordinances.
Insanitary conditions or anything offensive to the senses or
dangerous to health, in violation of this section.
Whatever renders air, food, or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any person who has charge, care or control of premises, or
a part thereof, whether with or without the knowledge and consent
of the owner.
Any person who alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof; or shall have charge, care
or control of any dwelling or dwelling unit, as owner or agent of
the owner, or as executor, executrix, administrator, administratrix,
trustee, receiver, or guardian of the estate or as a mortgagee in
possession regardless of how such possession was obtained.
Applicable to all residential and non-residential buildings
and to all abandoned or vacated buildings regardless of usage, and
the premises on which all such buildings are situated, whether or
not such buildings shall have been constructed, altered or repaired
before or after the enactment of this section.
In any case where the provisions of this section impose a higher
standard than set forth in any other ordinances of the township, of
any law of the State of New Jersey, or regulation of any public agency,
board or commission, then the standards as set forth herein shall
prevail, but if the provisions of this section impose a lower standard
than any other ordinances of the township or of the laws of the State
of New Jersey, or any public agency, board or commission, then the
higher standard contained in any such other ordinance or law shall
prevail.
Maintenance of exterior of premises free of hazards and unsanitary
conditions. The exterior of the 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 the premises,
and free of unsanitary conditions, and any of the foregoing shall
be promptly removed and abated by the owner or operator. It shall
be the duty of the owner or operator to keep the premises free of
the hazards which include but are not limited to the following:
a.
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.
b.
Loose and overhanging objects and accumulations of ice and snow which
by reason of location above ground level constitute a danger of falling
on persons in the vicinity thereof.
c.
Holes, excavations, breaks, projections, obstructions, icy conditions,
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.
d.
Adequate run-off drains shall be provided and maintained to eliminate
any recurrent or excessive accumulation of storm water.
e.
All infestation in and on the premises.
f.
Exterior porches, landings, balconies, stairs and fire escapes which
are not provided with banisters or railings properly designed and
maintained to minimize the hazard of fallings, and which are not kept
structurally sound, in good repair, and free from defects.
g.
The exterior of the premises, the exterior of structures and the
condition of accessory structures shall be maintained so that the
appearance of the premises and structures shall not constitute a blighting
factor for adjoining property owners.
h.
Premises with landscaping and lawns, hedges and bushes shall be kept
trimmed and from becoming overgrown and unsightly where exposed to
public view and where the same constitute a blighting factor depreciating
adjoining property.
i.
The exterior of every structure or accessory structure (including
fences) shall be maintained in good repair and all surfaces thereof
shall be kept painted or whitewashed where necessary for the purposes
of preservation and appearance and preventing deterioration. The same
shall be maintained free of broken glass, loose shingles, crumbling
stone, or brick, excessive peeling paint or other conditions reflective
of deterioration or inadequate maintenance to the end that the property
itself may be preserved, safety and fire hazards eliminated, and adjoining
properties protected from blighting influences.
j.
Every structure and accessory structure and every part thereof shall
be kept structurally sound and in a state of good repair to avoid
safety, health or fire hazards.
k.
Exterior walls, sidings and roofs shall be kept structurally sound,
in good repair and free from defects.
l.
Every structure shall be so maintained as to be weather and watertight.
m.
No accumulation or obstruction from garbage, refuse or rubbish shall
be permitted on the premises or in stairways, areaways, balconies,
porches, hallways, basements or cellars except that garbage stored
in proper container may be set out for removal.
n.
All windows of non-residential structures exposed to public view
shall be kept clean and free of marks or foreign substances except
when necessary in the course of changing displays. No storage of materials,
stock or inventory shall be permitted in window display areas ordinarily
exposed to public view unless said areas are first screened from the
public view by drapes, Venetian blinds or other permanent rendering
of the windows opaque to the public view. All screening of interiors
shall be maintained in clean and attractive manner and in good state
of repair.
o.
All store fronts shall be kept in good repair, painted where required,
and shall not constitute a safety hazard or nuisance. In the event
repairs to a storefront become necessary, such repairs shall be made
with the same or similar materials used in the construction of the
storefront in such a manner as to permanently repair the damaged area
or areas. Any cornice visible above a storefront shall be kept painted
where required and in good repair.
p.
Any awning or marquee and its accompanying structural members which
extend over any street, sidewalk or other portion of the premises
shall be maintained in good repair and shall not constitute a safety
hazard or nuisance. In the event the awnings or marquees are made
of cloth, plastic, or of similar materials, the cloth or plastic where
exposed to public view shall be maintained in good condition and shall
not show evidence of excessive weathering, discoloration, ripping,
tearing or other holes.
q.
All permanent signs and billboards exposed to public view permitted
by reason of other regulations of the township or as a legal non-conforming
use shall be maintained in good order. Any signs which have excessively
weathered or faded or those upon which the paint has excessively peeled
or cracked shall with their supporting members, be removed forthwith
or put into a good state of repair. All non-operative or broken electrical
signs shall be repaired or shall, with their supporting members, be
removed forthwith.
r.
All buildings that are no longer in active use shall be secured so
as to prevent excessive weathering or entry to the interior by unauthorized
persons. If open areas of the building are secured with composition
boards or similar materials, then these materials are to be painted
in a manner compatible with the remainder of the building.
s.
Buildings that were under construction but the construction thereof
has ceased for more than 90 days, shall be secured so as to prevent
entry by unauthorized persons and construction materials shall be
screened from public view. The partially completed structure shall
be governed by the provisions of this section.
a.
It shall be unlawful for any owner or owners, occupant or occupants,
tenant or tenants of any lot or tract of land situated within the
Township of Southampton to permit or maintain on any such lot or tract
of land any brush, weeds, dead or dying trees, stumps, roots, obnoxious
growth, filth, garbage, trash and debris injurious to the public health,
safety and general welfare or where the same shall tend to create
a fire hazard. This provision is construed to allow the municipality
to maintain abandoned or vacant properties which are not being cared
for by their owners or the financial institution that claim ownership
interest in the property. This subsection shall not be construed to
apply to those lands under cultivation or otherwise being utilized
for the production of crops or otherwise being utilized for agricultural
purposes.
b.
Violations and penalties. Any owner or owners, occupant or occupants,
tenant or tenants who shall neglect to cut and remove or otherwise
destroy such brush, weeds, dead or dying trees, stumps, roots, obnoxious
growth, filth, garbage, trash and debris as directed by this code
shall, upon conviction before the Judge of the Municipal Court of
the Township of Southampton, be subject, for each offense, to a fine
not exceeding $1,000 or to imprisonment for a term not exceeding 90
days, or to both such fine and imprisonment.
c.
Failure to remove; assessment of costs. For properties that have
been deemed abandoned or vacant by the municipality, upon the failure
of any owner or owners, occupant or occupants, tenant or tenants or
the financial institutions that claim control of the property, to
cut and remove or otherwise destroy such brush, weeds, dead or dying
trees, stumps, roots, obnoxious growth, filth, garbage, trash and
debris within 10 days after notice to remove the same has been received
from said Township of Southampton, which notice may be effected by
personal service, by conspicuously posting the property or by mail,
registered return receipt requested, the Township shall cause the
same to be removed under the direction of the Superintendent of Public
Works. For occupied properties the notice period shall be 30 days
which may be further expanded if the property owner can demonstrate
a hardship as long as the condition of the property is not creating
a public health or safety issue. Regardless of whether the property
is occupied or not, the notice shall be prepared and forwarded by
the Township Clerk upon the direction of the Superintendent. Said
Superintendent shall certify the cost thereof to the Township Committee
which shall examine the certificate and, if found correct, shall cause
the cost as shown thereon to be charged against said land and premises,
and the cost shall be added to and become and form part of the taxes
next to be assessed and levied upon the land, the same to bear interest
at the same rate as taxes, and shall be collected and enforced by
the same officers and in the same manner as taxes.
d.
Nonrestriction of right to collect costs. The imposition and collection
of the fine imposed by this code shall not constitute any bar to the
Township's right to collect the cost, as certified, for the removal
of such growths, in the manner herein authorized.
Unless otherwise identified herein, both the zoning code enforcement
officer and the building inspector are hereby authorized to enforce
the provisions of this section and abate violations. Violators will
be subject to the jurisdiction of the municipal court of the Township
of Southampton. Upon conviction before the Judge of the Municipal
Court of the Township of Southampton, be subject, for each offense,
to a fine not exceeding $1,000 or to imprisonment for a term not exceeding
90 days, or to both such fine and imprisonment.
[Added 8-19-2014 by Ord.
No. 2014-18; amended 8-16-2022 by Ord. No. 2022-09]
[Added 8-19-2014 by Ord.
No. 2014-18; amended 8-16-2022 by Ord. No. 2022-09]
It is the intent of Subsections 8-7.9 through 8-7.15 to enable the Township of Southampton to engage in the identification, registration, monitoring, and mitigation of properties that are or may become vacant and abandoned to the fullest extent permitted by P.L. 2021, c. 444,[1] in order to combat the immeasurable and deleterious effects
of blight arising from residential and commercial properties that
become vacant or abandoned during the foreclosure process.
[1]
Editor's Note: See N.J.S.A. 40:48-2.12s1.
[Added 8-19-2014 by Ord.
No. 2014-18; amended 8-16-2022 by Ord. No. 2022-09]
All words, terms, and phrases used within Subsections 8-7.9 through 8-7.15 shall be defined and interpreted consistent with their meanings as outlined within P.L. 2021, c. 444, as may be amended from time to time.
A state-chartered bank, savings bank, savings and loan association
or credit union, any person required to be licensed under the provisions
of the New Jersey Residential Mortgage Lending Act, Sections 1 through
39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through 17:11C-89), and
any entity, agent, or assignee acting on behalf of the creditor named
in the debt obligation, including but not limited to servicers, who
has filed a complaint in the Superior Court seeking to foreclose upon
a residential or commercial mortgage. A creditor shall not include
the state, a political subdivision of the state, or a state, county,
or local government entity, or their agent or assignee, such as the
servicer.
A property shall be deemed "vacant and abandoned" for purposes of Subsections 8-7.9 through 8-7.15 if:
The property is not legally occupied by a mortgagor or tenant;
and
The property cannot be legally reoccupied, because of at least
two of the following conditions:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
[Added 8-19-2014 by Ord.
No. 2014-18; amended 8-16-2022 by Ord. No. 2022-09]
a.
The Township of Southampton shall create and maintain a registry
of all commercial and/or residential properties within the Township
of Southampton's boundary for which a summons and complaint in
an action to foreclose has been filed with the New Jersey Superior
Court, pursuant to its authority granted by P.L. 2021, c. 444. This
registry will be formed and maintained to assist the Township with
regulating the maintenance, security, and upkeep of properties which
may become vacant and abandoned during the foreclosure process, in
order to prevent the deleterious effects of blight associated with
vacant and abandoned properties that are not maintained.
b.
The Township of Southampton may, at its discretion, create, maintain,
and administer this registry independently, retain the professional
services of a third party pursuant to the Local Public Contracts Law,
N.J.S.A. 40A:11-1 et seq., or participate in a shared services agreement
with other local units, counties, and/or county improvement authorities
for the creation, maintenance, and administration of the registry
pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A.
40A:65-1 et seq.
c.
Any third parties retained to create, maintain, and/or administer
the registry shall have the authority, on behalf of the Township of
Southampton, to:
1.
Identify properties subject to the registration requirement;
2.
Maintain and update the registration list;
3.
Communicate with creditors and/or in-state representatives;
4.
Invoice and collect payment of fees;
5.
Monitor compliance; and
6.
Such other functions, within the scope of P.L. 2021, c. 444, which
may be deemed necessary to carry out its function on behalf of the
Township.
d.
Any third parties retained to create, maintain, and/or administer
the registry shall be required to comply with the following reporting
and payment requirements:
1.
Any and all amounts collected by the third party as part of its administration of the Township of Southampton's registry, including registration fees, interest, and penalties, shall be paid, in full, directly to the Township of Southampton, Burlington County and/or the County Improvement Authority, as applicable, not less than once per year, or as otherwise directed by the Township of Southampton Administrator. No fees, payments, expenses, or other deductions shall be made from this payment; payment for any third party's services under Subsections 8-7.9 through 8-7.15 shall be made by the Township of Southampton, or, as applicable, Burlington County or the County Improvement Authority, directly to the third party, under the terms and conditions outlined within the contract for professional services.
2.
Not less than once per year on the first business day of each calendar
year, or as otherwise may be requested by the Tax Collector, any third
party administering the Township of Southampton's registry shall
file with Tax Collector a certification identifying:
e.
The Township Administrator or his/her designee shall serve as the Township of Southampton official responsible for notifying creditors, establishing and maintaining the registry, determining eligibility for designation as a vacant and abandoned property pursuant to Subsections 8-7.9 through 8-7.15, and for imposing fees, penalties, and/or violations. The responsibilities herein may be designated to a third party, pursuant to the terms and conditions of a contract for professional services consistent with P.L. 2021, c. 444.
[Added 8-19-2014 by Ord.
No. 2014-18; amended 8-16-2022 by Ord. No. 2022-09]
a.
Within 30 days of the effective date of this subsection, any creditor
who has initiated a summons and complaint with the New Jersey Superior
Court in an action to foreclose on a commercial and/or residential
mortgage for a property located within the Township of Southampton:
i) prior to the effective date of this subsection, and ii) which is
pending as of the effective date of this subsection, shall provide
notice in accordance with Subsection 8-7.13b.
b.
Notice.
1.
Within 10 days of filing a summons and complaint with the New Jersey
Superior Court in an action to foreclose on a commercial and/or residential
mortgage for a property located within the Township of Southampton,
the creditor shall notify the office of the Township Clerk, or his/her
designee, of the action. Such notice shall include:
(a)
The address, block, and lot of the subject property;
(b)
The date the summons and complaint in an action to foreclose
on a mortgage was filed against the subject property, the court in
which it was filed, and the docket number of the filing;
(c)
Whether the property is vacant and abandoned in accordance with the definition in Subsection 8-7.11, Definitions;
(d)
The full name, address, and telephone number for the representative
of the creditor who is responsible for receiving notice of complaints
of property maintenance and code violations;
(e)
The full name, address, and telephone number of any person or
entity retained by the creditor or a representative of the creditor
to be responsible for any care, maintenance, security, or upkeep of
the property; and
(f)
If the creditor is out-of-state, the full name, address, and
telephone number of an in-state representative or agent who shall
be responsible for any care, maintenance, security, or upkeep of the
property, and for receiving notice complaints of property maintenance
and code violations.
2.
The notice requirements herein represent a continuing obligation
throughout the pendency of the foreclosure action. After initial notice
to the Township, creditors subject to the notice requirement shall
update the Township of Southampton's property registration program
within 10 days of any change in the information contained in the original
or any subsequent notices.
c.
Creditors of any commercial and/or residential mortgage required
to notify the Township pursuant to this subsection shall:
1.
Register the property with the Township of Southampton's property
registration program as a property in foreclosure, within 30 days
of notifying the Township; and
3.
Update the property registration within 10 days of any change in
the information contained in the original notice to the Township;
and
4.
If an out-of-state creditor, appoint an in-state representative or
agent to act for the foreclosing creditor, whose contact information
shall be contained within the initial notice to the Township; and
5.
Within 10 days of the property becoming vacant and abandoned at any
time during the pendency of the foreclosure action, the creditor shall:
(a)
Assume responsibility for the care, maintenance, upkeep, and
security of the exterior of the property;
(b)
Secure the property against unauthorized entry;
(c)
Post a sign on the inside of the property, visible to the public,
containing the name, address, and telephone number of the creditor,
or an out-of-state creditor's in-state representative or agent,
for the purpose of receiving service of process;
(d)
Acquire and maintain a vacancy insurance policy which covers
any damage to any person or any property caused by any physical condition
of the property while registered with the Township of Southampton's
property registration program;
(e)
Provide proof, within 10 days of receiving a request by the
Township of Southampton or its designee, that the above conditions
have been satisfied;
(f)
Cure any violations of the above requirements within 30 days
of receiving a notice of violation, or, if deemed to present an imminent
threat to public health and safety, within 10 days of receiving such
notice.
d.
If at any time the creditor is deemed to be in violation of the above requirements, and/or if the property is deemed to be in violation of any other applicable local or state maintenance, health, or safety codes, the Code Official or his/her designee shall notify the creditor using the contact information provided in the property registry established by Subsections 8-7.9 through 8-7.15.
[Added 8-19-2014 by Ord.
No. 2014-18; amended 8-16-2022 by Ord. No. 2022-09]
b.
Creditors required to notify the Township of Southampton and register
a property as one in foreclosure shall be required to pay the following
annual registration fee, per property, due at the time of registration:
$250.
c.
If a property registered with the Township of Southampton's
registration program as a property in foreclosure is vacant and abandoned
at the time of registration, or becomes vacant and abandoned at any
time during the pendency of the foreclosure proceeding, the creditor
shall pay an additional annual registration fee, per property, due
at the time the determination that the property is vacant and abandoned
is made, of: $2,000.
d.
Violations.
1.
An out-of-state creditor subject to the notice and registration requirements of Subsections 8-7.9 through 8-7.15, found to be in violation of the requirement to appoint an in-state representative or agent, shall be subject to a fine of $2,500 for each day of the violation. The violation shall be deemed to commence on the day after the creditor's initial ten- or thirty-day requirement to notify the Township of applicable foreclosure actions.
2.
A creditor subject to the notice and registration requirements of Subsections 8-7.9 through 8-7.15, found to be in violation of any part of Subsections 8-7.9 through 8-7.15 (with the exception of a violation pursuant to Subsection 8-7.14d1), shall be subject to a fine of $1,500 for each day of the violation. The violation shall be deemed to commence on the 31st day following the creditor's receipt of a notice of violation, or, if deemed to present an imminent threat to public health and safety, on the 11th day following the creditor's receipt of such notice.
e.
If Township of Southampton expends public funds in order to abate a nuisance or correct a violation on a commercial property in situations in which the creditor was given notice pursuant to Subsections 8-7.9 through 8-7.15, but failed to abate the nuisance or correct the violation as directed, the Township shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to the recourse provided under N.J.S.A. 55:19-100 et seq.
The fines and penalties established within Subsections 8-7.9 through 8-7.15 shall be considered cumulative, and not superseding, as a remedy available to the Township of Southampton in addition to those which may also apply under any other applicable Township of Southampton ordinance, or other applicable local, county, or state law or regulation.
[1]
Editor's Note: This ordinance also repealed former Subsection
8-7.16, Enforcement and violations, added 8-19-2014 by Ord. No. 2014-18.
This section implements the provisions of P.L. 1991, c.92 to
require installation of at least one smoke detector on each level
of one- and two-family homes when a change of occupancy occurs. The
building inspector shall have responsibility to enforce the provisions
of this section.
A structure used or intended for use for residential purposes
by not more than two households shall have a smoke-sensitive alarm
device, also known as a smoke detector, on each level of the structure
and outside each separate sleeping area in the immediate vicinity
of the bedrooms and located on or near the ceiling in accordance with
National Fire Protection Association Standard No. 74-1984 for the
installation, maintenance and use of household fire warning equipment.
The installation of battery-operated smoke- sensitive alarm devices
shall be accepted as meeting the requirements of this section, provided,
however, that all smoke-sensitive devices installed pursuant to this
section must be tested and listed by a product certification agency
recognized by the Bureau of Fire Safety of the State of New Jersey.
Whenever there is a change of occupancy of any building subject
to the requirements of this section, no owner shall sell, lease or
otherwise permit occupancy for residential purposes of that building
without first obtaining from the township building inspector a certificate
evidencing compliance with the requirements of this section.
A fee of $50 shall be paid to the office of the township building
inspector to offset the cost of inspection and certification required
by this section. If a reinspection is required an additional fee of
$25 will be charged per inspection. Said fees shall be in addition
to any other fees required by other ordinances in connection with
inspections and certifications by any other local, County or State
agency.
An owner who sells, leases, rents or otherwise permits to be
occupied for residential purposes any premises subject to the provisions
of this section without complying with the inspection and certification
requirements hereof shall be subject to a fine not more than $500
which may be collected and enforced by the building inspector's office
by summary proceedings pursuant to the Penalty Enforcement Law, N.J.S.A.
2A:58-1, et seq.
a.
No insurance company authorized to issue fire insurance policies
in the State of New Jersey which issues or renews any fire insurance
policy after the adoption of this section and the filing of the same
with State Commissioner of Insurance, shall pay to any claimant a
sum in excess of $2,500 for fire damage on any real property located
within the Township of Southampton until such time as:
1.
All taxes and assessments and other municipal liens and charges due
and payable to the Township of Southampton as is indicated on an official
Certificate of Search for Municipal Liens, shall have been paid in
full; or
2.
The municipality submits to the insurance company a copy of a resolution
adopted pursuant to N.J.S.A. 17:36-11.
b.
However, if an appeal is taken on the amount of any lien or charge,
other than an appeal on the assessed valuation of real property, the
insurance company shall issue a draft payable to the court of record,
pursuant to N.J.S.A. 17:36-10, in an amount totaling 75% of the full
amount of the lien or charge being contested and the insurance company
shall issue a draft payable to the Township of Southampton for the
remaining 25% of the lien or charge being contested: provided, however,
that the amount paid by the insurance company to the court and the
municipality shall not exceed the proceeds payable under its insurance
policy.
The provisions of this section are intended to be interpreted
in conjunction with N.J.S.A. 17:36-13, and the provisions of said
statutes are herein incorporated by reference.
[Added 10-18-2022 by Ord.
No. 2022-12]
This section implements the provisions of P.L. 2022, c. 92,
requiring business owners, owners of rental units, and owners of owner-occupied
multifamily units to maintain certain liability insurance minimums,
and requiring the creation of a municipal business insurance registry.
[Added 10-18-2022 by Ord.
No. 2022-12[1]]
a.
Except as provided in Subsection 8-10.2b, business owners or owners
of rental units located in the Township of Southampton must maintain
liability insurance for negligent acts and omissions, at a policy
minimum of $500,000 for combined property damage and bodily injury
to or death of one of more persons in any one accident or occurrence.
b.
Owners of multifamily dwellings located in the Township of Southampton,
with four or fewer units, of which one unit is owner-occupied, must
maintain liability insurance for negligent acts and omissions, at
a policy minimum of $300,000 for combined property damage and bodily
injury to or death of one of more persons in any one accident or occurrence.
[Added 10-18-2022 by Ord.
No. 2022-12]
a.
Owners subject to the minimum liability insurance requirements provided in this section must annually register a certificate of insurance issued by the owner's insurance company to demonstrate compliance with Subsection 8-10.2.
b.
To complete annual registration, the owner must file following documents
with the Township Clerk or the Clerk's designee:
1.
A valid certificate of insurance supplied by the insurance company
that issued the policy;
2.
Business name, if applicable;
3.
Name of business owner or property owner;
4.
Address of business or property;
5.
Date of issuance and expiration of insurance policy;
6.
Contact information for business or property owner; and
7.
Administrative fee of $20.
[Added 10-18-2022 by Ord.
No. 2022-12]
Upon satisfaction of the registration requirements in Subsection 8-10.3, the Township Clerk shall issue a certificate of registration to the owner. This certificate of registration shall act as proof of compliance with this section. A certificate of registration shall be valid for one calendar year from the date of issuance.
[Added 10-18-2022 by Ord.
No. 2022-12]
If an owner fails to maintain the required level of insurance
or fails to file annual registration, the Township may impose a fine
against the owner of not less than $500 but no more than $5,000 by
way of summary proceeding pursuant to N.J.S.A. 2A:58-10.
