[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;
amended 11-13-2023 by Ord. No. 017-2023]
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.
Shall mean to adjudge unfit for occupancy.
Shall mean an exterior waste container designed to be mechanically
lifted by and emptied into or carted away by a commercial vehicle.
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.
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.
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.
Shall mean vehicles, designated for executing commercial
construction tasks, such as bulldozers, backhoe, excavators, equipment
with heavy hydraulics, etc.
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.
Shall mean any vehicle on which one or more of the following
conditions are present: the engine, wheels or other parts have been
removed, altered or damaged with 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, the vehicle is stationary
for more than 15 consecutive days, is surrounded by tall grass, contains
no license tags or has an expired inspection sticker. This presumption
may be rebutted by evidence that refutes the vehicle’s inoperability.
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.
Shall mean a container suitable for the depositing of litter.
Shall mean car, truck, motorcycle, boat, jet ski or other
motorized means of transportation.
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.
Shall mean the holder of the title in fee simple.
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.
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.
Shall mean any semi-trailer (with or without wheels) to be
used for the purpose of storing tangible property.
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;
amended 11-13-2023 by Ord. No. 017-2023]
a.
Except as provided for in other regulations, no 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:
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.
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.
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.
[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:
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:
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.
