[1]
Editor's Note: Former Section 18-1, Housing-Property Maintenance Code (Ord. #9-19-72), was superseded by Ord. #78-9. For regulations concerning the removal of snow and ice, see Chapter 3, Police Regulations, Section 3-24. For removal of brush, weed and debris, see Chapter 35, Health Regulations, Section 35-7.
[1974 Code § 13A-20; Ord. #78-9 § 1;
Ord. #99-03; Ord. #99-04; Ord. #05-47; Ord. #07-24; Ord. #09-38; amended 4-16-2019 by Ord. No. 19-46]
A certain document, three copies of which are on file in the
Office of the Municipal Clerk, being marked and designated as the
"2018 International Property Maintenance Code," be and is hereby adopted
as the 2018 International Property Maintenance Code for the Township
of Woodbridge, State of New Jersey, for the control of buildings and
structures as herein provided; and each and all of the regulations
of the 2018 International Property Maintenance Code or its successors
as amended, revised or redesignated from time to time are hereby referred
to, adopted and made a part hereof as if fully set out in this section.
[1974 Code § 13A-22; Ord. #78-9 § 3]
Nothing in this chapter or in the Housing Code hereby adopted shall be construed to affect any suit or proceeding impending in any court or any rights acquitted or liability incurred or any cause or causes of action required or existing under any act or ordinance hereby repealed as cited in subsection 18-1.2 of this section, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
[1974 Code § 12-61; Ord. #88-43; Ord. #10-62]
a.
Storage of Household Solid Waste. It shall be unlawful for any residential
property owner to store or permit storage of any bulky household waste,
including household appliances, furniture and mattresses, in areas
zoned residential, except in a fully enclosed structure or during
days designated for the collection of bulky items.
b.
Storage of Tires. It shall be unlawful for any residential property
owner to store or permit the storage of tires in areas zoned residential,
except in a fully enclosed structure or on days designated for the
collection of tires.
c.
Inoperable Vehicles. It shall be unlawful for any person to keep
or permit the keeping on streets, vacant lots and residential lawns
except in a fully enclosed structure, any motor vehicle, trailer or
semitrailer:
d.
Construction Sites. It shall be unlawful for any owner, agent or
contractor in charge of a construction or demolition site to permit
the accumulation of litter before, during or after completion of any
construction or demolition project. It shall be the duty of the owner,
agent or contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or nonflyable debris or trash at areas
convenient to construction areas and to maintain and empty the receptacles
in such a manner and with such a frequency as to prevent spillage
of refuse.
e.
Laundry. It shall be unlawful for any residential property owner
to store or hang clothing, bedding, towels or other laundry, to dry
on fences or railings on any residential property.
[1974 Code § 12-62]
a.
Notice to Remove. The Director of Public Works or his duly designated
agent, or the Director of Health and Welfare or his duly designated
agent, or the Health Officer of the Township is authorized and empowered
to notify the owner of any open or vacant private property or the
tenant or agent of such owner to dispose properly of litter located
on such owner's property which is dangerous to public health, safety
or welfare. Notice shall be by registered or certified mail, return
receipt requested, addressed to the owner or his agent or tenant at
his last known address, or served personally upon the owner, tenant
or agent.
b.
Action upon Noncompliance. Upon the failure, neglect or refusal of
any owner, tenant or agent so notified to dispose properly of the
said litter within ten (10) days after receipt of written notice specified
in paragraph a of this subsection, or within ten (10) days after the
date of such notice in the event that it is returned to the Township
by the Post Office Department because of inability to make delivery
thereof, provided that the notice was properly addressed to the last
known address of the owner, tenant or agent, the Director of Public
Works or his duly designated agent, or the Director of Health and
Welfare or his duly designated agent, is authorized and empowered
to pay for disposing of such litter or to order its disposal by the
Township.
c.
Charge Included in Tax Bill. When the Township has effected the removal
of dangerous litter or has paid for its removal, the actual cost thereof
shall, unless paid by the owner prior thereto, be charged to the owner
of the property on the next regular tax bill forwarded to the owner
by the Township. The charge shall be due and payable by the owner
at the time set for payment of the tax bill.
d.
Recorded Statement Constitutes Lien. Where the full amount due the
Township is not paid by the owner within thirty (30) days after the
disposal of such litter, as specified in paragraphs a and b of this
subsection, then, and in that case, the Director of Public Works or
his duly designated agent, or the Director of Health and Welfare or
his duly designated agent, shall cause to be recorded in the Township
Clerk's office a sworn statement showing the cost and expense incurred
for the work, the date the work was done and the location of the property
on which the work was done. The recordation of such sworn statement
shall constitute a lien on the property, and shall remain in full
force and effect for the amount due in principal and interest, plus
costs of court, if any, for collection, until final payment has been
made. Said costs and expenses shall be collected in the manner fixed
by law for the collection of taxes and shall be subject to a delinquent
penalty at the same rate as in the case of taxes in the event they
are not paid in full on or before the date the tax bill upon which
the charge appears becomes delinquent. Sworn statements recorded in
accordance with the provisions hereof shall be prima facie evidence
that all legal formalities have been complied with and that the work
has been done properly and satisfactorily and shall be full notice
to every person concerned that the amount of the statement, plus interest,
constitutes a charge against the property designated or described
in the statement and that the same is due and collectible as provided
by law.
[Ord. #06-12; amended 4-21-2020 by Ord. No. 20-26]
a.
Roof leaders
and sump pumps may not be extended above or below the ground beyond
the limits of the setback lines, either on a temporary or permanent
basis, unless the water is being directed out to, and flows out to,
the curbline within the limits of the lot frontage. The water may
also be directed to an existing surface water body or to an existing
Township drainage easement on the property, with written permission
from the Township Engineer.
b.
A sump
pump must discharge through permanent, rigid piping and shall be connected
underground to the nearest catch basin at the property owner's cost.
The sump pump discharge shall be located no less than 10 feet from
the building unless the Township Engineer determines in advance in
a particular case that compliance with this requirement is not practicable
and for this reason approves, in writing, an alternative location.
c.
A sump
pump shall not discharge water, either directly or indirectly: (1)
into the sanitary sewer system; (2) onto any public right-of-way (sidewalk
or roads), unless approved in advance and in writing by the Township
Engineer; or (3) into the municipal separate stormwater sewer system,
unless also approved in advance and in writing by the Township Engineer.
In connection with any such advance approvals, the Township Engineer
may require that water be routed to a seepage pit with only the overflow
discharging to the public right-of-way or municipal separate stormwater
sewer system.
d.
The Housing
.Division of the Department of Planning and Development shall be the
enforcing agency for this subsection.
[1974 Code § 12-63; Ord. #84-49 § 1;
Ord. #88-35; New]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5A, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
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Part I
Title; Policy; Purposes; Definitions
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[1974 Code § 13A-24]
This section shall be known as "Nonresidential Property Maintenance
Code of the Township of Woodbridge" and may be referred to in this
section as "this Code."
[1974 Code § 13A-25]
a.
It is hereby found and declared that there are located within the
Township buildings used for commercial, industrial or storage purposes
which have become or are becoming substandard with respect to structure,
equipment, maintenance, occupancy, sanitation or use. It is further
declared that such conditions, which include, but are not limited
to, lack of maintenance of exterior or interior of premises, faulty
design, construction or installations, lack of proper sanitary facilities,
fire or accident hazards, unsanitary conditions, infestation or overcrowding,
have made these buildings either unfit for occupancy or use or so
deteriorated, dilapidated, dangerous, unsanitary, neglected or over-occupied
as to jeopardize or to be detrimental to the health, morals, safety
or welfare of the people of the Township.
b.
It is further found and declared that among other reasons, because
of lack of maintenance and progressive deterioration, certain properties
have become blighted and have had the further effect of causing blighting
conditions within the Township that have necessitated an excessive
and disproportionate expenditure of public funds for health, fire
protection, public safety, welfare and other public services. However,
it is further found and declared that through appropriate regulations
and restrictions as herein contained, the growth of blight and blighting
conditions can be curbed or prevented and neighborhood and property
values thereby maintained, the appearance and amenities of properties
and neighborhoods can be enhanced, and the public health, safety and
welfare protected and fostered.
[1974 Code § 13A-26]
The purposes of this Code are to: protect the public health,
safety, morals and welfare and to eliminate and to prevent the spread
of property and neighborhood deterioration and blight by establishing
minimum standards governing the maintenance, appearance, condition
and occupancy of commercial, industrial and storage premises; establish
minimum standards governing utilities and facilities and physical
components and conditions in such commercial, industrial and storage
buildings essential to make the same fit for occupancy or use; fix
certain responsibilities and duties upon owners and operators and
distinct and separate responsibilities and duties upon occupants;
authorize and establish procedures for the inspection of premises;
and for the general administration and enforcement of this Code to:
provide for the vacation or repair or demolition of premises unfit
for occupancy or use; provide for the right of access across adjoining
premises to permit repairs; and, fix penalties for violations of this
Code.
This Code is hereby declared to be remedial and essential for
the public interest and it is intended that this Code be liberally
construed to effectuate the purposes as stated herein.
[1974 Code § 13A-27; Ord. #11-3-76 § 1;
Ord. #79-4; Ord. #82-24]
As used in this section:
Shall mean any notice or advertisement, pictorial or otherwise,
used as an outdoor display not related to a use on the lot regardless
of its size or dimension.
Shall mean an unpaved area lying between the edge of pavement
and property lines or fences intended to be utilized for landscaping
and/or vehicular overhang.
Shall mean a combination of materials to form a construction
adapted to permanent or continuous occupancy or use for public, institutional,
residence, business or storage purposes.
Shall mean all uses involved in the (retail or wholesale)
sales, service or handling of goods of any nature. In addition thereto,
apartment complexes consisting of ten (10) or more units shall be
considered commercial uses and thereby governed by this section. In
addition thereto, public mausoleums shall be considered commercial
uses and thereby governed by this section.
Shall mean the condition 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
wear.
Shall mean an arrangement of goods or products for sale and/or
a structure used to support same.
Shall mean those areas used to gain ingress and egress onto
and from a nonresidential use from one (1) or more adjacent public
rights-of-way.
Shall mean 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 the event
of ignition, either persons or property; or, the obstruction to or
of all means of ingress and egress.
Shall mean those areas surrounding any pump island to a minimum
distance of ten (10) feet.
Shall mean those areas used for the interior movement of
motor vehicles, including loading and unloading areas, but excluding
automobile, truck, trailer and heavy equipment parking areas.
Shall mean all uses involved in the manufacture, processing
or packaging of products of any nature.
Shall mean any waste, broken or used materials, machinery,
parts of products which are not necessary to the operation of a use
or which have been obviously discarded by the owner or operator of
the business.
Shall mean a building or premises used to dispense fuel,
oil, tires, batteries and also used for minor servicing and repair,
greasing, polishing and washing. Washing shall be undertaken without
the use of a chain conveyor or blower or other mechanical device.
Shall mean:
Any common nuisance known as common law or inequity 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, on the premises of a
building or upon an unoccupied lot. This includes, but is not limited
to: abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, boats, 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.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Insufficient ventilation or illumination in violation of this
Code.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this Code.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this Code.
Fire hazards.
Shall mean the orderly accumulation of materials, machines
or products incidental to the operation of a use on a continuing basis,
either necessary in providing services or awaiting transfer for utilization
elsewhere, but not junk material as defined above.
Shall mean those areas used exclusively for the parking and/or
storage of automobiles.
Shall mean those areas used exclusively for the parking and
storage of truck tractors, liquid and dry cargo truck trailers and
construction equipment, including but not limited to tractors, scrapers,
rollers, graders, bulldozers and cranes.
Shall mean an area used for the purpose of dispensing fuel,
oil, water, etc., to motor vehicles, including pumps, canopies, motor
vehicle aisles and accessory structures contained thereon.
Shall mean a building or premises, not a service station,
used for major servicing and repair of motor vehicles, including but
not limited to body work, replacement of parts, spray painting and
welding.
Shall mean a construction of materials designed to prevent
the area or objects being concealed from being in the view of the
general public from adjacent properties and public rights-of-way.
Shall mean any device, structure or object, including painted
wall signs, for visual communication that is used for the purpose
of advertising the property or establishment upon which the display
is exhibited, but not including any flag of any public or religious
group.
Shall mean all uses involved exclusively in the on-site retention
of vehicles and/or goods of all types.
Shall mean a combination of any materials, whether fixed
or portable, forming a construction, including buildings.
Shall mean any condition on a site which obstructs driver
vision when entering the traveled way, or any accessways which by
virtue of design, number or location prevent free flow of vehicles
leaving the traveled way or hazard from conflict between ingress or
egress.
Shall mean a terminal utilized for pickup and delivery of
special bulk materials, liquid or otherwise, characterized by an assembly
point or office for dispatching vehicles to various industries where
bulk commodities are picked up and delivered to distribution points.
Shall mean a terminal consisting of any assembly point and
parking area for vans or trailers which are dispatched for private
or commercial moving, on rental or hire basis over a short period
term.
Shall mean distribution of bulk dry goods and assembly point
of commodities which enter and leave the community via common carrier
trucking lines.
Shall mean a use of a building or land, lawful at the time
of enactment of this Code, that does not conform to the permitted
use provisions of this Code for the zone in which it is located.
Shall mean a building, land or part thereof utilized for
purposes of renting or leasing motor vehicles, trailers, car-roof
storage compartments or the like and utilized for the storage of the
above items when not in operation.
Shall mean a coin-operated machine used to dispense containerized
products.
Shall mean the yard extending across the entire width of
the lot between the front lot line and the nearest point at which
the principal building would be permitted according to the Zoning
Ordinance.
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The foregoing words and terms shall include the plural of the
words and shall be applied retroactively as well as prospectively.
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Part II
Applicability Standards
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[1974 Code § 13A-28]
a.
Every building and premises in the Township that is used or intended
to be used for uses covered by this Code shall comply with the provisions
of this Code, whether or not such building shall have been constructed,
altered or repaired before or after the adoption of this Code (August
7, 1973) and irrespective of any permit or license which shall have
been issued for the use or occupancy of the building or premises,
for the construction or repair of the building or for the installation
or repair of equipment or facilities prior to the effective date of
this Code (August 7, 1973).
b.
This Code establishes minimum standards for the initial and continued occupancy and use of all such buildings, and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained herein except as provided in subsection 18-2.8. Where there is mixed occupancy, the residential and/or nonresidential uses herein also shall be regulated by and subject to the provisions of this Code.
[1974 Code § 13A-29]
It is the intention of this Code to permit the continuance of
a legally nonconforming principal use but to require the repair of
that use and the repair or removal of accessory buildings, uses, structures,
and practices not permitted by this Code.
[1974 Code § 13A-30]
a.
All violations of this Code shall be abated within ten (10) days
after notification by the Construction Official that a violation exists.
Nothing in this section prohibits the Construction Official for good
cause from extending the time for repair or removal of major violations
for a period up to six (6) months.
b.
When a nonconforming principal or accessory building, structure or
use is discontinued by an apparent act of failure to act on the part
of the tenant or owner to reinstate such use within a period of one
(1) year from the date of cessation or discontinuance, the use shall
be considered abandoned and the premises shall not thereafter be used
except in conformance with the Zoning Ordinance and this Code.
c.
Any nonconforming building, structure or use which has been or may
be damaged by fire, flood, explosion, earthquake, war, riot, act of
God or act of any governmental authority, may be reconstructed and
used as before if it is done within twelve (12) months of such calamity,
provided that the restored building covers no greater area or has
no greater cubic content.
[1974 Code § 13A-31]
In any case where the provisions of this Code impose a higher
standard than set forth in any other ordinance of the Township or
under the laws of the State of New Jersey, then the standards set
forth herein shall prevail; but if the provisions of this Code impose
a lower standard than any other ordinance of the Township or of the
laws of the State of New Jersey, then the higher standard contained
in any other such ordinance or law shall prevail.
[1974 Code § 13A-32]
No license or permit or other certification of compliance with
this Code shall constitute a defense against any other violation of
any other local ordinance applicable to any structure or premises,
nor shall any provision herein relieve any owner, operator, or occupant
from complying with any such other provision, nor any official of
the Township from enforcing any such other provision.
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Part III
Property Maintenance Requirements
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[1974 Code § 13A-33]
All exterior walls, roofs and surfaces shall be clean, painted
if material used requires, impervious to water, and kept in good repair
in accordance with the standards set forth in the current Building
Officials and Code Administrators International, Inc., Property Maintenance
(BOCA) Code.
[1974 Code § 13A-34]
The exterior of the premises 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 hazards which include, but are not limited
to the following:
a.
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash and debris.
b.
Natural Growth. Dead and dying trees and limbs or other vegetation
which, by reason of rotting or deteriorating conditions or storm damage,
constitute a hazard to persons in the vicinity thereof. Trees shall
be kept pruned and trimmed to prevent such conditions.
c.
Overhangings. 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.
d.
Ground Surface Hazards. Holes, excavations, breaks, projections,
obstructions, icy conditions, uncleared snow or paths, walks, driveways,
parking lots and parking areas, and other parts of the premises and
adjacent public rights-of-way, used for access to the premises, must
be repaired or cleared.
e.
Recurring Stormwater Accumulations. Adequate runoff drains shall
be provided and maintained to eliminate any recurrent or excessive
accumulation of stormwater.
f.
Unsanitary Conditions. Animal droppings and sources of infestation
from rodents or other vermin shall be eliminated in accordance with
local health requirements.
[1974 Code § 13A-35]
An enclosed area shall be provided for the temporary storage
of trash and other refuse. All garbage type refuse shall be in tightly
covered containers. The enclosed area shall be paved with a durable
surface and screened by a solid architectural fence at least six (6)
feet in height. It shall be the responsibility of the owners or operators
of all applicable uses to provide for the removal, on a regular basis,
of all trash or junk material so that an accumulation of excess material
does not occur as determined by the Township.
[1974 Code § 13A-36]
Outside storage areas are not permitted in front yard areas
as defined by the Zoning Ordinance. Outside storage areas located
in other yards shall be enclosed by a screening device of durable
material at least six (6) feet in height which effectively blocks
the visibility of materials being stored. Storage areas shall be paved
with a durable material such as macadam. Materials stored in such
areas shall be orderly to the extent possible, and trash or junk materials,
as defined, shall be disposed of on a regular basis. Outside storage
which occupies more than fifty (50%) percent of a lot shall be considered
the principal use.
All storage areas shall have all materials and vehicles arranged
to permit easy access for fire-fighting purposes. Adequate space shall
be provided around buildings for maintenance purposes. Fire exits,
protective devices and equipment shall be kept clear in accordance
with the applicable fire provisions of all other Codes.
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Part IV
Performance Standards
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[1974 Code § 13A-37; Ord. #82-24; Ord. #10-26]
All paving shall conform to the following minimum standards:
a.
Commercial Uses.
1.
Entranceways and High Traffic Areas: eight (8) inches (Type 5, Class
A, quarry process stone) plus two (2) inches bituminous concrete wearing
surface.
2.
Parking Areas (automobile): four (4) inches (Type 5, Class A, quarry
process stone) plus two (2) inches bituminous concrete wearing surface.
3.
Fueling Areas: eight (8) inches reinforced concrete [three thousand
five hundred (3,500) pounds per square inch, three (3%) percent to
seven (7%) percent air-entrained].
4.
Buffer Areas. In no case will paving be installed to comply with
this Code be permitted within five (5) feet of the side or rear property
lines. The edge of pavement abutting all such buffer areas shall be
protected by a permanently anchored concrete or timber wheel stop.
b.
Industrial and Storage Uses.
1.
Entranceways to a minimum distance of thirty (30) feet from the public
right-of-way: five (5) inches bituminous concrete stabilized base
plus two (2) inches bituminous concrete wearing surface.
2.
High Traffic Areas: eight (8) inches (Type 5, Class A, quarry process
stone) plus two (2) inches bituminous concrete wearing surface.
3.
Fueling Areas: eight (8) inches reinforced concrete [three thousand
five hundred (3,500) pounds per square inch, three (3%) percent to
seven (7%) percent air-entrained].
4.
Parking Areas (automobile): four (4) inches (Type 5, Class A, quarry
process stone) plus two (2) inches bituminous concrete wearing surface.
5.
Parking Areas (truck, trailer and heavy equipment). All areas must
be covered with a sufficient quantity of Type 5, Class A, quarry process
stone to keep the area in a neat and presentable condition.
6.
Buffer Areas. In no case will paving installed to comply with this
Code be constructed to permit vehicular overhang to be closer than
three (3) feet from any fence or property line. The edge of pavement
abutting all such buffer areas shall be protected by a permanently
anchored concrete or timber wheel stop.
c.
Private Storm Drain Inlet Retrofitting.
1.
Purpose. In any parking areas on private property, existing storm
drain inlets which are in direct contact with repaving, repairing,
reconstruction, or resurfacing or alterations of the facilities shall
be retrofit in order to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system operated by the Township
of Woodbridge so as to protect public health, safety and welfare.
2.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORM DRAIN INLET
WATERS OF THE STATE
Definitions. For the purpose of this Subsection c, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Subsection c clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Township of Woodbridge or other public body, and
is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
3.
Prohibited Conduct. No person in control of private property (except
a residential lot with one (1) single-family house) shall authorize
the repaving, repairing (excluding the repair of individual potholes),
resurfacing (including top coating or chip sealing with asphalt emulsion
or a thin base of hot bitumen), reconstructing or altering any surface
that is in direct contact with an existing storm drain inlet on that
property unless the storm drain inlet either:
4.
Design Standard. Storm drain inlets identified in paragraph 3 above
shall comply with the following standards to control passage of solid
and floatable materials through storm drain inlets. For purposes of
this subsection, "solid and floatable materials" means sediment, debris,
trash, and other floating, suspended, or settleable solids. For exemptions
to this standard see paragraph 4(c) below.
(a)
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines (April
1966); or
(2)
A different grate, if each individual clear space in that grate
has an area of no more than seven (7.0) square inches, or is no greater
than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
(b)
Whenever design engineers use a curb-opening inlet, the clear
space in that curb opening (or each individual clear space, if the
curb opening has two (2) or more clear spaces) shall have an area
of no more than seven (7.0) square inches, or be no greater than two
(2.0) inches across the smallest dimension.
(c)
This standard does not apply:
(1)
Where the Municipal Engineer agrees that this standard would
cause inadequate hydraulic performance that could not practicably
be overcome by using additional or large storm drain inlets that meet
these standards;
(2)
Where flows are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(3)
Where flows are conveyed through a trash rack that has parallel
bars with one (1) inch spacing between the bars; or
(4)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[1974 Code § 13A-38]
a.
Motor Vehicle Service Stations and Repair Garages. Overnight parking
for more than six (6) automobiles shall not be permitted on the premises.
No more than one (1) truck, incidental to the operation of the use,
or one (1) tractor-trailer requiring repair, shall be permitted overnight
parking. Inoperable or wrecked vehicles may be parked overnight, provided
that they are not parked in any of the front yard areas and located
in screened storage areas as defined in this Code.
b.
Truck Terminals. Overnight parking of vehicles is permitted in an
orderly manner, on a paved surface, and also provided that it shall
not occur in the front yard areas as defined in the Zoning Ordinance.
c.
Other Permitted Uses. Inoperable or wrecked vehicles shall not be
parked overnight.
[1974 Code § 13A-39; Ord. #82-24]
a.
Automobile, Truck and Utility Trailer Sales or Rental Uses in Nonindustrial
Zones. Uses established in accordance with the requirements of the
Zoning Ordinance shall conform to the following standards:
1.
No vehicles shall be stored in front yard, as defined by the Zoning
Ordinance.
2.
All vehicles shall be located so that they do not interfere with
the internal traffic pattern of the site, thereby creating a potential
vehicular or pedestrian hazard.
3.
No more than ten (10%) percent of the lot area shall be utilized
for the storage of such vehicles.
b.
Vending Machines. Vending machines are permitted in accordance with
the following standards:
1.
No more than one (1) vending machine shall be permitted unless located
within a building.
2.
No vending machine shall be placed in the front yard area, as defined
by the Zoning Ordinance.
3.
Vending machines shall be located so as not to conflict with the
internal traffic pattern of the site, thereby creating potential vehicular
and/or pedestrian hazards.
4.
Where vending machines are located outside buildings, they must be
enclosed on three (3) sides by a permanent masonry structure subject
to the approval of the Building Inspector.
5.
Each vending machine dispensing items consumable on the site shall
be provided with a refuse container.
c.
Telephone Booths. Telephone booths are permitted in accordance with
the following standards:
[1974 Code § 13A-40; Ord. #84-45; Ord. #84-49 § 1;
Ord. #11-44; Ord. #2015-02]
a.
1.
No permanent
sign shall be permitted on any property unless it has been approved
and complies with the Township's Municipal Land Use Ordinance, or
are authorized by the Township's Planning Board, Zoning Board of Adjustment
or Redevelopment Agency.
2.
Permitted or legally nonconforming signs in existence as of the effective
date of this subsection (adopted June 28, 2011 by Ordinance No. 11-44)
shall be permitted to remain provided:
b.
The following signs whether permanent or temporary are prohibited:
1.
Fence signs;
2.
Roof signs;
3.
Game signs;
4.
Window signs exceeding ten (10%) percent of the window area, excluding
price signs on gasoline pumps;
5.
Flags, pennants, banners, streamers or similar devices designed to
distract the attention of drivers;
6.
Signs which interfere with access or driver sight distance while
entering or leaving an applicable premises or adjacent street, which
are within a public right-of-way, or within five (5) feet of the public
right-of-way.
7.
Signs advertising goods or services not being performed on the property
while the sign is in place, unless specifically approved by the Township's
Planning Board or Zoning Board of Adjustment.
c.
Temporary Signs.
1.
Temporary signs, posters, notices, or other papers or devices, whether
hand or professionally made, including but not limited to political,
job or price advertising, may not be posted or affixed to any lamppost,
telephone pole, device, public or private structure, or placed in,
on or around any public right-of-way or abandoned property, unless
specifically authorized or permitted by law.
2.
No sign advertising the provider of repetitive continuing services
nor work which is generally completed within a day, e.g. landscaping,
lawn cutting, routine maintenance services, shall be permitted.
3.
Signs advertising the services performed on the property where the
sign is located, and for which a permit has been obtained for the
project being performed in accordance with applicable municipal ordinances,
shall be permitted but must be removed on the earlier of (i) seven
(7) days after completion of the project or (ii) thirty (30) days
from the date the project commences.
4.
No temporary sign shall be placed, erected, constructed or otherwise
located within the public right-of-way.
d.
1.
The
Township shall immediately remove without notice, any and all signs,
posters, notices or other devices placed in the Township in violation
of this section.
2.
The Township shall establish temporary sign violation hotlines and
encourage residents to report violations of this section.
3.
No person shall be fined or punished for removing a sign, poster,
notice or device placed in a public right-of-way, or upon any lamppost,
telephone pole or public device which violates this section.
e.
Outdoor Displays. Outdoor displays are permitted in accordance with
the following standards:
1.
All displays shall be arranged in an orderly manner and completely
enclosed on all sides when not in use.
2.
All displays shall be located so as not to interfere with the vehicular
pattern on the site.
3.
All displays shall conform to the setback, height and bulk requirements
for necessary buildings as required in the Municipal Land Use Ordinances
or as approved by the Township's Planning Board or Zoning Board of
Adjustment.
4.
All displays shall be maintained in a neat and clean manner as required
to meeting the intent of this Code.
5.
Contractors' signs may be placed on a job site upon the actual commencement
of the job, must be removed within seven (7) days of the completion
of the job, except that nothing herein shall be permitted to allow
a contractor sign to remain on the job's site for longer than thirty
(30) days from the start of the job, or to permit a contractor sign
for continuous or repetitive services.
f.
Violations and Penalties.
1.
Any person or persons found to be in violation of this subsection 18-2.17 shall be liable for penalties set forth in Chapter 1, Section 1-5. In addition, the Court may impose upon a person or entity found guilty of a violation of this subsection the reasonable cost incurred by the Township in removing any sign, poster, banner or other device.
[Ord. #98-22; amended 9-19-2023 by Ord. No. 2023-61]
a.
Standards. All security gates and/or doors that are affixed to outside
walls of commercial buildings that front on or are visible from a
public street or roadway, shall be prohibited. Permits shall be submitted
to the building department as necessary.
b.
Exemptions.
1.
Security gates that are in existence on the effective date of this
subsection shall be exempt from the requirements of this section.
Any and all security gates and/or doors that are in existence at the
time of the effective date of this section shall be permitted to remain
provided that they remain open between the hours of 10:00 a.m. and
4:00 p.m. Eastern Standard Time (1,000 — 1,600), Monday through
Friday, but not including legal holidays.
[Adopted 9-19-2023 by Ord. No. 2023-61]
2.
Gates and doors of loading docks shall be exempt from the requirements
of this section.
3.
Grill-style security gates that are at least 70% transparent shall
be exempt from the requirements of this section. Any exemption pursuant
to this paragraph b3 must be submitted for approval to the Township
Zoning Officer.
4.
Security gates that are affixed to the inside walls of commercial
buildings shall be exempt from the requirements of this section.
[1974 Code § 13A-41; Ord. #07-53 § 1]
All required landscaping shall be maintained. Lawns shall be
regularly trimmed and shall not exceed a height of six (6) inches
and all landscaped areas kept free of weeds, rubbish and debris. Planted
materials which have been damaged, or fail to survive, shall be replaced
as required. Buffer areas which have not grown to meet the intent
of the Zoning Ordinance shall also be replaced where necessary.
[1974 Code § 13A-42]
Lighting shall be maintained so as to be nonglaring and reflect
light away from adjacent properties. Broken fixtures, inoperable stanchions,
etc. shall be repaired or replaced. Lights and fixtures shall be kept
clean and painted as required, and in good repair.
[1974 Code § 13A-43]
All uses shall conform to Federal, State and local air pollution
standards as enforced by local and area wide agencies.
[1974 Code § 13A-44]
No liquid or industrial waste shall be discharged into any watercourse
in the Township. Waste treatment facilities, as required, must be
approved by permit from the State Department of Environmental Protection.
[1974 Code § 13A-44]
All sound levels shall conform to the appropriate State regulations
as enforced by the local Division of Health.
[1974 Code § 13A-46]
All uses shall conform to the requirements of the State Department
of Health with respect to the excess heat generation of a specific
process or activity.
|
Part V
Administration and Enforcement
|
[1974 Code § 13A-47; Ord. #9-17-74 § 1]
The Director of Planning and Development shall be considered
the enforcing officer of the provisions of the Code.
[1974 Code § 13A-48; Ord. #9-17-74 § 1;
Ord. #96-60 § 1; Ord. #99-10 § 1]
a.
The Director of Planning and Development shall serve written notice
of violation on the person or persons responsible for the erection,
construction, alteration, repair, maintenance, use and occupancy of
any premises in violation of the provisions of this Code. Violators
shall be allowed ten (10) days to abate said conditions before further
action is taken unless, in the opinion of the Director of Planning
and Development, special reasons or conditions have been demonstrated
to allow for an extension of this time period.
b.
The ten (10) day period set forth in paragraph a shall not apply
to repeat violators of this Code. Said repeat violators shall be subject
to immediate action by the Enforcement Officer and may immediately
be issued a summons for a violation of this Code. For the purposes
of this Code, repeat violator(s) shall mean a person or persons who
has previously been served with a notice of violation within the last
two (2) years for a substantially similar violation of this Code pertaining
to the same property.
[1974 Code § 13A-49; Ord. #9-17-74 § 1]
Within ten (10) days of notification of violation of this Code
or within the extended time period as permitted by the Director of
Planning and Development, an owner or operator may appeal for relief
from the provisions of this Code to the Board of Adjustment. Said
appeal shall be acted upon within forty-five (45) days of the date
of appeal and if action is not taken during that time period or during
an extension of that period, as agreed to between the Director of
Planning and Development and the owner or operator, the relief shall
be considered granted.
[1974 Code § 13A-50; Ord. #9-17-74 § 1]
In the event that a nuisance or hazardous condition exists which,
in the opinion of the Director of Planning and Development, places
an individual on or near the site in jeopardy of life, limb or health,
that condition shall be immediately rectified by the owner or operator.
If said immediate action is not taken, the Director of Planning and
Development shall cause said action to be taken. The expense for the
remedial action shall be borne by the owner or operator.
[1974 Code § 13A-51; Ord. #96-70 § 2;
Ord. #07-53 § 2]
Any person who shall violate any of the provisions of this Code or shall fail to comply with any of the requirements hereof or who shall maintain, erect, construct, alter or repair a building or premises in violation of this Code shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to any other penalty set forth herein, in the event of a violation of section 18-2.18, the Township shall be permitted to correct the violation with any charge to be added to the owner's tax bill: (i) in the event of a first violation after ten (10) days notice as provided in subsection 18-2.25a or (ii) in the event of a repeat violation, as defined in subsection 18-2.25b, twenty-four (24) hours after the issuance of a second or subsequent violation within a two (2) year period.
[Ord. #95-114 Preamble]
The abandonment and filling of excavation sites including in-ground
swimming pools, decorative pools, reflecting pools and artificial
ponds with all having a depth of two (2) feet or greater, has become
desirable by pool owners in view of the time and expense involved
in their maintenance.
The unregulated abandonment and filling such pools and ponds
may be injurious to the public health, safety and general welfare
of the citizens of Woodbridge Township.
It is in the best interests of the citizens of the Township
that an acceptable method for abandonment of such pools and ponds
and the proper filling of the same be established.
[Ord. #95-114 § 2]
No excavation site including in-ground swimming pools, decorative
pools, reflecting pools and artificial ponds, all having a depth of
two (2) feet or greater, within the Township shall be abandoned and
filled unless a proposed method of abandonment and filling, which
meets with reasonable accepted engineering standards, is first approved
by the Township Engineer. Application forms for abandonment and filling
of the pools and ponds shall be made through the Code Enforcement
Agency of the Township. The applicant shall pay a nonrefundable review
fee of twenty ($20.00) dollars and shall submit the same with the
application. Approval of the application shall be subject to any State
or Federal law, statute, rule, code or regulation.
[Ord. #96-33 § 1]
Shall, for the purposes of this section, mean a building,
or group of buildings, containing one hundred fifty (150) or more
rental dwelling units.
Shall mean the person or persons holding legal title to any
real property on which there has been constructed a multifamily residential
apartment complex.
Shall mean any designated parking area servicing a multifamily
residential apartment complex.
Shall mean a building or portion of any building designed,
arranged or used, on a rental basis, for permanent living quarters
for one (1) or more persons living as a single housekeeping unit with
cooking and bathroom facilities but not including hotels or other
buildings for transient quarters.
Shall mean a paved, concrete or flagstone walk intended for
use by pedestrians which services a multifamily residential apartment
complex.
[Ord. #96-33 § 1]
a.
It shall be the duty of the owner of any real property on which there
has been constructed a multifamily residential apartment complex to
remove, or cause to be removed, all snow and ice from the parking
lot area which services the multifamily residential apartment complex
within sixteen (16) hours of daylight after the snow has ceased to
fall. In the case of ice which is impracticable to remove, the ice
on said parking lots shall be covered with sand or salt within sixteen
(16) hours after such ice shall have been formed thereon.
b.
It shall further be the duty of the owner of any real property on which there has been constructed a multifamily residential apartment complex to remove, or cause to be removed, all snow and ice from the sidewalks which service the multifamily residential apartment complex within sixteen (16) hours of daylight after the snow has ceased to fall. In the case of ice which is impracticable to remove, the ice on said sidewalks shall be covered with sand or salt within sixteen (16) hours after such ice shall have been formed thereon. The removal of snow and ice from sidewalks abutting public streets, however, shall continue to be governed by Section 3-23 of the Township Code.
[Ord. #96-33 § 1]
The Police Department and/or the Housing Bureau of the Department
of Planning and Development of the Township shall be charged with
the enforcement of the provisions of this section and shall cause
prosecutions for violations hereof to be instituted before the Judge
of the Municipal Court with all reasonable dispatch.
[Ord. #96-33 § 1]
Any owner who shall violate any of the provisions of this ordinance
shall be punished by a fine of up to one thousand ($1,000.00) dollars
for each and every day that the owner shall be deemed to be in violation
hereof. Each day shall constitute a separate and distinct violation
hereof.
[Ord. #96-96 § 1; Ord. #00-13 § 1]
Shall mean the Director of Planning and Development of the
Township of Woodbridge or his/her designee.
Shall mean any structure intended for residential or commercial
use which has not been occupied or in use for a period of three (3)
months or more. This definition shall not include the following:
Any structure which is unoccupied because of a current alteration
being performed in accordance with a plan which has been approved
by the Township Construction Official;
Any structure which is a principal residence that is utilized
by the owner for a period of six (6) months or less per year;
Any structure which is a vacation home or seasonal residence;
Dormitories which are not normally in use during a portion of
the calendar year.
[Ord. #96-96 § 2]
All owners of vacant buildings shall comply with the applicable
provisions of the New Jersey Uniform Fire Code, N.J.A.C. 5:18-2, et
seq., as supplemented by the Fire Prevention Code of the Township
of Woodbridge, and the following additional standards for fire safety:
a.
No vacant building shall contain any space utilized for the storage
of flammable liquids.
b.
No room within any vacant building shall be used for storage of debris,
junk, rubbish or wastes, furniture or building materials not intended
to be used in the existing building.
c.
The early detection and containment of fire being a valid municipal
concern, the boarding up of doors and windows shall not be permitted
except with the permission of the Construction Official in emergency
situations. When doors and windows are boarded up, they shall be covered
with no less than one-half-inch exterior plywood or equivalent and
be painted the same color as the body of the structure or no less
than one-fourth-inch clear polycarbonate. In no case shall the boarding
up of doors and windows be permitted for a period in excess of six
months. Should an owner find it necessary to board up doors and windows
in excess of six months, an application seeking permission to do so
must be made before the expiration of the six-month period to the
Code Enforcement Agency of the Township of Woodbridge. At the time
of the application all circumstances shall be set forth supporting
the owner's request for an extension of the time in which the vacant
building may remain boarded up.
[Amended 5-7-2019 by Ord. No. 19-64]
d.
Windows of any vacant commercial building that are within twenty
(20) feet of the ground or which are easily accessible, may be secured
with security screens, bars, and/or grills and the security screens,
bars, and/or grills on open windows shall include quick-release mechanisms
all of which shall be subject to the approval of the Fire Subcode
Official of the Township of Woodbridge prior to installation.
e.
Within
90 days of boarding up a door or window, plywood is no longer a permissible
boarding and such door or window shall be boarded by no less than
one-fourth-inch clear polycarbonate.
[Added 5-7-2019 by Ord. No. 19-64]
[Ord. #96-96 § 3]
All vacant buildings shall comply with the following minimum
standards for safe and sanitary maintenance:
a.
Every foundation, exterior wall and exterior roof shall be: weather
tight, watertight and rodent proof; kept in sound condition and good
repair; and, be safe to use and capable of supporting the load which
normal use may cause to be placed thereon.
b.
Every yard area (front, side and/or rear) shall be properly graded
so as to prevent the accumulation of stagnant water.
c.
Every structure shall have all utilities, including but not limited
to gas, electric, water and sewer turned off and/or disconnected with
sewer service to be sealed at the tap of said property.
d.
The exterior of the structure and the condition of accessory structures
shall be maintained so that the appearance of the entire premises,
including any and all structures and buildings thereon, shall reflect
a level of maintenance in keeping with the standards of the neighborhood,
and such that the appearance of the premises and structures shall
not create a blighting effect on the immediate neighborhood nor an
element leading to the progressive deterioration and degradation of
the neighborhood resulting in the diminution of property values in
the area.
[Ord. #96-96 § 4]
All owners of vacant buildings shall be required to comply with
the following standards:
a.
Any yard area (front, side and/or rear) or parking lot adjacent to
a vacant building shall be cleared and maintained free of trash, solid
debris, or any other materials that cause litter.
b.
Grass, weeds, or vegetation shall not be permitted to grow or remain
on the side, front and/or rear yards of any vacant building so as
to exceed a height of six (6) inches.
c.
Vacant buildings, including any yard area (front, side and/or rear)
of such buildings, shall not be utilized for storage of any materials
whether solid or liquid.
d.
When a vacant building is found to be infested with rats, termites,
roaches and/or other insects and vermin, the owner shall undertake
an expedient means of extermination of such nuisances. Such extermination
shall be certified by an approved exterminator.
e.
All doors and/or lids on appliances, furniture utilized for storage,
or on heating furnaces, shall be locked in order to deny entry to
individuals where the potential for physical harm or death may result
should said door close to prevent the individual's escape.
[Ord. #96-96 § 5]
The standards and requirements of this section shall apply as
long as any dwelling, building and/or commercial structure remains
vacant. Upon occupancy, the other appropriate sections of this chapter
shall prevail along with other State and local codes and regulations.
[Ord. #96-96 § 6]
The owner of any commercial structure determined to be vacant
as defined herein, that contains a storefront, display window, and/or
any area intended to exhibit or display merchandise or conduct advertising,
shall place a display or a visual medium, such as mannequins, potted
plants or some form of decorative display, which will not, by its
appearance, create a blighting effect on the immediate neighborhood.
The following methods of obstructing windows and/or storefronts are
prohibited: the placement of newspaper or other types of newsprint
on windows and/or storefronts; the painting, soaping or hazing of
windows and/or storefronts; the Boarding and/or placement of cardboard
or other similar material in windows and/or storefronts. The aforementioned
list is not intended to be exhaustive but rather illustrative as to
those types of conditions which are specifically prohibited under
this section.
[Ord. #96-96 § 7; Ord. #99-10 § 1]
a.
The Director of Planning and Development shall serve written notice
of violation on an owner for any violation of the provisions of this
section. Violators shall be allowed ten (10) days to abate said conditions
before further action is taken unless, in the opinion of the Director
of Planning and Development, special reasons or conditions have been
demonstrated to allow for an extension of this time period.
b.
The ten (10) day period set forth in paragraph a shall not apply
to repeat violators of this section. Said repeat violators shall be
subject to immediate action by the Enforcement Officer and may immediately
be issued a summons for a violation of this section. For the purposes
of this section, repeat violator(s) shall mean a person or persons
who have previously been served with a notice of violation within
the last two (2) years for a substantially similar violation of this
section pertaining to the same property.
[Ord. #96-96 § 8]
Any person, firm, or corporation who shall violate any provisions
of this section shall be subject to a fine not to exceed five hundred
($500.00) dollars for the first offense and not to exceed one thousand
($1,000.00) dollars for a second or subsequent offense, or imprisonment
for a term not to exceed ninety (90) days, or both, at the discretion
of the court. Each day that a violation continues after due notice
has been served, in accordance with the terms and provisions hereof,
shall be deemed a separate offense.
[1]
Editor's Note: See also Section 2-66, Fire Insurance Claims.
[Ord. #00-07 § 1]
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 same with
the State Commissioner of Insurance, shall pay to any claimant a sum
in excess of two thousand five hundred ($2,500.00) dollars for fire
damage on any real property located within the Township of Woodbridge
until such time as:
1.
Anticipated demolition costs and all taxes and assessments and all
other municipal liens and charges due and payable to the Township
as is indicated on an official certificate of search for municipal
liens, shall have been paid in full, either by the owner of such real
property or by the insurance company; or
2.
The Township submits to the insurance company a copy of a resolution
adopted pursuant to N.J.S.A. 17:36-11 authorizing an agreement between
the Township and the property owner for the payment in full of all
delinquent taxes, assessments or other municipal liens by installment
payments.
b.
If an appeal is taken on the amount of any lien or charge, other
than an appeal on the assessed valuation of real property pursuant
to N.J.S.A. 54:3-21, the insurance company shall issue a draft payable
to the court of record, to be held by the court in an interest-bearing
escrow account in a State or Federally chartered bank, savings bank
or savings and loan association in the State, in an amount totaling
seventy-five (75%) percent of the full amount of the lien or charge
being contested, but not to exceed the proceeds payable under its
insurance policy, and the insurance company shall issue a draft payable
to the Township for the remaining twenty-five (25%) percent of the
lien or charge being contested, with the full amount paid by the insurance
company to the court and the Township not to exceed the proceeds payable
under the insurance policy, pending termination of all proceedings,
at which time such monies and all interest accruing thereon, at a
rate paid on interest-bearing accounts in the State or Federally chartered
banks, savings banks or savings and loan associations in the State
shall be disbursed in accordance with the final order or judgment
of the court.
[Ord. #02-41]
It is hereby found and declared that the existence or occupation
of any building or buildings, or parts thereof, in this Township which
are so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation, or occupancy,
or use, are inimical to the welfare of the residents of this Township
and that a public necessity exists for the repair, closing or demolition
of such building or buildings, or parts thereof.
[Ord. #02-41]
Whenever the Township finds that there exists within its boundaries
any building or buildings, or parts thereof, which are unfit for human
habitation or occupancy, or use, due to dilapidation, defects increasing
the hazards of fire, accidents or other calamities, lack of ventilation,
light or sanitation facilities, or due to other conditions rendering
such building or buildings, or part thereof, unsafe or unsanitary,
or dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the residents of this Township, the Township shall
exercise its police powers to repair, close or demolish, or cause
or require the repairing, closing or demolition of such building or
buildings, or parts thereof, in the manner herein provided.
[Ord. #02-41]
Any building or buildings, or parts thereof, located within
the boundaries of this Township, which have been damaged to such an
extent that nothing remains but the walls, or parts of the walls and
other supports, shall, regardless of the safety and sturdiness of
those remaining walls or parts thereof, be deemed inimical to the
welfare of the residents of this Township, and the Township may exercise
its police powers to repair, demolish, or cause the repairing or demolishing
of the building or buildings, or parts thereof, pursuant to this section
and the procedures set forth within.
[Ord. #02-41]
The following terms whenever used or referred to in this section
shall have the following respective meanings for the purposes of this
section, unless a different meaning clearly appears from the context.
b.
PUBLIC AUTHORITY — Shall mean any housing authority or any
officer who is in charge of any department or branch of the government
of the Township, Middlesex County or State of New Jersey relating
to health, fire, building regulations, or to other activities concerning
buildings in the municipality.
c.
OWNER — Shall mean the holder or holders of the title in fee
simple.
d.
PARTIES IN INTEREST — Shall mean all individuals, associations
and corporations who have interests of record in a building and any
who are in actual possession thereof.
e.
BUILDING — Shall mean any building, or structure, or part thereof,
whether used for human habitation or otherwise, and includes any outhouses,
and appurtenances belonging thereto and usually enjoyed therewith.
f.
HE or HIS — Shall mean he or she or his or hers, respectively.
[Ord. #02-41]
The position of Commissioner of Building Safety is hereby created
by this section and shall be held by the duly appointed Business Administrator
of the Township. The Commissioner shall have the following powers
and duties.
a.
Administer oaths and affirmations, examine witnesses and receive
evidence;
b.
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;
c.
Issue orders based on the discovery of facts during investigations
and hearings compelling owners to repair unsafe conditions or demolish
unsafe buildings;
d.
Serve owners and interested parties with complaints and orders;
e.
Appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of the ordinances;
f.
Delegate any of his functions and powers under the ordinance to such
officers and agents as he may designate.
Any action taken using revenues derived from the local property
tax shall be taken pursuant to the provisions of the "Local Public
Contracts Law," N.J.S.A. 40A:11-1 et seq., unless the action is necessary
to prevent imminent danger to life, limb or property.
[Ord. #02-41]
a.
Whenever a petition is filed with the Commissioner by a public authority
or by at least five (5) residents of the Township charging that any
building is unfit for human habitation or occupancy or use or whenever
it appears to the Commissioner (on his own motion) that any building
is unfit for human habitation or occupancy or use, the Commissioner
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 building a complaint stating the charges in that
respect and containing a notice that a hearing will be held before
the Commissioner (or his designated agent) at a place therein fixed
not less than seven (7) days nor more than thirty (30) days after
the serving of said complaint; that the owner and parties in interest
shall be given the right to file an answer to the complaint and to
appear in person, or otherwise, and give testimony at the place and
time fixed in the complaint; and that the rules of evidence prevailing
in the courts shall not be controlling in hearings before the Commissioner.
b.
That if, after such notice and hearing, the Commissioner 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:
1.
Requiring the repair, alteration or improvement of the said 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 said building vacated and closed within the time set forth
in the order; and
2.
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 said building within a reasonable time as specified
in the said order of removal.
c.
That, 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 Commissioner may cause such building to be repaired,
altered or improved, or to be vacated and closed; that the Commissioner
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."
d.
That, if the owner fails to comply with an order to remove or demolish
the building, the public officer 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.
e.
That the amount of:
1.
The cost of the 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 municipality; and
2.
Such cost of such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or the amount of the
balance thereof remaining after deduction of the sum, if any, realized
from the sale of materials derived from such building or from any
contract for removal or demolition thereof, shall be a municipal lien
against any real property upon which such cost was incurred. If the
building is removed or demolished by the Commissioner, he shall sell
the materials of such building. There shall be credited against the
cost of the removal or demolition thereof, including the clearance
and, if necessary, leveling of the site, 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 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 mail. If the total of the credits exceeds
such costs, the balance remaining shall be deposited in the Superior
Court by the Commissioner, shall be secured in such manner as may
be directed by such court, and shall be disbursed according to the
order or judgment of the court to the persons found to be entitled
thereto by final order or judgment of such court. Any owner or party
in interest may, within thirty (30) days from the date of the filing
of the lien certificate, proceed in a summary manner in the Superior
Court to contest the reasonableness of the amount or the accuracy
of the costs set forth in the municipal tax lien certificate.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire damaged or other structurally unsafe building,
the Commissioner may, after taking such measures as may be necessary
to make such building temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
Nothing in this section shall be construed to impair or limit
in any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor is anything in this section intended to limit the authority
of the enforcing agency or Construction Official under the State Uniform
Construction Code Act, P.L. 1975, c. 217, N.J.S.A. 52:27D-119 et seq.,
or any rules or regulations adopted thereunder.
[Ord. #02-41]
The Commissioner 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 the Township.
Such conditions shall be deemed to 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; uncleanliness; failure to comply with the building
code or the certificate of occupancy.
[Ord. #02-41]
Complaints or orders issued by the Commissioner pursuant to
this section shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the Commissioner in the exercise
of reasonable diligence, and the Commissioner 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 in the newspaper designated
by the Municipal Council for official notices. 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
for Middlesex County.
[Ord. #02-41]
Any person aggrieved by an order issued by the Commissioner
under this section may, within thirty (30) days after the posting
and service of such order, bring an action in the Superior Court for
injunctive relief to restrain the Commissioner from carrying out the
provisions 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 Commissioner shall be entitled to recover any damages
for action taken pursuant thereto, or because of noncompliance by
any person with any order of the Commissioner.
[Ord. #02-41]
The Administration shall as soon as possible prepare an estimate
of the annual expenses or costs to provide the equipment, personnel
and supplies necessary for periodic examinations and investigations
of the buildings in the Township for the purpose of determining the
fitness of such buildings for human habitation or occupancy or use,
and for the enforcement and administration of this section; and the
Township is authorized to make such appropriations from its revenues
as it may deem necessary for this purpose and may accept and apply
grants or donations to assist it in carrying out the provisions of
this section.
[Ord. #02-41]
Nothing in this section shall be construed to abrogate or impair
the powers of the courts or of any department of the Township to enforce
any provisions of its charter, ordinances or regulations, nor to prevent
or punish violations thereof; and the powers conferred by this section
shall be in addition and supplemental to the powers conferred by any
other law.
[Ord. #02-41]
Notwithstanding any other evidence of legislative intent, it
is hereby declared to be the controlling legislative intent that if
any provision of this section, or the application thereof to any person
or circumstances is held invalid, the remainder of the act and the
application of such provision to persons or circumstances other than
those to which it is held invalid, shall not be affected thereby.
[Ord. #2015-03]
The Township of Woodbridge, by resolution of its governing body,
may abate a nuisance, correct a defect, or put any building or property
into proper condition so as to comply with the requirements of any
municipal ordinance or State law applicable thereto, at the cost of
the owner or lessor, and expend municipal funds for such purpose and
charge the same against the premises, and the amount thereof as determined
by the governing body of the municipality shall be a municipal lien
against the premises.
[Ord. # 04-51]
It is hereby found and declared that abandoned properties create
a wide range of problems when allowed to exist in this Township, fostering
criminal activity, creating public health problems and otherwise diminishing
the quality of life for residents and business operators in those
areas. Abandoned properties diminish the property values of neighboring
properties and have a negative effect on the quality of life of adjacent
property owners, increasing the risk of property damage through arson
and vandalism and discouraging neighborhood stability and revitalization.
For these reasons, abandoned properties are presumptively considered
to be nuisances, in view of their negative effects on nearby properties
and the residents or users of those properties.
[Ord. # 04-51; Ord. #12-17; Ord. #2015-56; Ord. #2016-16]
a.
The Public Officer shall be designated by the Mayor, in accordance
with N.J.S.A. 55:19-80.
b.
The Public Officer is hereby directed to identify abandoned property
for the purpose of creating an "abandoned property list" throughout
the Township. Each item of abandoned property so identified shall
include the tax block and lot number, the name and address of the
owner of record, if known, the street address of the lot and the basis
for a determination that the property is abandoned.
[Ord. # 04-51; Ord. #12-17]
c.
The Public Officer shall have the right to exercise the authority
granted to the Township pursuant to Section 13 of P.L. 2003, c. 210,
to designate qualified rehabilitation entities to act as the designee
of the Township with respect to the provisions of that section.
[Ord. # 04-51; Ord. #12-17]
Any property that has not been legally occupied for a continuous
period of six (6) months leading up to the properties proposed inclusion
on the abandoned property list and which meets any of the following
additional criteria may be deemed to be abandoned property upon a
determination by the Public Officer that:
a.
The property is in need of rehabilitation in the reasonable judgment
of the Public Officer, and no rehabilitation has taken place during
that six (6) month period;
b.
Construction was initiated on the property and was discontinued prior
to completion, leaving the building unsuitable for occupancy, and
no construction has taken place for at least six (6) months prior
to the date of determination by the Public Officer pursuant to this
section;
c.
At least one (1) installment of property taxes remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the Revised Statutes as of the date of a determination by the Public Officer pursuant to this section; or
d.
The property has been determined to be a nuisance by the Public Officer.
[Ord. # 04-51]
A property may be determined to be a nuisance if:
a.
The property has been found to be unfit for human habitation, occupancy
or use;
b.
The condition and vacancy of the property materially increases the
risk of fire to the property and adjacent properties;
c.
The property is subject to unauthorized entry leading to potential
health and safety hazards; the owner has failed to take reasonable
and necessary measures to secure the property; or the Township has
secured the property in order to prevent such hazards after the owner
has failed to do so;
d.
The presence of vermin or the accumulation of debris, uncut vegetation
or physical deterioration of the structure or grounds have created
potential health and safety hazards and the owner has failed to take
reasonable and necessary measures to remove the hazards; or
e.
The dilapidated appearance or other condition of the property materially
affects the welfare, including the economic welfare, of the residents
of the area in close proximity to the property, and the owner has
failed to take reasonable and necessary measures to remedy the conditions.
[Ord. #04-51]
Nothing in this section shall be construed to abrogate or impair
the powers of the courts or any department of the Township to enforce
any provisions of its charter, ordinances or regulations, nor to prevent
or punish violations thereof; and the powers conferred by this section
shall be in addition and supplemental to the powers conferred by any
other law.
[Ord. #2015-56; Ord. #2016-16]
a.
Definitions.
1.
OWNER — Shall include any private title holder, any agent of
a private title holder having authority to act with respect to an
abandoned or vacant property, any foreclosing entity that has filed
a notice with the Municipal Clerk pursuant to the provisions of C.
46:10B-51 (P.L. 2008, c. 127, Sec. 17 as amended by P.L. 200, c. 296),
or any other entity determined by the Public Officer to have authority
to act with respect to the property.
2.
VACANT PROPERTY — Shall mean any building used or to be used
as a residence which is not legally occupied or at which substantially
all lawful construction operations or residential occupancy has ceased,
and which is in such condition that it cannot legally be re-occupied
without repair or rehabilitation; provided however, that any property
that contains all building systems in working order and is being actively
marketed by its owner for sale or rental, shall not be deemed vacant.
Residential properties that meet the aforementioned criteria and are
subject to a summons and complaint in an action for foreclosure shall
be deemed vacant property in accordance with P.L. 2014, c. 35. Property
deemed to be "abandoned property" in accordance with the meaning of
such term in the Abandoned Properties Rehabilitation Act, N.J.S.A.
55:19-78, et seq., shall also be deemed to be vacant property for
the purposes of this section.
b.
General Requirements.
1.
Sixty (60) days after the effective date of this Ordinance (Ord.
No. 2016-16, adopted March 1, 2016) or thirty (30) days after a building
or lot becomes vacant as defined within this subsection, the owner
shall file a registration statement for each such vacant property
with the Public Officer on forms provided by the Public Officer for
such purposes. The registration shall remain valid for one (1) year.
The owner shall be required to renew the registration annually as
long as the building or lot continues to be vacant as defined herein
and shall pay a registration or renewal fee in the amount prescribed
within this subsection.
2.
The owner shall notify the Public Officer within thirty (30) days
of any change in the registration information by filing an amended
registration statement on a form provided by the Public Officer for
such purpose.
3.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Township of Woodbridge against
the owner or owners of the property.
c.
Registration Requirements for Vacant Properties.
1.
The owner of vacant property shall provide the following information
to the Public Officer on the registration form or form(s) prescribed
by the Public Officer:
(a)
Name, address, email address and contact telephone number of
the owner; the owner's address must include a street address; a post
office box is not acceptable;
(b)
Name, address, email address and contact telephone number of
any local agent(s) or representative for the building or lot;
(c)
Name, address, email address and contact telephone number of
the person assigned to the property for the security and maintenance
of the building or lot;
(d)
Common address and Tax Assessor's block and lot designation
of the building or lot;
(e)
The date on which the building became vacant;
(f)
Proof of utility (gas, electric, water) connections or disconnections;
and
(g)
Any other information reasonably required by the Township to
ensure the safety of all persons and to prevent neglect.
2.
Any government entity that owns vacant property will be exempt from
the provisions of this subsection. For purposes of this subsection,
the holder of a FHA mortgage, HUD mortgage, or any other federally
insured mortgage shall not be considered a government entity and shall
not be exempt from the provisions of this subsection. The owner of
any property that is acquired by the owner through the foreclosure
of a FHA mortgage, HUD mortgage or any other federally insured mortgage
shall also not be exempt from the provisions of this subsection.
3.
By designating an authorized agent under the provisions of this subsection,
the owner consents to receive any and all notices of code violations
concerning the registered vacant property and all process in any court
proceeding or administrative enforcement proceeding brought to enforce
code provisions concerning the registered vacant property by service
of the notice of process on the authorized agent. Any owner who has
designated an authorized agent under the provisions of this subsection
shall be deemed to consent to the continuation of the agent's designation
for the purposes of this subsection until the owner notifies the Township
of a change of an authorized agent or until the owner files a new
annual registration statement.
4.
The owner is required to update the form within thirty (30) days
of a change of any information contained within the form.
5.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Township of Woodbridge against
the owner or owners of the vacant property.
6.
The Public Officer may identify abandoned properties through his/her
routine inspection process as well as through notification by residents,
or other community groups that a property may be eligible for inclusion
on the registry. Notice will be served upon, or sent by mail, to the
owner and will be deemed received by the owner, upon personal delivery;
or five (5) days after service by first class mail.
d.
Vacant Property Inspection. After filing a registration statement
or a renewal of a registration statement and upon reasonable notice,
the owner of any vacant property shall provide access to the Township
to conduct an exterior and interior inspection of the building to
determine compliance with the Municipal Code, during the period covered
by the initial registration or any subsequent renewal.
e.
Requirements for Owners of Vacant Properties.
1.
The owner of any vacant property, and any person maintaining, operating
or collecting rent for any such property shall, within thirty (30)
days:
(a)
Enclose and secure the building against unauthorized entry in
accordance with the applicable provisions of the Code of the Township
of Woodbridge and as per the specifications established by the Department
of Housing and Urban Development (HUD) for securing abandoned and/or
vacant properties.
(b)
Post a sign affixed to the building indicating the name, address
and telephone number of the owner, the owner's authorized agent for
the purpose of service of process (if designated pursuant to this
subsection) and the person responsible for day-to-day supervision
and management of the property, if such person is different from the
owner or authorized agent. The sign shall be of a size and placed
in such a location so as to be visible from the nearest public street
or sidewalk, whichever is nearer, but shall be no smaller than 8"
× 10" and shall state "WARNING: THIS BUILDING IS SECURED PURSUANT
TO CHAPTER 18 OF THE TOWNSHIP OF WOODBRIDGE REVISED GENERAL ORDINANCES.
ANYONE ENTERING THIS BUILDING WITHOUT AUTHORIZATION WILL BE SUBJECT
TO ARREST"; and
(c)
Secure the building from unauthorized entry and maintain the
sign until the building is again legally occupied or demolished or
until repair or rehabilitation of the property is complete.
2.
The owner of any vacant property and any person maintaining such
a property shall within sixty (60) days:
(a)
Register the vacant property of which they are in possession.
(b)
Ensure that all bushes and trees are trimmed and that they do
not interfere with neighboring properties.
(c)
Ensure that grass does not exceed eight (8) inches in height
and that all grass clippings are removed from the lot when the grass
is cut.
(d)
Lots must be clear of all garbage, litter and debris. Vacant
properties must be clear of all vehicles: cars, boats, campers, etc.
(e)
All sidewalks bordering vacant properties must be maintained
and be cleared of snow, ice, tripping hazards, obstructions, garbage,
litter and debris.
(f)
The owner or owner's agent shall perform regular weekly inspections
of the vacant property to ensure compliance with the requirements
of this subsection.
3.
If the owner of the vacant property fails to comply with any provisions
of this subsection, the Township shall take the necessary steps to
bring the property into compliance with this subsection. All costs
incurred by the Township in connection with its efforts to bring the
property into compliance shall be forwarded to the Tax Collector for
inclusion as a municipal lien on the property.
f.
Fees. The initial registration fee for each vacant property shall
be five hundred ($500.00) dollars. The fee for subsequent renewals
shall be one thousand ($1,000.00) dollars. The renewal fee for the
annual registration shall be due on the yearly anniversary of the
initial registration. The registration fee will not be prorated or
refunded.
g.
Violations and Penalties.
1.
Any owner who is not in full compliance with this subsection or who
otherwise violates any provision of this subsection or of the rules
and regulations issued hereunder shall be subject to a fine of not
less than $250 and not more than $1,000 for each offense. Every day
that a violation continues shall constitute a separate and distinct
offense. Fines assessed under this subsection shall be recoverable
from the owner and shall be a lien on the property.
2.
For purposes of this subsection, failure to file a registration statement
in time, failure to provide correct information on the registration
statement, and/or failure to comply with any other provisions of this
subsection shall be deemed to be a violation hereunder.
[Ord. #13-45]
The purpose of this section is to protect and promote the public
health through the control of the growth of bamboo.
[Ord. #13-45]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean all native and non-native variations of the plant
commonly known as bamboo. These plants may damage trees, vegetation,
or structures.
Shall mean the Chief Housing Inspector of the Township or
his designee.
[Ord. #13-45]
All places and premises in the Township of Woodbridge shall
be subject to inspection by the enforcing officer. Such inspections
shall be performed by such person, persons or agency duly authorized
and appointed by the Township of Woodbridge. Such inspection shall
be made if that official has reason to believe that any subsection
of this section is being violated.
[Ord. #13-45]
a.
Whenever bamboo as defined by this section is found planted in the
ground on any plot of land, lot or any other premises or place, a
notice of violation shall be given to the owner and any tenant in
possession of the property, in writing, to remove or abate the same
within such time as shall be specified herein. Bamboo whose root system
is entirely contained within a pot or other container shall not constitute
a violation.
b.
The cost of the abatement shall be borne by the property owner and/or
any tenant in possession of the property.
c.
If the owner and/or tenant fails to comply with such notice within
the time specified therein, a summons shall be issued to the property
owner and/or tenant. Furthermore, the enforcing officer may remove
or otherwise control the bamboo and the Township may thereafter recover
the costs incurred in connection with said removal. Should owner or
tenant, within thirty (30) days of the demand of the Township fail
to reimburse the Township for all amounts paid by the Township to
abate any violations of this section, said amount shall be forwarded
to the Tax Collector and shall be added to the next applicable tax
bill for the property in question.
