Township of Upper, NJ
Cape May County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinance history: Ord. No. 67; 1972 Code §§ 3-3.1 — 3-3.8.
[Ord. No. 008-2018 § 2]
a. 
The purpose of this section is to ensure public health, safety and welfare insofar as they are affected by the maintenance of structures and premises.
b. 
The intent is to foster the beautification of the Township of Upper through the cleanup and removal of litter, debris, brush, weeds and obnoxious growths. The provisions of this section shall govern the minimum conditions and the responsibilities of persons for maintenance of structures and exterior property.
[Ord. No. 008-2018 § 2]
CODE ENFORCEMENT OFFICER
Shall mean the official who is charged with the administration and enforcement of this Property Maintenance Code, or any duly authorized representative, including but not limited to code enforcement officer, zoning officer, construction official.
CONDEMN
Shall mean to adjudge unfit for occupancy.
DUMPSTER
Shall mean an exterior waste container designed to be mechanically lifted by and emptied into or carted away by a commercial vehicle.
DWELLING
Shall mean any building or structure or part thereof used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
DWELLING UNIT
Shall mean a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
HABITABLE SPACE
Shall mean a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
HEAVY DUTY EQUIPMENT
Shall mean vehicles, designated for executing commercial construction tasks, such as bulldozers, backhoe, excavators, equipment with heavy hydraulics, etc.
INOPERABLE TRAILER
Shall mean a trailer on which the wheels or other parts have been removed, altered or damaged, missing doors or flat tires or allowed to deteriorate to the point where the trailer cannot be trailered on the road, including growth of mold or vegetation on or in the trailer.
INOPERABLE VEHICLE
Shall mean a vehicle on which the engine, wheels or other parts have been removed, altered or damaged or flat tires or allowed to deteriorate to the point where the vehicle cannot be driven, including growth of mold or vegetation on or in the vehicle.
LITTER
Shall mean any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof, including but not limited to any bottle, jar or can or any top, cap or detachable tab of any bottle, jar or can; any unlighted cigarette, cigar, match or any flaming or glowing material; any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste; newspapers or magazines; glass, metal, plastic or paper containers or other packaging; or construction material; but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
Shall mean a container suitable for the depositing of litter.
MOTOR VEHICLE
Shall mean car, truck, motorcycle, boat, jet ski or other motorized means of transportation.
OCCUPANT
Shall mean any person or persons, regardless of age, in actual possession of and living in any room or rooms in a hotel, lodging house, motel, or dwelling unit designed and normally used for sleeping and living purposes, or the right to the use or possession of the furnishings or the services and accommodations accompanying the use and possession of such room, rooms or dwelling unit, regardless of whether such use and possession is as lessee, tenant, guest, invitee or licensee.
OWNER
Shall mean the holder of the title in fee simple.
PARTIES IN INTEREST
Shall mean all individuals, associations and corporations who or which have interests of record in a dwelling and any who or which are in possession thereof.
PUBLIC AUTHORITY
Shall mean any housing authority or any officer who is in charge of any department or branch of the government of the municipality, county or state relating to health, fire or building regulations or to other activities concerning dwellings in the municipality.
TRACTOR TRAILER
Shall mean any semi-trailer (with or without wheels) to be used for the purpose of storing tangible property.
TRAILER
Shall mean any trailer, boat trailer, camper, travel trailer, recreational vehicle, motor home, jet ski trailer, utility trailer or equipment trailer.
[Ord. No. 008-2018 § 2]
a. 
It shall be the duty of the owner, lessee, tenant, occupant and/or person in charge of any structure or property to maintain the property in strict conformance with this section. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements.
b. 
A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section.
c. 
Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
d. 
Exterior walls shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls or occupied spaces of the building. All exterior surface materials, including wood, composite, metal, stucco, vinyl or other materials shall be maintained weatherproof and shall be properly surface coated when required to prevent deterioration.
e. 
The roof shall be structurally sound, tight and not have defects which might admit rain. Roof drainage, gutters and downspouts shall be adequate and in good working order and shall not discharge in a manner that creates a nuisance to owners or occupants of adjacent premises or that creates a public nuisance.
f. 
Every basement hatchway shall be so constructed and maintained as to prevent the entrance of pests, animals, rain and surface drainage water into the structure.
[Ord. No. 008-2018 § 2]
The Code Enforcement Officer or employee charged with the enforcement of this Property Maintenance Code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Enforcement Officer or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code.
[Ord. No. 008-2018 § 2]
a. 
General. The Code Enforcement Officer is hereby authorized and directed to enforce the provisions of this code. The Code Enforcement Officer shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
b. 
Inspections. The Code Enforcement Officer shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Enforcement Officer is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
c. 
Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the Code Enforcement Officer has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the Code Enforcement Officer is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the Code Enforcement Officer shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the Code Enforcement Officer shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Code Enforcement Officer shall have recourse to the remedies provided by law to secure entry.
d. 
Identification. The Code Enforcement Officer shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
e. 
Notices and Orders. The Code Enforcement Officer shall issue all necessary notices or orders to ensure compliance with this code.
f. 
Department Records. The Code Enforcement Officer shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records.
[Ord. No. 008-2018 § 2]
All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health, safety or general welfare of the surrounding property owners, the neighborhood, or the community as a whole.
[Ord. No. 008-2018 § 2]
All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
[Ord. No. 008-2018 § 2]
All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
a. 
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than in a litter receptacle. Every occupant of a structure shall dispose of all litter in a clean and sanitary manner by placing such litter in approved containers.
b. 
No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk, driveway, curb or property.
c. 
It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter, trees, stumps and/or cleaning debris before, during or after completion of any construction or demolition project on the job site or on any vacant lot situate in a residential district.
d. 
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins or litter receptacles on his or her property.
e. 
It shall be unlawful for any person or entity to store or permit storage of any trash, garbage, rubbish, or bulky household waste, including household appliances, furniture and mattresses, except in a fully enclosed structure or during days designated for the collection of bulky items.
f. 
It shall be unlawful for any property owner to store or permit the storage of tires, except in a fully enclosed structure or on days designated for the collection of tires.
g. 
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any debris, glass or any objects have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all debris, glass or any objects and shall pay the cost therefor.
h. 
Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage and recycling in an approved garbage or recycling containers.
i. 
The owner, lessee, tenant, occupant and/or person in charge of any structure or property shall provide a litter and recycling receptacle and service therefor at the following public places:
1. 
Self-service refreshment areas: one litter and recycling receptacle per location.
2. 
Gasoline service station islands: one litter and recycling receptacle per island.
3. 
Shopping centers: minimum of one litter and recycling receptacle per store or unit to be placed at the entrances of stores/units.
4. 
Campgrounds: minimum of one litter and recycling receptacle in each of the following areas: pools, restrooms, laundry facilities, common areas.
5. 
Mobile home parks: minimum of one litter and recycling receptacle in each of the following areas: pools, restrooms, laundry facilities, common areas.
6. 
Marinas, boat moorage and fueling stations, boat-launching areas and public and private piers: minimum of one litter and recycling receptacle in each of the following areas: pools, restrooms, laundry facilities, common areas.
[Ord. No. 008-2018 § 2]
a. 
All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches in height. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided however, this term shall not include cultivated flowers and gardens. This prohibition against such weeds and plant growth shall not apply to undeveloped wooded tracts or fields utilized for farming or residential agriculture. All premises and exterior property shall also be maintained free from brush, dying trees, filth, garbage, trash and debris. Upon failure of the owner or agent having charge of a property to abate a violation within 10 calendar days after notice to remove or destroy same, he or she shall be subject to prosecution in accordance with subsection 11-1.16, including the abatement or removal of the violation by the Township. Each day shall be counted as a separate offense. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds and grass growing thereon, and the costs of such removal plus a 20% administrative fee shall be paid by the owner or agent responsible for the property.
b. 
Each separate twenty-four-hour period during which a violation continues shall be deemed to be a separate and distinct violation of this section.
[Ord. No. 008-2018 § 2]
All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure or container located thereon with the exception of approved retention areas and reservoirs. Such grading and drainage shall not be directed to neighboring properties.
[Ord. No. 008-2018 § 2]
All sidewalks, walkways, stairs, driveways, parking spaces and similar areas abutting the building, structure, or property shall be kept in a proper state of repair, clean, and maintained free from hazardous conditions or nuisances of every kind. Any parking lot that services the public shall be kept free from potholes.
[Ord. No. 008-2018 § 2]
All structures and exterior property (residential and nonresidential) shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and exterminate, and the costs of such action shall be paid by the owner or agent responsible for the property along with a reasonable administrative fee to be determined by the Township.
a. 
The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure.
b. 
The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises.
c. 
The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination.
d. 
The occupant of any structure shall be responsible for the continued rodent- and pest-free condition of the structure.
e. 
Exception. Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and exterminate the pests. The costs of such removal shall be paid by the owner or agent responsible for the property, along with an administrative fee.
[Ord. No. 008-2018 § 2]
All accessory structures, including but not limited to detached garages, fences and walls, shall be maintained structurally sound and in good repair.
[Ord. No. 008-2018 § 2]
a. 
Except as provided for in other regulations, only one unregistered or inoperable motor vehicle, trailer, boat, recreational vehicle, heavy equipment or ATV shall be parked, kept or stored on any exterior premises, and no vehicle or similar apparatus or equipment shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Notwithstanding the foregoing, an owner or occupant shall be permitted to keep up to three unregistered or inoperable motor vehicles, or parts thereof, in the exterior rear yard of a premises provided such motor vehicles are part of an ongoing restoration process, the activity and use complies with Chapters 19 and 20, the motor vehicles are not located within the setback lines of the property, the motor vehicles are screened from view by neighboring properties and there exists no environmental or other hazard associated with such motor vehicles.
b. 
No person, firm or corporation shall park or store any unregistered or inoperable motor vehicle, trailer, boat, jet ski, recreational vehicle, heavy equipment or ATV on any street within the limits of the Upper Township. In addition, no registered trailer that is not attached to a registered motor vehicle shall be parked or stored on any street within the limits of Upper Township.
c. 
Registered, operable motor vehicles, trailers, boats, jet skis, recreational vehicles, ATVs and any other motorized vehicles being stored or kept must be parked in accordance with Chapter 20 of the Revised General Ordinances of the Township of Upper. No portion of the motor vehicle or trailer may encroach upon any public right-of-way, including sidewalks.
d. 
Existing nonconforming parked boats, trailers, and campers are not exempt from the above provisions, as of the effective date of this article.
e. 
Any such recreational vehicle stored in accordance with this section and Chapters 19 and 20 shall not be occupied and shall not have bump outs or awnings extended for occupancy and shall not be provided with utility connections other than water and electric service reasonably required for vehicle use off site and shall not be used for storage or space for the permanent conduct of a business, profession, occupation or trade.
[Ord. No. 008-2018 § 2]
a. 
No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.
b. 
It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
[Ord. No. 008-2018 § 2]
a. 
Unlawful Acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
b. 
Notice of Violation. The Code Enforcement Officer shall serve a notice of violation in writing.
c. 
Prosecution of Violation. Any person failing to comply with a notice of violation or order served in accordance with this section shall be deemed guilty of a local ordinance violation as determined by the local municipality. If the notice of violation is not complied with, the Code Enforcement Officer shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
d. 
Violation Penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by State or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate and distinct offense, subject to additional fines and penalties. Each day any offense shall exist may subject the person to cumulative fines and penalties established by this section without need to file separate complaint.
e. 
Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the enforcement officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises and collect the costs of same as set forth in subsection 11-1.19 below in addition to any other penalty for the violation. If a violation is abated after the prescribed time period allotted by the violation notice, prosecution and penalties may still be implemented and assessed.
[Ord. No. 008-2018 § 2]
a. 
Notice to Person Responsible. Whenever the Code Enforcement Officer determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed to the person responsible for the violation as specified in this code.
b. 
Form. Such notice shall be in accordance with all of the following:
1. 
Be in writing.
2. 
Include a description of the real estate sufficient for identification.
3. 
Include a statement of the violation or violations and why the notice is being issued.
4. 
Include a correction order allowing a reasonable time (or such specific time as set forth elsewhere in this section) to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.
5. 
Include a statement of the right to file a lien in accordance with this chapter.
6. 
Method of Service. Such notice shall be deemed to be properly served if a copy thereof is either:
(a) 
Delivered personally;
(b) 
Sent by certified or first-class mail addressed to the last known address; or
(c) 
If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
7. 
Unauthorized Tampering. Signs, tags or seals posted or affixed by the Code Enforcement Officer shall not be mutilated, destroyed or tampered with, or removed without authorization from the Code Enforcement Officer.
[Ord. No. 008-2018 § 2]
a. 
Any person or entity that shall violate subsection 11-1.9, Grass, Weeds and Debris, shall be subject to a fine as follows:
1. 
First Offense: The violator shall, upon conviction, compensate the Township, as restitution, for all costs incurred in cleaning the premises. A lien shall issue against the premises in this regard until paid. Additionally, the violator shall be fined $150.
2. 
Second Offense: The violator shall, upon conviction, compensate the Township, as restitution, for all costs incurred in cleaning the premises. A lien shall issue against the premises in this regard until paid. Additionally, the violator shall be fined $250.
3. 
Third and All Subsequent Offenses: The violator shall, upon conviction, compensate the Township, as restitution, for all costs incurred in cleaning the premises. A lien shall issue against the premises in this regard until paid. Additionally, the violator shall be fined $500.
b. 
Any person or entity that shall violate any other provision of this Section 11-1 shall, upon conviction, be subject to a fine not to exceed $1,000 per occurrence. Each separate twenty-four-hour period during which a violation continues shall be deemed to be a separate and distinct violation of this section.
[Ord. No. 008-2018 § 2]
a. 
A Code Enforcement Officer shall keep an accurate record of all expenses incurred in causing the abatement or removal and upon completion of the work he shall certify in writing the total costs thereof.
b. 
Upon receipt of any such certification the same shall be examined and if found to be correct, the Governing Body shall declare by the passage of a resolution that the costs be certified to the Tax Collector as a lien against the land in question. Upon receipt by the Tax Collector of any such certification of costs, the same shall be entered upon the Tax Collector's records as a lien against the property and shall become and form a part of the taxes next to be assessed and levied upon the property. Thereafter, if the lien remains unpaid it shall bear interest when it becomes delinquent at the same rate as other delinquent taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. #023-2009, § 1]
The purpose of this section is to provide that properties be required retrofit existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, 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(s) operated by the Township of Upper so as to protect public health, safety and welfare.
[Ord. #023-2009, § 1]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Township of Upper or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
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.
WATERS OF THE STATE
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.
[Ord. #023-2009, § 1]
No person in control of private property (except a residential lot with one 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: (1) Already meets the design standard below to control passage of solid and floatable materials; or (2) Is retrofitted or replaced to meet the standard in subsection 11-2.4 below prior to the completion of the project.
[Ord. #023-2009, § 1]
Storm drain inlets identified in subsection 11-2.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 2.5 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 1996); or
2. 
A different grate, if each individual clear space in that grate has an area of no more than 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 or more clear spaces) shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
[Ord. #023-2009, § 1]
This standard does not apply:
a. 
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
b. 
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:
1. 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
2. 
A bar screen having a bar spacing of 0.5 inch.
c. 
Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars; or
d. 
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.
[Ord. #023-2009, § 1]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine in the minimum amount of $500 and not to exceed $1,000 for each storm drain inlet that is not retrofitted to meet the design standard.
[Ord. #023-2009, § 1]
This section shall be enforceable by any one or more of the following:
a. 
Superintendent of Public Works;
b. 
Supervisor of Roads;
c. 
Recycling Coordinator of the Township of Upper;
d. 
Code Enforcement Official(s) of the Township of Upper;
e. 
Any inspector or other designated agent of the Cape May County Department of Health;
f. 
Any law enforcement officer of the State of New Jersey;
g. 
Sanitation Inspector.
[Ord. #002-2016]
The purpose of this section is to protect and promote the public health through the control of the growth of invasive plant species.
[Ord. #002-2016]
As used in this section, the following terms shall have the meanings indicated:
INVASIVE PLANTS
Shall mean all native and non-native vines and vegetation that grow out of place and are competitive, persistent and pernicious. These plants may damage trees, vegetation, other plant materials, or structures. Examples include but are not limited to running (monopodial) bamboo, clumping (sympodial) bamboo, multiflora rose, kudzu-vine and poison ivy and oak.
[Ord. #002-2016]
No owner, tenant or occupant of a property or person, corporation or other entity, shall plant, install or cause or permit the planting or installation of invasive plants upon any property located within the Township of Upper.
[Ord. #002-2016]
In the event any invasive plants are located upon any property within the Township of Upper prior to the adoption of this section the owner and occupant of said property shall jointly and severally be required to confine such species to prevent the encroachment, spread, invasion or intrusion of same onto any other private or public property or public right-of-way. In lieu of confining the species, the property owner or occupant may elect to totally remove the invasive plants from the property and all affective properties. Failure to properly confine such plants shall require removal as set forth below. The cost of said removal shall be at the invasive plant property owner's expense. This duty to confine shall not apply if the property owner and/or occupant can establish to the satisfaction of the Code Enforcement Officer that the invasive plant which is on his or her property at the time of the adoption of this section originated on another property.[1]
[1]
Editor's Note: Ordinance No. 002-2016, codified herein was adopted March 7, 2016.
[Ord. #002-2016]
In the event invasive plants are present on the date of adoption of this section and a complaint is received by the Township regarding an encroachment of any invasive plant, and the Code Enforcement Officer of the Township, after observation and/or inspection, determines that there is an encroachment or invasion on any adjoining/neighboring private or public property or public right-of-way (hereinafter "the affected property"), the Township shall serve notice to the invasive plant property owner in writing that the invasive plant has invaded other private or public property(s) or public right-of-way(s) and demand the removal of the invasive plant from the affected property and demand approved confinement against future encroachment or, in the alternative, the total removal from the property owner's property. Notice shall be provided to the invasive plant property owner, as well as to the owner of the affected property, by certified, return receipt requested mail and regular mail. Within 45 days of receipt of such notice, the invasive plant property owner shall submit to the Code Enforcement Officer of the Township, with a copy to the owner of the affected property, a plan for the removal of the invasive plant from the affected property, which plan shall include restoration of the affected property after removal. Within 120 days of receipt of the Code Enforcement Officer's approval of the plan of removal and restoration, the removal and restoration shall be completed to the satisfaction of the Code Enforcement Officer.
[Ord. #002-2016]
a. 
Whenever an invasive plant as defined by this section is found on any plot of land, lot or any other premises or place in violation of this section, or if existing upon adoption of this section, but is found to have spread beyond the boundaries of a property and the invasive plant property owner does not complete removal in accordance with this section, the invasive plant property owner shall upon conviction, be subject to the penalties stated in Chapter 1, Section 1-5 of this Code. In addition, the Administrative Officer may request and the Municipal Court may grant, a specific performance remedy.
b. 
Nothing herein shall be interpreted as limiting the rights of a private property owner to seek civil relief through a court of proper jurisdiction, nor the institution of civil proceedings against the proper parties.
[Ord. #002-2016]
Nothing herein shall be interpreted as limiting the right of the Township to require abatement and removal of invasive plants pursuant to any other applicable Township ordinance or State statute, including but not limited to Upper Township Code Section 11-1 above and N.J.S.A. 40:48-2.13. The Township may require abatement and removal under Section 11-1 or State law prior to pursuing, and independently of, any enforcement action pursuant to this Section 11-3.