[Ord. No. 2013-15]
That a certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Fair Haven, being marked and designated as the International Property Maintenance Code, 2012, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Fair Haven, in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of Fair Haven are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in subsection 14-1.2 of this section.
[Ord. No. 2013-15]
The following sections are hereby revised:
Section 101.1. Insert: Borough of Fair Haven
Section 112.4. Insert:
Section 302.4. Insert: 12 Inches
Section 602.3. Insert: October 1st through May 1st
Section 602.4. Insert: October 1st through May 1st
[Ord. No. 2013-15]
That Ordinance Section 14-1.1 through 14-1.7 of the current Property Maintenance Code and all other ordinances or parts of laws in conflict herewith are hereby repealed.
[Ord. No. 2013-15]
That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Borough Council hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
[Ord. No. 2013-15]
That nothing in this legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in subsection 14-1.3 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.
[2002 Code § 8.20.080]
a.
Exterior of Premises. The exterior of all premises shall be kept free from hazards and nuisances which include but are not limited to the following:
1.
Garbage and rubbish, as defined in this section;
2.
Unsafe Structures. Structurally unsafe or unsound buildings, structures or fences or abandoned, uncovered or structurally unsound walls, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations and abandoned septic tanks or cesspools;
3.
Discarded appliances and plumbing fixtures, abandoned refrigerators, boilers, hot water heaters, television sets and other similar major appliances, sinks, bathtubs, commodes and other plumbing fixtures;
4.
Overhangings. Loose and overhanging objects whether natural or manmade, and accumulations of ice and snow which by reasons of locations above ground level constitute a threat to the health and safety of people if caused to fall;
5.
Ground Surface Hazards. Hidden or uncovered ground or surface hazards, such as holes, sudden depressions, excavations, sharp or jagged projections or obstructions;
6.
Recurring Accumulation or Stormwater. Stagnant surface or groundwater accumulations of water which create or are likely to create insect breeding areas;
7.
Infestation. Rodents, vermin, pest infestations, and conditions causing same;
8.
Lawn and Landscaping. Overgrowth or neglect of reasonable maintenance of landscape plantings, and ground covers including failure to remove in a timely manner dead or diseased trees and shrubbery or parts thereof;
9.
Nuisances, as defined in this section;
10.
Inoperable Vehicles. Vehicles or parts thereof, including boats and trailers, motorized or not, regardless of whether licensed or registered, which vehicles or parts thereof have been dismantled or are in a state of visible disrepair or in an abandoned condition;
11.
Parking. All operable vehicles parked on the premises or residential home shall be parked in a garage, on the driveway or on a maintained parking area constructed with cement, asphalt, gravel or other pavement type material, which is an extension of the driveway provided, however, that operable boats, trailers and recreational vehicles may also be parked as provided in Chapter 30, Land Use and Development.
(a)
Excepted are: (i) Emergency vehicles while responding to calls, (ii) service vehicles temporarily on the premises for the purpose of rendering a service to the premises or the occupants of the premises;
b.
Structural Soundness. Every structure and accessory structure and every part thereof shall be kept structurally sound and in a state of good repair to avoid safety, health or fire hazards including but not limited to the following:
1.
Foundation Walls. Inadequate or unsafe foundation walls, piers and columns and other similarly unsound, damaged or defective loadbearing components which are incapable of supporting the imposed loads safely at all points;
2.
Exterior Porches, Landings, Balconies, Stairs and Fire Escapes. Structurally unsound, loose, dangerous, crumbling, missing, broken, rotted or unsafe exterior portions of buildings or structures, including but not limited to porches, landings, balconies, stairways, handrails, steps, walls, overhangs, roofs, fences, supporting members, timbers, abutments, fire escapes, signs and eaves, crumbling or falling bricks, blocks, mortar or plaster;
3.
Projecting Surfaces. Exterior surfaces or parts of buildings or structures containing sharp, rough or projecting surfaces or objects which might cause injury to persons coming in contact therewith;
4.
Windows, Doors, Etc. Broken glass or windows, rotten, missing or substantially destroyed window frames and sashes, door frames, exterior doors or other junior exterior component parts of buildings or structures;
5.
Exterior Walls, Sidings and Roof. Exterior walls, sidings, gutters and leaders and roofs shall be kept structurally sound in good repairs and free from defects;
6.
Exterior Chimneys. Exterior chimneys shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed.
c.
Steps, Walks, Driveways and Parking Lots. Steps, walks, driveways, parking areas, parking lots, parking spaces and similar areas shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled, or necessary repairs or replacement shall be performed promptly.
[2002 Code § 8.20.090]
a.
Enforcement Officer. It shall be the duty and responsibility of the Code Enforcement Officer to enforce the provisions of the Property Maintenance Code as herein provided. "Code Enforcement Officer," shall also mean subordinates of the Code Enforcement Officer.
b.
Coordination of Enforcement. Inspection of premises and the issuing of orders in connection therewith under the provisions of the Property Maintenance Code shall be the exclusive responsibility of the Code Enforcement Officer. Wherever in the opinion of the Code Enforcement Officer it is necessary or desirable to have inspections of any condition by any other department, he shall arrange for this to be done. No order for correction of any violation under the Property Maintenance Code shall be issued without the approval of the Code Enforcement Officer.
c.
Inspection.
1.
The Code Enforcement Officer is authorized to enter upon any land at any reasonable time for the purpose of performing his duty, with the consent of the property owner.
2.
In the event a property owner refuses such consent the Enforcement Officer is authorized to apply to the Judge of the Municipal Court for an administrative search warrant. The Judge may issue such warrant upon review of an affidavit of the Enforcement Officer setting forth the following:
(a)
The precise regulatory purpose of the proposed search;
(b)
The frequency of previous requests for such warrants affecting the subject premises, if any;
(c)
The exact scope of the search sought, setting forth the area or areas of the premises to be searched; and
(d)
The exact manner in which the search is to be conducted;
(e)
All warrants so issued shall be limited to the purpose, scope and manner of the search as set forth in the affidavit and all searches conducted pursuant to this section shall be as strictly set forth in such warrants.
3.
No search conducted pursuant to such administrative search warrant shall take place other than during the hours of 8:00 a.m. to 6:00 p.m., unless the Code Enforcement Officer demonstrates that an emergency exists and the public health, safety and welfare requires such search during earlier or later hours, as the case may be.
4.
The inspections authorized hereunder are in addition to those which may be authorized by the laws of the State of New Jersey.
d.
Enforcement Procedure. Whenever an Enforcement Officer determines that there is or has been a violation of any provision of this section, he shall give notice of such violation to the person, persons, or entities responsible therefor under this section. Such notice shall be in writing and shall include a concise statement of the reasons for its issuance. Such notice shall be deemed to be properly and sufficiently served if copy thereof is sent by regular mail to the last known address of the person or entity upon which the same is served, as shown by the most recent tax records of the municipality, or a copy thereof handed to the person or persons, or a copy thereof left at usual place of abode or office of the person or entities. Notice shall be given as aforesaid within or without the municipality. The notice shall also state that unless the violation is abated, removed, cured, prevented or desisted within 30 days of the date of service of such notice (exclusive of the date of service), a summons shall be issued for such violation. The Enforcement Officer may extend the period for compliance with the requirements of this section in regard to the violation stated in the notice for a period in excess of the aforesaid 30 days if in his judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected within the thirty-day period; and in such cases shall state such reasonable required extended period of notice, which shall then be applicable instead of the aforesaid 30 days. In the event the violation is not abated, removed, cured, prevented or desisted from or otherwise remedied within the thirty-day period or within such extended period as set forth in the notice, pursuant to the foregoing, a summons shall be issued against the person, persons, entity or entities so notified. Any extension beyond 60 days must be approved by the Mayor and Council.
e.
Emergency Conditions. Whenever the Enforcement Officer finds that an emergency condition in violation of this section exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order to protect by service of notice as set forth in paragraph d above, reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this section to the contrary, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, and upon objection in writing to the Enforcement Officer, any such person shall be afforded a hearing before the Governing Body as soon as is reasonably possible. After such a hearing and decision by the Governing Body as to the existence or nonexistence of the emergency condition, the Governing Body may continue such order in effect, or modify or withdraw it, subject to the issuance of a summons for violation thereof if such order is continued.
[2002 Code § 8.20.110]
This section is in addition to and supplements the following regulations:
[2002 Code § 8.24.010]
Whenever the Chief of the Fire Department, Chief of Police or Health Officer of the Borough shall determine that there exists upon any lands lying within the limits of the Borough, brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, removal of which may be necessary and expedient for the public health, safety or general welfare or to eliminate a fire hazard, he shall file with the Mayor and Council a written report identifying the property and describing the brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, removal of which may be necessary and the reason or reasons for which such removal may be necessary.
[2002 Code § 8.24.020]
After receipt of such report, the Mayor and Council shall proceed to ascertain the condition existing upon and with respect to such lands and if the Mayor and Council determines that the removal of such brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris is necessary and expedient for the preservation of the public health, safety or general welfare or to eliminate a fire hazard, the Mayor and Council shall adopt a resolution to that effect. The resolution shall also direct that the Borough Administrator give notice in writing to the owner or owners, tenant or tenants of such lands to remove such brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within 10 days after the notice.
[2002 Code § 8.24.030]
The notice shall be given by registered mail, return receipt requested, directed in the case of an owner to the address of such owner as the same appears upon the last tax duplicate of the Borough and in the case of a tenant to the street address of the lands in question.
[2002 Code § 8.24.040]
It shall be the duty of the owner or tenant of such lands to remove such brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within 10 days after notice given as hereinabove provided.
[2002 Code § 8.24.050]
Should the owner or tenant to whom such notice is given fail to remove such brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within the ten-day period prescribed in such notice, the Borough Administrator shall proceed to have such brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris caused to be removed under his direction and upon completion of such removal shall certify the cost thereof to the Administrator. If it shall be found correct, the Administrator shall cause the cost as shown thereon to be charged against the property; and the amount so charged shall forthwith become alien upon such lands, the same to bear interest at the same rate as taxes and shall be controlled and enforced by the same officers and in the same manner as taxes.
[1]
Editor's Note: Prior ordinance history includes portions of 2002 Code §§ 15.12.010 — 15.12.170.
[Ord. No. 2010-16]
It is hereby found and declared that the existence or occupation of any building or buildings or parts thereof in the Borough of Fair Haven which have come into a state of disrepair through neglect, lack of maintenance or use, fire, accident or other calamities, or through any other act rendering the building or buildings, or parts thereof, in a state of disrepair, to the extent that the building is unfit for human habitation or occupancy or use, shall be deemed inimical to the welfare of the residents of Fair Haven, and dangerous and injurious to the health and safety of the residents of Fair Haven, and that a public necessity exists for the repair, closing or demolition of such building or buildings or parts thereof, and a public officer appointed pursuant to the provisions of P.L.1942, c. 112 (C.40:48-2.3 et seq.) may exercise his or her powers to repair, demolish, or cause the repairing or demolition of the building or buildings, or parts thereof, pursuant to the provisions of section 5 of P.L. 1992, c. 89 (C.40:48-2.5b).
[Ord. No. 2010-16]
The words "governing body," "public officer," "public authority," "owner," "parties in interest," and "building," whenever used or referred to in this section, shall have the meanings and be defined as set forth in N.J.S.A. 40:48-2.4. The word "Council," whenever used or referred to in this section, shall refer to the Council of the Borough of Fair Haven.
[Ord. No. 2010-16]
No owner or parties in interest shall continue the existence, use or occupancy of any building or buildings or parts of buildings in violation of the findings and declarations of subsection 14-3.1 hereof.
[Ord. No. 2010-16]
The Council, or its designee, is hereby designated as the public officer to exercise the powers prescribed by this section.
[Ord. No. 2010-16]
The public officer is hereby authorized and empowered to exercise such powers as shall be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others herein granted:
a.
To investigate the building conditions in the Borough in order to determine which buildings therein are unfit for human habitation or occupancy or use.
b.
To administer oaths, affirmations, examine witnesses and receive evidence.
c.
To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
d.
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the provisions of this chapter.
e.
To delegate any of the public officer's functions and powers under this chapter to such officers and agents as he may designate.
[Ord. No. 2010-16]
For the purposes of this section, the public officer may determine that a building is unfit for human habitation or occupancy or use if the public officer finds that conditions exist in such building which are or may become dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the Borough of Fair Haven. Such conditions to guide the public officer, of its designated agents, in determining the fitness of a building for human habitation or occupancy or use, shall be deemed to include the following, without limiting the generality of the foregoing:
a.
Defects therein increasing the hazards of fire, accident or other calamities;
b.
Lack of adequate ventilation, light or sanitary facilities;
c.
Dilapidation, disrepair, structural defects or uncleanliness;
d.
Failure to comply with the requirements of the building code or the certificate of occupancy; and
e.
Conditions otherwise inimical to the welfare of the residents of the Borough.
[Ord. No. 2010-16]
Whenever a petition is filed with the public officer by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the municipality charging that any building is unfit for human habitation or occupancy or use as herein defined, or whenever it appears to the public officer, on its own motion, that any building is unfit for human habitation or occupancy or use, as herein defined, the public officer shall, if the public officer's 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.
A hearing will be held before the public officer or its designated agent at a place therein fixed not less than seven days nor more than 30 days after the serving of said complaint;
b.
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 to give testimony at the place and time fixed in the complaint; and that
c.
The rules of evidence prevailing in courts of law or equity shall not be controlling in the hearing(s) before the public officer or its designated agent.
[Ord. No. 2010-16]
If, after such notice and hearing, the public officer determines that the building or buildings under construction are unfit for human habitation or occupancy or use, it shall state, in writing, its findings of fact in support of such determination and shall issue and cause to be served upon the owners thereof and parties in interest an order:
a.
Requiring the repair, alteration or improvement of 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 the said building vacated and closed within the time set forth in the order; and
b.
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve said building within the time specified in the order, then the owner shall be required to remove or demolish said building within a reasonable time as specified in said order of removal.
[Ord. No. 2010-16]
Complaints or orders issued by the public officer 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 public officer in the exercise of reasonable diligence, and the public officer 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 a newspaper printed and published in the Borough of Fair Haven or, in the absence of such newspaper, in one printed and published in the County and circulating in the Borough of Fair Haven in which the buildings are located. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded or lodged for record with the County Clerk of Monmouth County.
[Ord. No. 2010-16]
a.
If the owner fails to comply with an order to alter, repair or improve or, at the option of the owner, to vacate and close the building, the public officer may cause such building to be repaired, altered or improved or to be vacated and closed; thereupon, the public officer 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; the use or occupation of this building is prohibited and unlawful."
b.
If an actual and immediate danger to life is posed by the threatened collapse of any fire-damaged or other structurally unsafe building, the public officer may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment and summary proceedings for the demolition thereof.
[Ord. No. 2010-16]
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.
[Ord. No. 2010-16]
a.
The amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceedings taken under this section determined in favor of the municipality, and the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the public officer, the public officer, or its designated agent, 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 the 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 aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the public officer, 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 the Court. Any owner or party in interest may, within 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 lien certificate.
b.
If an actual and immediate danger to life is posed by the threatened collapse of any fire-damaged or other structurally unsafe building, the public officer 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.
c.
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 chapter intended to limit the authority of the enforcing agency or construction official under the "State Uniform Construction Code Act," P.L. 1975, c. 217 (C. 52:27D-119 et seq.) or any rules or regulations adopted thereunder.
[Ord. No. 2010-16]
Any action taken using revenues derived from the local property tax shall be taken only after advertisement for and receipt of bids therefor, unless the action is necessary to prevent imminent danger to life, limb or property.
[Ord. No. 2010-16]
Any person aggrieved by any order issued by a public officer under this section may, within 30 days after the posting and service of such order, bring an action for injunctive relief in the Superior Court to restrain the public officer from carrying out the provisions of the order and for any other appropriate relief. The court may proceed in the action in a summary action or otherwise. The remedy herein provided shall be exclusive, and no person affected by an order of the public officer shall be entitled to recover any damages for action taken pursuant thereto, or because of noncompliance by any person with an order of the public officer.
[2002 Code § 12.12.010; Ord. No. 6-12-06(c)]
No brush, hedge, tree, or other plant life shall be permitted to grow to a height in excess of 2 1/2 feet within a radius of 25 feet from the corner of an intersection of any two or more streets; nor shall the limbs or foliage on any tree be permitted to grow nearer to the ground than eight feet where such limbs or foliage overhang or are over or upon land within a radius of 25 feet from the corner of an intersection of any two or more streets.
[2002 Code § 12.12.020]
No fence or other structure of such construction or composition that it would obstruct vision exceeding 2 1/2 feet in height shall be constructed or maintained within a radius of 25 feet from the corner of an intersection of any two or more streets.
[2002 Code § 12.12.030; New]
If the owner or tenant of any lands lying within a radius of 25 feet from the corner of an intersection of any two or more streets shall refuse or neglect to cut and keep out all brush, hedges, trees and other plant life in accordance with the provisions of subsection 14-4.1 within 10 days after written notice from the Code Enforcement Officer to cut the same shall have been served upon him, the Code Enforcement Officer, may trim, cut and remove the same, to comply with the provisions of this section.
[2002 Code § 12.12.040; New]
If the owner, or tenant of any lands lying within a radius of 25 feet from the corner of an intersection of any two or more streets now or hereafter constructing or maintaining a fence or other structure contrary to the provisions of subsection 14-4.2 shall refuse or neglect to remove the same or cause the same to be reduced to comply with the provisions of this section within 10 days after written notice from the Code Enforcement Officer to remove or reduce the same shall have been served upon him or them, the Code Enforcement Officer may cause the removal and reduce the same to the extent necessary to comply with subsection 14-4.2.
[2002 Code § 12.12.050; New]
The cost paid or incurred by the Borough where the work is done by the Code Enforcement Officer shall be certified to the Mayor and Borough Council who shall review such certificate and upon approval of the same shall cause the cost as shown thereon to be charged against the lands upon which such work is done and the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form apart of the taxes then next to be assessed and levied upon such lands. The same shall bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[2002 Code § 2.48.080]
It shall be unlawful for any person or firm to top any street tree, park tree or other tree on public property. "Topping" is defined as the severe cutting back of limbs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subsection at the determination of the Shade Tree Commission.
[2002 Code § 2.48.090]
Every owner of any tree or shrub overhanging any street or right-of-way shall prune the branches so that such branches shall not obstruct the view of any street intersection and shall not obstruct the light from any street lamp and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. The owners shall remove all dead, diseased, or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The Borough or Shade Tree Commission shall have the right, but not the obligation, to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight, visibility of any traffic control device or sign, or passage on a public street or sidewalk.
[2002 Code § 2.080.01; Ord. No. 470 § 14-1]
The owner, tenant or occupant of any building or lands abutting upon any street within the Borough of Fair Haven shall cause the sidewalk in front of the property to be cleared of snow or ice to a width of at least two feet within 24 hours after the cessation of the snowfall or formation of ice. In case of ice on the sidewalk, should it be impracticable to remove same, then the sidewalk shall be covered with sand or some other suitable substance so as to cause the sidewalk to be made safe and convenient for persons traveling thereon.
[Ord. No. 470 § 14-2]
No person shall sweep, throw or deposit any snow or ice in that part of the street which has been or is being plowed, swept, cleaned or cleared by the municipality for the passage of traffic.
[Ord. No. 470 § 14-3]
a.
The owner, tenant or occupant of any residential building charged with the duties as aforesaid, who shall violate any of the provisions of this section or refuses or neglects to comply with same shall be liable for a fine of $25 for the first offense (court appearance not required) and for subsequent offenses a fine of $50, plus court costs (court appearance mandatory).
b.
The owner, tenant or occupant of any nonresidential building or vacant property, charged with the duties as aforesaid, who shall violate any of the provisions of this section or refuses or neglects to comply with same shall be liable for a fine of $250, plus court costs (court appearance mandatory), for each offense.
[Ord. No. 470 § 14-4]
After the expiration of the time limited as aforesaid for the removal of such snow or ice, a member of the Police Department may cause the same to be removed, and the costs and expenses paid and incurred for the removal of such snow or ice shall be certified by a member of the Police Department to the Borough Council, with a statement of the amount due in each case, and if found correct by the Borough Council, the cost as shown thereon shall be charged against the lands abutting such sidewalk; the amount so charged shall forthwith become a lien upon such land and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to be or interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. No. 470 § 14-5]
Complaints of violations shall be made in the Municipal Court of Fair Haven by a member of the Fair Haven Police Department or by the Fair Haven Code Enforcement Officer.
[2002 Code § 9.12.150]
All persons are forbidden to throw or deposit any rubbish or refuse of any kind into or upon any of the sidewalks, gutters, streets or public places within the Borough, except as provided in the pick up schedule.
[2002 Code § 9.12.150]
All owners or occupants of real property within the Borough are required to keep the sidewalks and gutters in front of their premises in a clean and orderly condition.
[Ord. No. 2013-13; Ord. No. 2018-11; amended 11-12-2024 by Ord. No. 2024-17]
[Added 11-12-2024 by Ord. No. 2024-17]
The purpose of this section is to establish requirements for tree removal and replacement in the Borough of Fair Haven to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
[Added 11-12-2024 by Ord. No. 2024-17]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Shall mean any "person," as defined below, who applies for approval to remove a tree regulated by this section.
Shall mean the Borough of Fair Haven's Director of Engineering or his/her designee.
Shall mean all activity related to the building, alteration, or improvement of physical structures, infrastructure, or land. This shall encompass activity that seeks to enlarge, modify or alter property (i.e., site preparation, structural development, infrastructure installation, and modifications to the landscape or environment, such as clearing land).
Shall mean the zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a 6" DBH would have a CRZ = 6" x 1.5' = 9' as shown in Exhibit A of this section. (Exhibit A is found at subsection 14-8.2A.)
Shall mean the diameter of the trunk of a mature tree generally measured at a point four and a half feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the 4 1/2 foot height, the DBH shall be measured at the highest point before any division as shown in Exhibit A of this section.
Shall mean the outermost circumference of a tree's canopy, from which water drips to the ground as shown in Exhibit B of this section. (Exhibit B is found at subsection 14-8.2B.)
Shall mean the New Jersey Licensed Tree Expert designated by the Borough of Fair Haven.
Shall mean a Tree Escrow Fund established and maintained by the Chief Financial Officer of Fair Haven Borough to receive and disburse replacement tree contributions.
Shall mean the fund established and maintained by the Borough to collect tree replacement fees and penalties in accordance with this section for the purpose of planting new trees, maintaining existing trees, and maximizing tree canopy on public property within the Borough of Fair Haven. Appropriations from the Shade Tree Reserve Trust Fund shall be authorized by the Governing Body with consideration of the Shade Tree Commission recommendations in accordance with the municipal tree planting plan.
Shall mean a tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not Hazard Trees.
Has an infectious disease or insect infestation; or
Is dead or dying; or
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, and where pruning attempts have not been effective; or
Is causing objective damage to structures or property (such as building foundations, sidewalks, utility lines, etc.); or
Is determined to be a threat to public health, safety, and/or welfare.
The determination of whether a tree meets the criteria for designation as a Hazard Tree shall be made solely by the Borough of Fair Haven's Designated LTE. |
Shall mean removal of:
Shall mean a report prepared by an LTE containing specific information on the tree(s) to be removed, including, but not limited to species, DBH size, location, condition structure, height, crown integrity, crown spread, age, pruning history, if available, and presence of pests or disease. The report shall include the LTE's name, address, business affiliation, license number, date of report, and signature.
Shall mean a person who is currently licensed as a Licensed Tree Expert by the New Jersey Board of Tree Experts.
Shall mean any individual, resident, municipality, borough, corporation, utility, company, partnership, firm, association, or combination thereof.
Shall mean the part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
Shall mean photographs or statements from an LTE or certified arborist to support exemption applicability.
Shall mean a tree purchased by a nursery or otherwise deemed viable by a Licensed Tree Expert.
Shall mean person(s) who reside on the residential property or contractor hired by the person(s) who resides on the residential property, where a tree(s) regulated by this section is removed or proposed to be removed.
Shall mean a tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specified distance from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
Shall mean a woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
Shall mean the diameter of the trunk of a tree, measured six inches from the soil line. For trees whose caliper exceeds four inches, the measurement is taken 12 inches above the soil line as shown in Exhibit C. (Exhibit C is found at subsection 14-8.2C.)
Shall mean to kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.
[Added 11-12-2024 by Ord. No. 2024-17]
 |
[Added 11-12-2024 by Ord. No. 2024-17]
 |
[Added 11-12-2024 by Ord. No. 2024-17]
 |
[Added 11-12-2024 by Ord. No. 2024-17]
Any person seeking to remove a street tree with DBH of 2.5 inches or more, or any non-street tree with DBH of six inches or more, that is located on their property shall submit a Tree Removal Application to the Fair Haven Official designated by the Borough Administrator, with consent of the Mayor and council. No tree shall be removed until municipal officials have reviewed and approved the Tree Removal Application and issued an approved tree removal permit.
[Added 11-12-2024 by Ord. No. 2024-17]
a.
Large Scale Tree Removal Report. In addition to the requirements set forth in subsection 14-8.4, any person(s) seeking approval for Large Scale Tree Removal shall submit a Large Scale Tree Removal Report prepared by an LTE to determine the appropriate fee assessment. The applicant shall be responsible for all costs associated with the preparation of the report.
b.
Neighbor Notification. Upon receiving approval of a tree removal application and the issuance of a tree removal permit, the applicant must notify all abutting property owners within a 200-foot perimeter of the planned tree removal.
Notification to abutting property owners shall be made by certified mail, with return receipt requested, and must be sent within 14 days of receiving approval of the tree removal application or the issuance of the tree removal permit.
[Added 11-12-2024 by Ord. No. 2024-17]
a.
Application Fee. The applicant, at time of filing the application, shall pay the application fee of $50. No application shall be considered without the payment of the required application fee.
b.
Inspection Fee. An inspection fee of $25 will be applied to all applications requiring on-site verification.
c.
Replacement Fee. Replacement tree fee(s) will be in accordance with Table A - Tree Replacement Requirements Table.
[Added 11-12-2024 by Ord. No. 2024-17]
a.
Any person who removes one or more street tree(s) with a DBH of 2.5" or more, unless exempt under subsections 14-8.8 or 14-8.9, shall be subject to the requirements of Table A - Tree Replacement Requirements Table, which requirements shall be in addition to any other landscaping or tree planting requirements under the Borough Code.
c.
Any person subject to the requirements of the Tree Replacement Requirements Table shall have the option to plant a replacement tree according to the Tree Replacement Criteria A(1) or pay the Tree Replacement Fee A(2).
d.
The species, type and diversity of replacement trees shall be in accordance with Appendix A Tree Species Recommendation.
e.
Replacement tree(s) shall:
1.
Be replaced in kind with a tree that has an equal or greater DBH than tree removed or meet the Tree Replacement Criteria in Table A - Tree Replacement Requirements Table;
2.
Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the Borough;
3.
Be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months; and
4.
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
Table A - Tree Replacement Requirements Table | |||
|---|---|---|---|
Category | Removed Tree (DBH) | Tree Replacement Criteria A(1) (See Appendix A) | Tree Replacement Fee A(2) |
1 | DBH of 2.5" (for street trees) or 6" (for non-street trees) to 12.99" | Replant 1 tree with a minimum tree caliper of 2.0" for each tree removed | $500 |
2 | DBH of 13" to 22.99" | Replant 2 trees with minimum tree calipers of 2.0" for each tree removed | $1,000 |
3 | DBH of 23" to 32.99" | Replant 3 trees with minimum tree calipers of 2.0" for each tree removed | $1,500 |
4 | DBH of 33" or greater | Replant 4 trees with minimum tree calipers of 2.0" for each tree removed | $2,000 |
f.
Replacement Alternatives:
If the applicant determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall pay the Tree Replacement Fee based on the Tree Replacement Requirements in Table A referenced above. This fee shall be placed into the Fair Haven Shade Tree Trust Reserve Fund dedicated to planting new trees and maintaining the Borough's existing trees.
g.
Protection of Existing Trees:
1.
Prior to the commencement of any construction, but subsequent to any approved tree removal, the applicant shall place snow fencing or similar protective barrier, that is acceptable to the Construction Official and/or Borough Engineer, around trees that are not being removed.
2.
The protective barrier(s) shall remain in place until all construction activity is terminated. No construction shall commence or continue unless the protective barrier(s) are erected.
3.
The protective barrier(s) shall be placed at the greater of the Drip Line or CRZ.
4.
No equipment, chemicals, soil deposit or construction materials shall be placed within the enclosed area of the protective barrier(s).
5.
Following completion of construction and removal of the protective barrier(s), any landscaping activities shall be accomplished with light machinery or hand labor.
[Added 11-12-2024 by Ord. No. 2024-17]
All person(s) shall comply with the tree replacement standard outlined above, except in the cases detailed below. Proper justification shall be provided, in writing, to the Borough by all person(s) claiming an exemption.
a.
Tree farms in active operation, nurseries, fruit orchards, and garden centers;
b.
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the Borough;
c.
Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan.
d.
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan;
e.
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
[Added 11-12-2024 by Ord. No. 2024-17]
In the event of an emergency where immediate tree removal is necessary to protect public health, safety, or property, any person otherwise subject to this section may, without first applying for and obtaining a permit, take any lawful action which is otherwise a regulated activity to cure, remedy or mitigate the dangerous or hazardous condition resulting from the emergency. This exemption applies to trees that have been severely damaged or rendered hazardous by storms, high winds, lightning, flooding, or other natural disasters, as well as trees that pose a sudden and imminent risk of falling and causing damage to persons, vehicles, structures, or utilities.
Such person(s) shall apply for a Tree Removal Permit not later than the end of the second succeeding business day after any regulated activity takes place and may not proceed with non-emergency work including restoration, until a permit is obtained.
[Added 11-12-2024 by Ord. No. 2024-17]
a.
Requirement for Tree Work: All tree work conducted within the Borough of Fair Haven must be performed by tree care businesses that are registered and in good standing with the state, in accordance with the Tree Expert and Tree Care Operator Licensing Act, N.J.S.A. 45:15C-11, et seq.
b.
Proof of Compliance: Tree care businesses must provide documentation to the Borough demonstrating their registration and good standing with the state as mandated by the Tree Expert and Tree Care Operator Licensing Act.
c.
Documentation Submission: Prior to commencing any tree work, businesses must submit a copy of their valid state registration and proof of compliance with the Tree Expert and Tree Care Operator Licensing Act to the Borough Clerk.
d.
Ongoing Compliance: Tree care businesses must maintain their registration and good standing with the state throughout the duration of their operations within the Borough. The Code Enforcement Officer reserves the right to verify the status of registration and compliance as needed.
e.
Penalties for Non-Compliance: Failure to utilize a registered tree care business in good standing or to provide the required documentation will result in penalties, including fines and potential prohibition from performing tree work within the Borough of Fair Haven.
[Added 11-12-2024 by Ord. No. 2024-17]
This section shall be enforced by the Code Enforcement Officer in the ordinary court of his/her respective duties.
The Code Enforcement Officer is authorized to exercise discretion in the enforcement of this section and shall have the power to revoke a permit if the applicant provided false or misleading information within the application and/or there is noncompliance with the approved permit.
[Added 11-12-2024 by Ord. No. 2024-17; amended 9-29-2025 by Ord. No. 2025-16]
Any person(s) who violates any provision of this section shall be subject to a mandatory court appearance and, upon conviction before the Municipal Court, be sentenced in accordance with Schedule B hereinbelow.
Any fines, fees, and/or restitution collected as described herein shall be deposited into the Fair Haven Shade Tree Trust Reserve Fund for the purpose of tree maintenance and replacement, except as otherwise provided by law.
Schedule B - Penalty Schedule | ||
|---|---|---|
Category | Removed/Destroyed Tree (DBH) | Penalty Schedule |
1 | DBH of 2.5" (for street trees) or 6" (for non-street trees) to 12.99" | One Replacement Tree(s) and $500 |
2 | DBH of 13" to 22.99" | Two Replacement Tree(s) and $1,000 |
3 | DBH of 23" to 32.99" | Three Replacement Tree(s) and $1,500 |
4 | DBH of 33" or greater | Four Replacement Tree(s) and $2,000 |
[Added 11-12-2024 by Ord. No. 2024-17]
In the event that any portion of this section, or the application of this section to any specific situation, shall be declared invalid, such declaration shall not, in any manner, prejudice the enforcement of the remaining provisions, or the enforcement of this section in other situations.
[Added 11-12-2024 by Ord. No. 2024-17]
Approved List of Replacement Tree Species and Planting Standards for the Borough of Fair Haven
The Fair Haven Shade Tree Commission has provided this list of recommended trees that are acceptable to be planted as replacement trees.
For the most up-to-date list of replacement trees recommended by the Shade Tree Commission, please visit: https://sites.google.com/view/fairhaventrees/recommended-trees?authuser=0
Shade Trees | ||
|---|---|---|
Tree Species | Planting Season | Planting Procedure |
Fagus Grandiflora American Beech | Spring/Fall | Full Sun to Part Shade Soil Moisture: average to medium Soil Type: prefers well-drained acidic loams |
Betula Nigra River Birch | Spring/Fall | Full Sun Soil Moisture: average to wet Soil Type: prefers moist, acidic, fertile soils |
Prunus Black Cherry | Early Spring | Full Sun Soil Moisture: average Soil Type: organically rich, well-drained loams |
Ulmus Americana American Elm | Spring/Fall | Full Sun to Part Shade Soil Moisture: average to medium Soil Type: prefers moist, fertile, well-drained loams |
Celtis Occidentalis Hackberry | Spring | Full Sun to Part Shade Soil Moisture: average to dry Soil Type: wide range (clay to sandy loam) |
Carya Hickory | Fall/Early Spring | Full Sun Soil Moisture: prefers moist, well-drained soils Soil Type: prefers deep, fertile, well-drained loams |
Shagbark Hickory | Spring/Fall | Full Sun Soil Moisture: average to medium Soil Type: fertile loams |
Tilia Americana American Linden | Spring/Fall | Full Sun to Part Shade Soil Moisture: average to medium Soil Type: wide range (clay to sandy loam); prefers moist, fertile, well-drained loams |
Magnolia Grandifola Southern Magnolia | Spring/Fall | Full Sun to Part Shade Soil Moisture: average to wet Soil Type: clay to loam; prefers acidic soils |
Acer Rubrum Red Maple | Spring/Fall | Full Sun to Part Shade Soil Moisture: average to wet Soil Type: wide range (clay to sandy loam) |
Acer Saccharum Silver Maple | Fall/Early Winter | Full Sun to Part Shade Soil Moisture: average to dry Soil Type: wide range (clay to sandy loam) |
Acer Saccharum Sugar Maple | Fall/Early Winter | Full Sun to Part Shade Soil Moisture: average to dry Soil Type: wide range (clay to sandy loam) |
Quercus Velutina Black Oak | Spring | Full Sun Soil Moisture: average to dry Soil Type: wide range (clay to sandy loam) |
Quercus Macrocarpa Bur Oak | Spring | Full Sun Soil Moisture: average to dry Soil Type: wide range (clay to sandy loam); prefers moist well-drained loams |
Quercus Prinus Chestnut Oak | Spring | Full Sun Soil Moisture: average to wet Soil Type: wide range (clay to sandy loam); prefers moist fertile loams |
Quercus Rubra Northern Red Oak | Spring | Full Sun Soil Moisture: average to medium Soil Type: wide range (clay to sandy loam); prefers acidic soil |
Quercus Palustris Pin Oak | Spring | Full Sun Soil Moisture: average to wet Soil Type: wide range (clay to sandy loam); prefers moist fertile loams |
Quercus Coccinea Scarlet Oak | Spring | Full Sun Soil Moisture: average to dry Soil Type: wide range (clay to sandy loam) |
Quercus Bicolor Swamp White Oak | Spring | Full Sun Soil Moisture: average to wet Soil Type: wide range (clay to sandy loam); prefers acidic soil |
Quercus Alba White Oak | Spring | Full Sun Soil Moisture: average to dry Soil Type: wide range (clay to sandy loam) |
Quercus Phellos Willow Oak | Spring | Full Sun Soil Moisture: average to medium Soil Type: wide range (clay to sandy loam); prefers moist well-drained loams |
Liquidambar Styraciflua American Sweetgum | Early Winter/Early Spring | Full Sun to Part Shade Soil Moisture: average to wet Soil Type: wide range (clay to sandy loam) |
Platanus Occidentalis Sycamore-Buttonwood | Fall/Early Spring | Full Sun Soil Moisture: average to dry Soil Type: wide range (clay to sandy loam); prefers rich, deep soils |
Nyssa Sylvatica Black Tupelo | Spring/Fall | Full Sun Soil Moisture: average to wet Soil Type: sandy loams |
Liriodendron Tulipifera Tuliptree | Spring/Fall | Full Sun Soil Moisture: average Soil Type: organically rich, well-drained loams |
Juglans Nigra Black Walnut | Fall/Early Spring | Full Sun Soil Moisture: average to dry Soil Type: prefers deep, fertile, well-drained loams |
Small/Ornamental/Understory Trees | ||
|---|---|---|
Tree Species | Planting Season | Planting Procedure |
Malus Crabapple | Fall/Early Spring | Full Sun Soil Moisture: moderate, well-drained Soil Type: loamy, slightly acidic |
Cercis Canadensis Eastern Red Bud | Fall | Full Sun to Part Shade Soil Moisture: average to wet Soil Type: moderately fertile soils |
Cornus Florida Flowering Dogwood | Early Spring | Full Sun to Part Shade Soil Moisture: moderate, well-drained Soil Type: rich, slightly acidic |
Chionanthus Fringe Tree | Fall/Early Spring | Full Sun to Part Shade Soil Moisture: moderate, well-drained Soil Type: loamy, slightly acidic |
Evergreen Trees | ||
|---|---|---|
Tree Species | Planting Season | Planting Procedure |
Juniperus Virginiana Eastern Red Cedar | Fall/Early Spring | Full Sun Soil Moisture: average to dry Soil Type: wide range (clay to sandy loam) |
Thuja Occidentalis Northern White Cedar | Early Spring | Full Sun to Part Shade Soil Moisture: average to dry Soil Type: moist and sandy soils |
Taxodium Distichum Baldy Cypress | Fall/Early Spring | Full Sun Soil Moisture: average to wet Soil Type: clay or sandy loams |
Ilex Opaca American Holly | Fall/Early Spring | Full Sun to Part Shade Soil Moisture: average to dry Soil Type: acidic and sandy soils |
[Ord. No. 2013-16]
It is the intent of this section to assure that the public health, safety, and welfare is not impaired by the neglected maintenance of the buildings and property. It is further intended to assure that site improvements required by a Municipal Agency are properly maintained and operable. It shall be the appropriate Code Enforcement, Administrative Officer or designee's responsibility to enforce this section where property conditions pose a hazard to the public or where a property owner fails to maintain a required site improvement. It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition, all buildings and land in the municipality which they own, use, occupy or have maintenance responsibility for in accordance with the following regulations.
a.
Maintenance of all land uses within the municipality shall include, but is not limited to, the following:
1.
Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of 30 days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
2.
Paint striping, traffic control signs and markings, and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
3.
Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians.
4.
Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
5.
All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping carts or similar items shall either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours.
6.
All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced (if such plantings are required under this section, they shall be replaced only). All lawn or other nonpaved areas shall be kept trimmed and free from weeds and other noxious growth.
7.
Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
8.
All refuse stored outdoors shall be kept within containers having lids, in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within side or rear yard areas and shall not be located to interfere with vehicular or pedestrian circulation.
9.
Appropriate areas shall be provided for the storage of recyclable materials. These areas shall be expanded or modified as necessary to meet the requirements of any change in occupancy. Such areas shall be within the structure or in side or rear yards and shall be properly screened. Provisions shall be made to store paper, cardboard and similar items out of the weather. Such areas shall be maintained in a clean, orderly and neat condition.
10.
All outdoor lighting shall be maintained in a working condition.
b.
All land uses for which development (site plan or subdivision) approval is granted subsequent to the adoption of Chapter 30 for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision plan in a safe and orderly condition. In addition to the maintenance responsibilities specified above, additional maintenance responsibilities shall include, but are not limited to, the following:
1.
All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first 30 days of the next planting season.
2.
Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such areas. Refuse containers located elsewhere on the site shall not be permitted.
c.
Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall be in violation of this section subject to the penalties prescribed in this chapter.
[Ord. No. 2014-25]
It is the intent of this section to assure that the public health, safety, and welfare is not impaired by the neglected maintenance or disruptive construction practices for construction activity that takes place in the Borough. It shall be the appropriate Code Enforcement, Administrative Officer or designee's responsibility to enforce this subsection where property conditions pose a hazard to the public or where a property owner fails to comply with the provisions of this subsection. A construction or demolition site shall mean a property within the Borough where construction or demolition activity is taking place that requires a building permit or demolition permit from the Borough. The provisions set forth in this section are in addition to those requirements set forth under the International Property Maintenance Code which has been adopted by the Borough.
a.
It shall be unlawful for any property owner, tenant, developer, agent or contractor in charge of a construction site or demolition site to permit the accumulation of litter before, during or after the construction or demolition of a building or other project. It shall be the duty of the property owner, tenant, developer, agent or contractor to furnish containers adequate to accommodate flyable or non-flyable debris or trash and a separate container for recycling at areas convenient to the location where construction activity is occurring and to maintain and empty the receptacles in such a manner and with such frequency to prevent spillage of refuse. Any cardboard or other recyclable material generated from a construction site shall be disposed of and not dropped off at the Borough Recycling Facility.
b.
Construction sites shall be secured from pedestrian traffic. No trespass signs must be installed in locations that are visible from the street.
c.
A safety fence, four feet in height, shall be installed and properly supported around all construction projects, the intent is to enclose each open lot line that is not afforded a barrier by an existing fence. The Borough Construction Official or Zoning Officer shall determine whether the safety fence meets the intent and purpose of this section.
d.
Rebar caps shall be in place on all exposed ends of rebar at the end of each work day.
e.
Prior to commencement of construction, temporary electric shall be procured for the construction site. If temporary electric is not reasonably available, as determined by the Borough Construction Official or Zoning Officer, a generator may be used on site provided it is located within a sound attenuation enclosure.
f.
All soil erosion measures shall be installed and maintained in accordance with Freehold Soil Conservation District Regulations. For projects that are exempt, the Borough Construction Code Official or Zoning Officer shall determine if soil erosion measures shall be installed due to construction activity, land disturbance or soil stockpiling.
g.
At all times, the roadway shall be kept clean, free of dirt and debris. Regular street sweeping shall be performed as necessary.
h.
All sidewalks and access ways shall be kept open to pedestrian traffic at all times.
i.
Prior to construction and demolition, tree protection shall be installed and maintained in accordance with local ordinances and Freehold Soil Conservation District Regulations.
[Added 6-27-2022 by Ord. No. 2022-09]
The purpose of this section is to preserve and protect private and public property from the damaging spread of invasive running bamboo and to protect native plants and the wildlife they support from the spread of invasive running bamboo from any neighboring property line.
[Added 6-27-2022 by Ord. No. 2022-09]
As used in this chapter, the following terms shall have the meanings indicated:
The Borough of Fair Haven, Monmouth County, New Jersey.
A distance of at least five feet from any lane, street or road, whether public or private, or from any neighboring property, whichever is more restrictive for the property owner.
The Code Enforcement Officer or the Tree Conservation Officer or any other Borough official as may be designated by resolution of the Mayor & Council of the Borough of Fair Haven, Monmouth County, New Jersey.
Any written notice by, from or on behalf of the Borough, notifying the property owner(s) that they are in violation of this section and directing them to cure or fix the violation. Such notice shall be sent by certified mail, return receipt requested, addressed to the owner(s) listed on the current tax record on file with the Borough. If such certified mail is returned, then service may be effected by posting such notice upon the property in question.
Any property owner(s) or tenant(s) who, or which, have running bamboo or invasive plants on their property, even if the bamboo or invasive plant has spread onto their property from an adjoining property.
Receipt of the notice required herein shall be the date of mailing said notice, or, if applicable, posting of the notice on the property in question, whichever is later.
Any monopodial (running) woody grass from the genera of bamboos including, but not limited to, Bambusa, Phyllostachys and Pseudosasa, as well as common bamboo, golden bamboo and arrow bamboo.
[Added 6-27-2022 by Ord. No. 2022-09]
a.
No Planting of Running Bamboo.
1.
The planting of running bamboo is prohibited within the Borough.
2.
Any existing running bamboo may not be replanted or replaced after any such existing running bamboo has died or been removed.
3.
Any person who plants or replants running bamboo within the Borough limits after the effective date of this section shall be in violation of this section and shall be subject to the penalties set forth herein, subject to the following exceptions:
(a)
The root system of such running bamboo is entirely contained within an above ground planter and located so as to entirely prevent the spread or growth of the plants' root system beyond the container in which it is planted; or
(b)
The root system is contained within a barrier, constructed in accordance with the following specifications:
(1)
The barrier itself shall be composed of a high density polypropylene or polyethylene, with a minimum thickness of 60 mil (or 1/16 of an inch);
(2)
Each portion of the barrier shall be joined together by the use of stainless steel strips or clamps;
(3)
The barrier shall be a minimum of 30 inches deep, with 2-3 inches of the barrier protruding above ground level around the entire perimeter of the bamboo;
(4)
When installed, the barrier shall slant outward from the bottom to top.
(c)
Whether planted or growing in a container, as described herein, all bamboo plants shall be located, trimmed and maintained so that no part of the plant shall be closer than five feet from any property line.
b.
Regulation of Existing Running Bamboo.
1.
Any running bamboo already in existence on any property within the Borough limits as of the effective date of this section, may remain on such property, provided that running bamboo shall not be permitted within any buffer zone.
2.
Property owner(s) shall take all necessary measures to ensure that any running bamboo on their property does not exist within any buffer zone. Such measure shall include, but are not limited to, cutting down running bamboo existing in the buffer zone and physically removing or poisoning the rhizomes or spraying any regrowth for several years until the running bamboo is dead and, if running bamboo is permitted to remain outside the buffer zone, installing sheathing comprised of high density polypropylene or polyethylene and placed no less than five feet from the property line at a sufficient depth to prevent any growth of running bamboo within any buffer zone.
3.
This section shall not be deemed to alter any rights at common law or otherwise that any property owner may have to recover the cost of removal of running bamboo on their own property from another property owner from whose property the running bamboo has spread.
c.
Removal of Running Bamboo. If running bamboo on any property grows in or into any buffer zone, the Borough shall give notice to the property owner(s), as required by this section, that the said property owner(s) are responsible for the extermination or removal of such running bamboo from the buffer zone.
d.
Inspection. All properties within the Borough shall be subject to inspection by the Enforcement Officer to determine compliance with this section as provided by law.
e.
Enforcement, Violations and Penalties.
1.
Whenever running bamboo is found planted in the ground on any plot of land, lot or any other premises or place in contravention of the provisions of this section, a notice shall be given to the property owner(s), providing 30 days to remove or abate the same.
2.
The cost of the removal or abatement shall be borne by the property owner(s).
3.
If the property owner(s) fail(s) to comply with such notice, the Enforcement Officer may remove or otherwise control the running bamboo and the Borough may thereafter recover the cost of such removal from the property owner(s) and place a lien upon the property to recover the cost of the removal according to law.
4.
Any person violating this section who fails to abate the violation after notice shall be subject to a fine, not to exceed $500, plus costs, for each day on which a violation has occurred, and for which the property owner has been found guilty. Each day on which the violation occurs shall constitute a separate offense under this section.
[Added 4-17-2023 by Ord. No. 2023-03]
The Borough of Fair Haven hereby establishes a vacant property registration program for the purposes of identifying and monitoring residential and commercial properties within the Borough against which a summons and complaint in an action to foreclose on a mortgage has been filed, and to regulate the care, maintenance, security, and upkeep of the exterior of vacant and abandoned residential and commercial properties against which a summons and complaint in an action to foreclose has been filed; as well as impose property registration fees upon the creditors of such residential or commercial properties on an annual basis.
[Added 4-17-2023 by Ord. No. 2023-03]
As used in this section, the following terms shall have the meanings indicated:
A mortgagee or an agent or assignee of a mortgagee, such as the servicer, who has filed a complaint in the Superior Court seeking to foreclose upon a residential or commercial mortgage. If the entity seeking to foreclose upon the residential or commercial mortgage changes as a result of an assignment, transfer, or otherwise after the filing of the foreclosure complaint in the Superior Court, the new entity shall be deemed the creditor for purposes of this section. For purposes of this section, a creditor shall not include the State, a political subdivision of the State, a State, county, or local government entity, or their agent or assignee, such as the servicer.
Residential and commercial properties within the Borough against which a summons and complaint in an action to foreclose on a mortgage has been filed.
Residential and commercial properties as to which a notice of violation has been issued under subsection 14-12.6 hereinbelow, or where a notice of violation has not been issued, such property shall be deemed "vacant and abandoned" if it is not occupied by a mortgagor or tenant (evidenced by a lease agreement), and at least two of the following conditions exist:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers or mail on the property;
Disconnected gas, electric, or water utility services to the property;
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
The accumulation of junk, litter, trash or debris on the property;
The absence of window treatments such as blinds, curtains or shutters;
The absence of furnishings and personal items;
Statements of neighbors, association management, delivery persons, or government employees indicating that the residence is vacant and abandoned;
Windows or entrances to the property that are boarded up or closed off or multiple windowpanes that are damaged, broken and unrepaired;
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
A risk to the health, safety or welfare of the public, or any adjoining or adjacent property owners, exists due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;
An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;
A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property;
Any other reasonable indicia of abandonment.
[Added 4-17-2023 by Ord. No. 2023-03]
a.
A creditor filing a summons and complaint in an action to foreclose upon a real property within the Borough shall, within 10 days after serving such summons and complaint, and annually thereafter, file a registration statement for such property in foreclosure with the Borough Clerk on forms provided by the Borough for such purposes.
b.
Each property in foreclosure having a separate block and lot number as designated in the official tax maps of the Borough shall be registered separately.
c.
The registration statement shall include the name, street address, telephone number, and email address (if applicable) of a person 21 years or older, designated by the creditor as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such creditor in connection with the enforcement of this section. The registration statement shall also include the name, street address, telephone number, and email address (if applicable) of the firm and the actual name(s) of the firm's individual principal(s) responsible for maintaining the property in foreclosure. The authorized agent and the responsible person(s) may be the same or different. All such persons shown on the statement must maintain offices in the State of New Jersey or reside within the State of New Jersey.
d.
The registration statement shall identify the date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing.
e.
The registration statement shall further identify whether the property is vacant and abandoned in accordance with the definition set forth in subsection 14-12.2 hereinabove.
f.
The creditor filing a summons and complaint in an action to foreclose shall, if the registered property becomes vacant and abandoned under the definition set forth in subsection 14-12.2 after the property is initially registered with the Borough, update the property registration with the Borough to reflect the change in the property's status within 10 days thereof.
g.
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be valid through December 31st of the year in which it was filed. The creditor shall be required to renew the registration annually and shall pay the registration fee prescribed in subsection 14-12.4 for each property registered. The annual renewal shall be completed by January 1st each year. The initial registration fee shall be pro-rated for registration statements received less than 10 months prior to that date.
h.
The creditor shall notify the Borough Clerk within 10 days of any change in the registration information by filing an amended registration statement on a form provided by the Borough Clerk for such purpose.
i.
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 Borough against the creditor.
[Added 4-17-2023 by Ord. No. 2023-03]
The annual registration fee shall be $500 per property annually for any property that is required to be registered because a summons and complaint in an action to foreclose was filed by the creditor. An additional $2,000 per property annually shall be assessed upon registration or renewal if the property was vacant and abandoned under the definition set forth in subsection 14-12.2 hereinabove when the summons and complaint in an action to foreclose was filed or becomes vacant and abandoned under the definition set forth in subsection 14-12.2 hereinabove at any time thereafter while the property is in foreclosure.
[Added 4-17-2023 by Ord. No. 2023-03]
a.
A creditor filing a summons and complaint in an action to foreclose against a property within the Borough shall be immediately responsible for the care, maintenance, security and upkeep of the exterior of the property in accordance with this chapter.
b.
A creditor filing a summons and complaint in an action to foreclose against a vacant and abandoned property as defined in subsection 14-12.2 hereinabove, or against a property that thereafter becomes vacant and abandoned under the definition set forth in subsection 14-12.2 hereinabove at any time while the property is in foreclosure, shall:
1.
Enclose and secure the property against unauthorized entry as provided in the applicable provisions of the Borough Code, or as set forth in any such rules and regulations supplementing same; and
2.
Post a sign affixed to the inside of the property and visible to the public indicating the name, address, and telephone number of the creditor or an out-of-State creditor's in-State representative or agent for the purpose of receiving service of process; and
3.
Ensure that the property, including yards, fences, sidewalks, walkways, retaining walls, attached or unattached accessory structures and driveways, are well-maintained and free from trash, debris, loose litter, and grass and weed growth; and
4.
Continue to maintain the property in a secure and closed condition, keep the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the property is again occupied, demolished, or until repair and/or rehabilitation of the property is complete.
5.
The creditor shall acquire or otherwise maintain liability insurance, in an amount of not less than $300,000 for properties designed primarily for one to four unit residential use and not less than $1,000,000 for any other property, including, but not limited to, properties designed for multifamily, manufacturing, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the property. Any insurance policy acquired or renewed after the property has become vacant and abandoned shall provide for written notice to the Borough Clerk within 30 days of any lapse, cancellation or change in coverage. The creditor shall attach evidence of the insurance to the annual registration statement. Any registration statement for a vacant and abandoned property that does not include such evidence shall not be a valid registration.
c.
Where a creditor is located out-of-state, the creditor shall be responsible for appointing an in-State representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of subsections 14-12.5a and 14-12.5b hereinabove. Notice of said representative or agent shall be provided to the Borough Clerk per subsection 14-12.3c.
[Added 4-17-2023 by Ord. No. 2023-03]
a.
The enforcement officers designated in subsection 14-12.7 hereof shall be authorized to issue a notice to any creditor that has filed a summons and complaint in an action to foreclose against a property within the Borough, if the enforcement officer determines that the creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of a property in foreclosure or a vacant and abandoned property, or has failed to comply with any other provision or requirement of this chapter.
b.
Where a creditor is an out-of-State creditor, the notice shall be issued to the representative or agent that has been identified by the creditor pursuant to subsection 14-12.5c.
[Added 4-17-2023 by Ord. No. 2023-03]
The duty of administering and enforcing the provisions of this Section 14-12 is conferred upon the Code Enforcement Officer, and/or any other duly appointed representatives.
[Added 4-17-2023 by Ord. No. 2023-03]
a.
A creditor subject to this section that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to this section shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this paragraph shall commence 31 days following the receipt of the notice referenced in subsection 14-12.6a, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice referenced in subsection 14-12.6a.
b.
An out-of-state creditor subject to this section that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-State representative or agent pursuant to this section shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-State representative or agent shall commence on the day after the ten-day period set forth in N.J.S.A. 46:10B-51 and/or N.J.S.A. 40:48-2.12s2 for providing notice to the Borough Clerk that a summons and complaint in an action to foreclose on a mortgage has been filed, and shall continue accruing until such proper registration is filed with the Borough.
c.
A creditor subject to this section that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to register a property pursuant to subsection 14-12.3 shall be subject to a fine not exceeding $2,000. Any fines imposed on a creditor under this subsection 14-12.8c shall commence on the day after the ten-day period set forth in subsection 14-12.3 to register such property and shall continue accruing until such proper registration is filed with the Borough.
d.
No less than 20% of any money collected by the Borough pursuant to this section shall be utilized by the Borough for municipal code enforcement purposes.
[Added 9-29-2025 by Ord. No. 2025-15]
[Added 9-29-2025 by Ord. No. 2025-15]
The purpose of this section is to prevent stored salt and other solid de-icing materials from being exposed to stormwater.
This section establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by the Borough of Fair Haven (privately-owned), including residences, in the Borough to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply.
[Added 9-29-2025 by Ord. No. 2025-15]
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 consistent 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.
Means any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow.
Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
Means a permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the access way from wind driven rainfall). A fabric frame structure is a permanent structure if it meets the following specifications:
Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run through, and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll up door or other means of sealing the access way from wind driven rainfall.
Means any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
Means a person who resides on a residential property where de-icing material is stored.
Means the point of entry into the storm sewer system.
[Added 9-29-2025 by Ord. No. 2025-15]
a.
Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15th and April 15th:
1.
Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through;
2.
Loose materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, ditches and/or other stormwater conveyance channels;
3.
Loose materials shall be maintained in a cone-shaped storage pile. If loading or unloading activities alter the cone-shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use;
4.
Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter to prevent removal by wind; and
(e)
Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile.
(1)
Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used;
5.
Containers must be sealed when not in use; and
6.
The site shall be free of all de-icing materials between April 16th and October 14th.
b.
De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 through April 15.
c.
All temporary and/or permanent structures must comply with all other provisions of the Borough's Municipal Code including building and zoning regulations as well as all applicable federal, state and local statutes, rules, regulations, codes and ordinances.
d.
The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this section are met. The following requirements shall also apply:
[Added 9-29-2025 by Ord. No. 2025-15]
a.
Residents may store de-icing materials outside in a solid-walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the de-icing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur within two weeks of when a Resident becomes aware or should have reasonably been aware, whichever is first, that the container was damaged and/or inadequate.
b.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in subsection 14-13.3 above. Piles of de-icing materials are not exempt from the storage and inspection requirements in subsection 14-13.3, however, even if stored in a permanent structure.
c.
This section does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under another NJPDEP, Division of Water Quality permit.
[Added 9-29-2025 by Ord. No. 2025-15]
This section shall be enforced by the Department of Public Works, Police Department, and/or Code Enforcement or his or her designee during the course of ordinary enforcement duties.
[Added 9-29-2025 by Ord. No. 2025-15]
Any person(s) who is found to be in violation of the provisions of this section shall have 72 hours to complete corrective action. Upon conviction for a violation of the provisions of this section, the violator(s) shall be subject to a fine not to exceed $500 for a first offense; $1,000 for a second offense; and $2,000 for a third or subsequent offense.