Applicable to All Developed Property
Unless specifically stated to the contrary, the Zoning Officer,
Construction Official, Health Officer, or their designees, shall administer
and enforce the provisions of this chapter as specified herein and
shall issue all necessary notices or orders to ensure compliance with
this chapter.
A.
The enforcement of this chapter by the Code Officials shall occur
in conjunction with their assigned duties and responsibilities.
B.
For property maintenance purposes, whenever, in the enforcement of
this chapter and other codes and ordinances, it becomes necessary
to subject a given building to multiple inspections in the same general
time frame, it shall be the duty of all involved inspectors to coordinate
their inspections and administrative orders as much as possible so
that the owners and occupants of the structure shall not be subjected
to inspections more numerous than necessary, nor to multiple conflicting
orders. Whenever a Code Official observes a violation of some law,
ordinance or code of the jurisdiction that is not within the Code
Official's authority to enforce, the Code Official shall report the
findings to the official having jurisdiction, in writing, in order
that such official may institute the necessary corrective measures.
C.
At the request of the Code Official, any officer, agent or employee
of the Borough shall assist the Code Official in the enforcement,
interpretation or implementation of this chapter.
A.
Scope. Unless otherwise expressly stated, the following words and
terms shall, for the purposes of this code, have the meanings shown
in this chapter.
B.
Interchangeability. Words stated in the present tense include the
future; words stated in the masculine gender include the feminine
and neuter; the singular number includes the plural and the plural
the singular.
C.
Terms defined in the other codes. The following terms shall have the meanings indicated except where the context clearly requires otherwise. Where a term is not defined then the definition of that term found within the standards referenced by Section 133-6 of this chapter shall govern.
D.
APPROVED
BUILDING
BUILDING CODE
CLOTHING BIN
CODE OFFICIAL
COMMERCIAL ACTIVITY
COMMERCIAL PREMISES
DEVELOPED PROPERTY
DWELLINGS:
EXTERIOR PROPERTY
EXTERMINATION
GARBAGE
GOOD REPAIR
INFESTATION
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
OCCUPANT
OPERATOR
OWNER
OWNER OF COMMERCIAL PREMISES
PARK
PERSON
PREMISES
PUBLIC PLACE
REFUSE
RUBBISH (or TRASH)
SANITARY CONDITION
STRUCTURE
STRUCTURALLY SOUND
VENTILATION
WORKMANLIKE
YARD
Whenever the words "dwelling unit", "dwelling", "premises", "building",
"rooming house", "rooming unit", or "structure" are stated in this
chapter, they shall be construed as though they were followed by the
words "or any part thereof".
Approved by the Zoning Officer, Construction Official, Health
Officer or other enforcing officer, as the case may be.
Shall be defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.
The New Jersey Uniform Construction Code N.J.A.C. 5:23-1
et seq.
A receptacle used or intended to be used for solicitation
purposes within a municipality and within the meaning of P.L. 2007,
c. 209.
[Added 3-23-2009 by Ord.
No. 06-09]
Shall be defined as the Zoning Officer, Construction Official,
the Health Officer, or their designees.
Includes but is not limited to gasoline stations, retail
sales, professional activities including but not limited to medical,
dental, legal, architectural, accounting, etc., personal services
including real estate, insurance, barbershops, hairdressers, etc.,
nurseries, landscaping businesses, farm stands, repair shops of all
kinds, and amusements including but not limited to movies, skating
rinks, bowling alleys, etc., whether part of a shopping area or not
and any other nonresidential use or activity.
A lot or tract of land on which or on part of which commercial
activity of any kind takes place.
Any premises on which a structure has been erected or other
improvements have been made.
Shall be defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq., the New Jersey Multiple Dwelling regulations,
N.J.A.C. 5:10-1 et seq., The New Jersey Room and Boarding House regulations,
N.J.A.C. 5:27-1 et seq., or the New Jersey State Housing Code, N.J.A.C.
5:28-1 et seq., as the specific case may be.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison spraying, fumigating,
trapping or by any other approved pest elimination methods.
Animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
The structure is maintained in such a manner that there is
no evidence of deterioration, or damaged or loose elements, and, where
appropriate, is capable of preventing the elements (rain, snow, wind)
and rodents from entering the interior areas.
The presence, within or contiguous to, a structure or premises
of insects, rats, vermin or other pests.
Includes the following:
The physical condition or occupancy of any premises regarded
as a public nuisance at common law or as provided by the state laws
or borough ordinances; or
Any physical condition or occupancy of any premises or its appurtenances
considered an attractive nuisance to children, including, but not
limited to, abandoned wells, shafts, basements, excavations and unsafe
fences or structures, lumber, trash, debris or vegetation such as
poison ivy, poison oak or poison sumac; or
Any premises that has unsanitary sewerage or plumbing facilities;
or
Any premises designated as unsafe for human habitation; or
Any premises that is manifestly unsafe or unsecured so as to
endanger life, limb, or property; or
Any premises from which the plumbing, heating or facilities
required by this chapter have been removed, or from which utilities
have been disconnected, destroyed, removed or rendered ineffective,
or the required precautions against trespassers have not been provided;
or
Any premises that is unsanitary, or that is littered with rubbish
or garbage, or that has an uncontrolled growth of weeds; or
Any structure that is in a state of dilapidation, deterioration
or decay; faulty construction; over-crowded; open, vacant or abandoned;
damaged by fire to the extent so as not to provide shelter; in danger
of collapse or failure; and dangerous to anyone on or near the premises;
or
Whatever renders air, food or drinks unwholesome or detrimental
to the health of human beings.
Shall be defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; the New Jersey Multiple Dwelling regulations,
N.J.A.C. 5:10-1 et seq.; The New Jersey Room and Boarding House regulations,
N.J.A.C. 5:27-1 et seq.; or the New Jersey State Housing Code, N.J.A.C.
5:28-1 et seq., as the specific case may be.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy. As to commercial
premises: Any person who has charge, care or control of the commercial
premises or any part thereof, whether with or without the consent
of the owner.
Shall be defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; the New Jersey Multiple Dwelling regulations,
N.J.A.C. 5:10-1 et seq.; The New Jersey Room and Boarding House regulations,
N.J.A.C. 5:27-1 et seq.; or the New Jersey State Housing Code, N.J.A.C.
5:28-1 et seq., as the specific case may be.
Shall be defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; the New Jersey Multiple Dwelling regulations,
N.J.A.C. 5:10-1 et seq.; The New Jersey Room and Boarding House regulations,
N.J.A.C. 5:27-1 et seq.; or the New Jersey State Housing Code, N.J.A.C.
5:28-1 et seq., as the specific case may be.
A park, playground, recreation center or any other public
area owned or used by the borough or local authorized governmental
agencies and devoted to active or passive recreation.
Shall be as defined as specified in the New Jersey Uniform
Construction Code, N.J.A.C. 5:23-1 et seq.; the New Jersey Multiple
Dwelling regulations, N.J.A.C. 5:10-1 et seq.; The New Jersey Room
and Boarding House regulations, N.J.A.C. 5:27-1 et seq.; or the New
Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., as the specific
case may be.
A lot, plot or parcel of land including any structures thereon.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
All solid waste, including garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes.
Combustible and noncombustible waste materials, including
but not limited to residue from burning of coal, wood, coke or other
combustible material; paper, rags; cartons; tin cans; metals; mineral
matter; glass crockery; dust; discarded refrigerators; and heating,
cooking or incinerator-type appliances.
The structure is maintained in such a manner that there is
no accumulation of litter or debris and no rodent or pest infestation.
That which is built or constructed or a portion thereof.
The structure is maintained in such a manner that there are
no loose or collapsing pieces and all structural elements safely perform
their intended functions.
The natural or mechanical process of supplying conditioned
or unconditioned air to, or removing such air from, any space.
Executed in a skilled manner; e.g. generally plumb, level,
square, in line, undamaged, and without marring adjacent work.
An open space on the same lot with a structure.
A.
Access by the Code Official. Every owner and occupant of a structure,
premises, dwelling, dwelling unit, or rooming unit shall give free
access to the Code Official, at all times, after reasonable notice
has been given, for the purpose of inspecting, examining or surveying
the premises for safety and health purposes. Notwithstanding the preceding,
however, whenever the Code Official has reasonable cause to believe
that there exists any condition which makes such structure, premises,
dwelling, dwelling unit or rooming unit unsafe, the Code Official
may enter same without providing notice in order to conduct an inspection
or perform any duty imposed upon the Code Official pursuant to law.
If such premises are occupied at the time, the Code Official shall
first present proper credentials and demand entry.
B.
Access by owner or operator. Every occupant of a structure or premises
shall give the owner or operator thereof, or agent or employee, access
to any part of such structure or its premises at all times, after
reasonable notice has been given, for the purpose of making any inspections,
maintenance, repairs or alterations as are necessary to comply with
this chapter.
A.
Notice to owner or to person or persons responsible. Whenever the
Code Official determines that there has been a violation of this chapter,
or has grounds to believe that a violation has occurred, notice shall
be given to the owner or the person or persons responsible therefor
as set forth herein.
B.
The prescribed notice shall:
(1)
Be in writing;
(2)
Include a description of the real estate sufficient for identification;
(3)
Include a statement of the reason or reasons why the notice is being
issued; and,
(4)
Include a correction order, allowing a reasonable time for the repairs
and improvements required to bring the dwelling unit, structure, use,
or activity into compliance with the provisions of this chapter, including
a statement of actions that may be taken for failure to comply with
the order.
C.
Notice, rules, decisions and orders issued and served pursuant to
this chapter shall be effective if served by any one of the methods
set forth below:
(1)
By personal delivery; or
(2)
By leaving the document at the addressee's office or dwelling unit
with a person 14 years of age or older; or
(3)
By certified mail return receipt requested to the person's last known
address; however, if the document is returned as "refused" or "unclaimed"
with no indication of a change of address, service may be made by
ordinary mail to the same address; or
(4)
If on an owner of a nonresidential use, by serving the document on
the Secretary of State, who shall be deemed the owner's agent for
service of process; if:
(5)
The date of personal service or the third day after certified mailing
shall be considered the date of service.
(6)
A copy of any notice or order served upon the owner of a state-leased
or owned property shall be sent to the Director of Property and Facilities
Management, Department of Treasury.
A.
When a structure inspected pursuant to this chapter is found to be
unsafe by the Code Official, in addition to any other enforcement
actions authorized by this chapter or other laws, regulations, or
ordinances, the Code Official shall immediately prepare a written
report to the Construction Official notifying of the existence of
the structure and the reasons why the Code Official believes the structure
to be unsafe or unfit for human habitation.
(1)
Construction Code investigation. The Construction Official shall
use such written report in causing an inspection of the structure
pursuant to N.J.A.C. 5:23-2.32.
(2)
Structure unfit for human occupancy. A structure is unfit for human
occupancy whenever the Zoning Officer, Construction Official or Health
Officer finds that such structure is unsafe, unlawful, because of
the degree to which the structure is in disrepair, or lacks maintenance,
is unsanitary, vermin or rat infested, contains filth and contamination,
or lacks ventilation, illumination, sanitary or heating facilities
or other essential equipment required by this chapter or because the
location of the structure constitutes a hazard to the occupants of
the structure or to the public.
(3)
Unlawful structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted under the referenced
standards of this chapter, or was erected, altered or occupied contrary
to law.
B.
Notice, request for hearing, unsafe or unfit building. Whenever a petition is filed with the Zoning Officer, Health Officer or Construction Official 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, occupancy or use, as herein defined, or whenever it appears to the Zoning Officer, Construction Official or Health Officer, on his own determination, that any building is unfit for human habitation, occupancy or use, as herein defined, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of, and parties in interest in such building, a notice pursuant to Section 133-4 or the relevant referenced standard that the notice is issued pursuant to.
Pursuant to N.J.S.A. 40:49-5.1, et seq., the New Jersey Uniform
Construction Code, N.J.A.C. 5:23-1 et seq.; the New Jersey Multiple
Dwelling regulations, N.J.A.C. 5:10-1 et seq.; the New Jersey Room
and Boarding House regulations, N.J.A.C. 5:27-1 et seq.; and the New
Jersey State Housing Code (Current Version), N.J.A.C. 5:28-1 et seq.,
as approved by the Department of Community Affairs and filed in the
Secretary of State's Office are hereby accepted, adopted and established
as the standards to be used as a guide in determining the fitness
of a building, structure, or premises for human habitation, occupancy
or use for the enforcement of this chapter. Copies of these codes
have been placed on file in the Office of the Borough Clerk and are
available to all persons desiring to use and examine same. Nothing
herein shall be construed to repeal any standards set forth in the
Land Use Code.
If the structure is unfit for human habitation and occupancy,
and is not in danger of structural collapse, the Code Official is
authorized to vacate the structure, post a placard of imminent hazard
on the premises and order the structure closed up so as not to be
an attractive nuisance. Where a residence must be vacated, the Code
Official shall cause the residents to be advised of the possible availability
of relocation assistance and direct them to the appropriate agencies.
Upon failure of the owner to close up the premises within the time
specified in the order, the Code Official shall cause the premises
to be closed through any available public agency or by contract or
arrangement with private persons and the cost thereof shall be charged
against the real estate upon which the structure is located and shall
be a lien upon such real estate. The provisions of this section are
in addition to penalties for violation, which may be assessed under
the provisions of Section 133:21.
A.
Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place on or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with and in the form prescribed by Section 133-4.
B.
Placarding. Upon failure of the owner or person responsible to comply
with the notice provisions within the time given, the Code Official
shall post on the premises, a placard warning any person against entry
and a statement of the penalties provided for occupying the premises
or removing the placard.
C.
Prohibited occupancy. Any person who shall occupy a placarded premises
and any owner or any person responsible for the premises who shall
let anyone occupy a placarded premises shall be liable for the penalties
provided in this chapter and any of the referenced standards contained
herein.
D.
Removal of placard. The Code Official shall remove the condemnation
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated. Any person
who defaces or removes a condemnation placard without the approval
of the Code Official shall be subject to the penalties provided in
this chapter.
A.
The owner shall be responsible for the safe and proper maintenance
of the premises at all times.
B.
Owners of premises which are, or which contain, one or more uses
subject to this chapter, shall have concurrent responsibility with
the occupants for compliance with this chapter. No person shall be
required to abate any violations which he has no power to abate or
to require to be abated. If a violation is served on an owner who
cannot comply due to lack of authority, within five days of receipt
of the notice of violation, the owner shall provide notice of the
violation to the party with authority and inform the Code Official
of such party's name and address.
C.
If an occupant of a premises creates conditions in violation of this
chapter, by virtue of occupancy, storage, or use of the premises,
the occupant shall also be responsible for the abatement of said conditions.
D.
A person shall be deemed to have violated or caused to have violated
a provision of this chapter if an officer, agent, employee, or tenant
under his control and with his knowledge has violated or caused to
have violated any of the provisions of this chapter.
E.
Subsequent owners or those succeeding to control over the premises
shall be responsible for correcting unabated violations and for the
payment of outstanding fees and/or penalties.
A.
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 or safety.
B.
Where the premises of vacant structures have become overgrown with brush, grass or weeds, or minor repairs are necessary to protect the health, safety or welfare of the general public, and the owner, after notice, has failed to cut the grass, brush or weeds or make the necessary repairs, the Code Official may cause the work to be done through any available public agency or by contract or arrangement with private persons and the cost thereof shall be a lien upon such real estate. The provisions of this section are in addition to penalties that may be assessed under the provisions of Section 133-28.
A.
Sanitation. 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.
B.
Grading and drainage. All premises shall be graded and maintained
so as to prevent the accumulation of stagnant water, except for water
retention areas and reservoirs approved by the borough.
C.
Stairs, driveways, parking spaces and similar areas. All stairs,
driveways, parking spaces and similar areas shall be kept in a proper
state of repair, and maintained free from hazardous conditions.
[Amended 3-5-2013 by Ord.
No. 02-13]
D.
Sidewalks and walkways. Any person owning any land fronting upon
any street, sidewalk or walkway in the Borough shall, at their own
charge and expense, maintain in good repair, in accordance with the
requirements of this article and regulations promulgated hereunder,
the sidewalk or walkway in front of such house or premises or lot.
The surface of all concrete sidewalks shall be kept properly roughened
so as not to become smooth and slippery.
[Added 3-5-2013 by Ord.
No. 02-13]
E.
Weeds. All premises and exterior property shall be maintained free
from weeds or plant growth in excess of six inches. 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, gardens or ornamental
plants.
[Amended 3-5-2013 by Ord.
No. 02-13]
F.
Rat harborage. All structures and exterior property shall be kept
free from rat infestation. Where rats are found, approved processes
shall promptly be used to exterminate them. Such measures shall not
be injurious to human health. After extermination, proper precautions
shall be taken to prevent reinfestation.
[Amended 3-5-2013 by Ord.
No. 02-13]
G.
Accessory structures. All accessory structures, including detached
garages, sheds, fences and walls, shall be maintained structurally
sound and in good repair. Any accessory structure found to be in violation
of this section shall be repaired or removed.
[Amended 3-5-2013 by Ord.
No. 02-13]
H.
Fields. The borders of all fields which abut residential properties
or public roads shall be maintained free from weeds or noxious plant
growth in excess of six inches in height for a distance of 10 feet
from the property line or paved roadbed or to the edge of the cultivated
field, whichever is less.
[Amended 3-5-2013 by Ord.
No. 02-13]
I.
Line of sight (residential and nonresidential). On a lot within the corner clearance area determined as provided in this section, no wall, fence or other structure shall be erected to a height in excess of 2 1/2 feet; no vehicle, object or other obstruction of a height in excess of 2 1/2 feet shall be permitted within the corner clearance area; and no hedge, tree, shrub or other growth shall be maintained at a height in excess of 2 1/2 feet above the nearest edge of pavement, except that trees with a trunk diameter (measured three feet above ground level) less than 15 inches and branches are trimmed away to a height of at least 10 feet above the edge of pavement shall be permitted. Such corner clearance area is defined as the area located within the corner of a lot that is formed by the intersection of two roads established by a line drawn between the fronting right-of-way lines at a point that is no closer than 25 feet from the intersecting road right-of-way. The corner clearance area shall also include the area located 10 feet along the 25 feet of rights-of-way measured from the edge of pavement. All brush, hedges, trees or other vegetation growing within 10 feet of any roadway must be kept to a height of not more than 2 1/2 feet above the edge of pavement. If the owner of any premises has failed, after notice, to modify or remove any wall, fence, structure or other object or trim or remove any hedge, tree, shrub or other vegetation to comply with this section, such features shall be considered nuisances within the meaning of N.J.S.A. 40:48-2.12-14, as amended, and the Code Official may cause the abatement or correction of the condition to comply with the provisions of this subsection, to be done through any available public agency or by contract or arrangement with private persons and the cost thereof shall be a lien upon such real estate. The provisions of this subsection are in addition to penalties that may be assessed under the provisions of Section 133-28.
[Amended 12-14-2010 by Ord. No. 15-10; 3-5-2013 by Ord. No. 02-13]
A.
The exterior of a structure shall be maintained in good repair, structurally
sound and sanitary so as not to pose a threat to the public health,
safety and welfare.
B.
Structural members. All structural members shall be maintained free
from deterioration, and shall be capable of safely supporting the
imposed dead and live loads.
C.
Foundation walls. All foundation walls shall be maintained plumb
and free from open cracks and breaks and shall be kept in such condition
so as to prevent the entry of rats.
D.
Exterior walls. All exterior walls shall be free from holes, breaks,
loose or rotting materials, and maintained weatherproof and properly
surface coated where required to prevent deterioration.
E.
Roofs and drainage. The roof and flashing shall be sound, tight and
not have defects that admit rain. Roof drainage shall be adequate
to prevent dampness or deterioration in the walls or interior portion
of the structure. Roof water shall not be discharged in a manner that
creates a public nuisance.
F.
Decorative features. All cornices, belt courses, corbels, terra cotta
trim, wall facings and similar decorative features shall be maintained
in good repair with proper anchorage and in a safe condition.
G.
Overhang extensions. All canopies, marquees, signs, metal awnings,
stairways, fire escapes, standpipes, exhaust ducts and similar overhang
extensions shall be maintained in good repair and be properly anchored
so as to be kept in a safe and sound condition. When required, all
exposed surfaces of metal or wood shall be protected from the elements
and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
H.
Chimneys and towers. All chimneys, cooling towers, smoke stacks,
and similar appurtenances shall be maintained structurally safe and
sound, and in good repair. All exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar
surface treatment.
I.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
J.
Windows and door frames. Every window, door and frame shall be kept
in sound condition, good repair and weather tight. Every window, other
than a fixed window, shall be easily operable and capable of being
held in position by window hardware.
K.
Glazing. All glazing materials shall be maintained free from cracks
and holes.
L.
Insect screens. During the period from April 15 to October 15, every
door, window and other outside opening utilized or required for ventilation
purposes serving any structure containing habitable rooms, food preparation
areas, food service areas, or any areas where products to be included
or utilized in food for human consumption are processed, manufactured,
packaged or stored, shall be supplied with approved tightly fitting
screens of not less than 16 mesh per inch and every swinging door
shall have a self-closing device in good working condition. Screen
doors shall not be required for out-swinging doors or other types
of openings which make screening impractical, provided other approved
means, such as air curtains or insect repellant fans, are employed.
Doors installed to comply with this section shall be installed in
a manner that does not violate the means of egress requirements of
the referenced standards.
M.
Doors. All exterior doors and hardware shall be maintained in good
condition. Locks at all entrances to dwelling units, rooming units
and guestrooms shall tightly secure the door.
N.
Basement hatchways. Every basement hatchway shall be maintained to
prevent the entrance of rats, rain and surface drainage water.
O.
Guards for basement windows. If vermin are found in a building, the building shall be treated to eliminate observed vermin from the inside as provided in Section 133-10E. Following treatment, every basement window that is operable or open shall be supplied with shields, storm windows or other approved protection against the entry of vermin, when the building is unoccupied or inspection confirms the presence of vermin in the building.
A.
Nonresidential zones. In all nonresidential zones, no article or material shall be kept, stored or displayed outside the confines of a building unless such article or material is so screened by special plantings, walls or a fence and shown and approved by the original site plan. The storage area shall not be visible from an adjacent residential zone, a public street or from an interior driveway between public streets and the principal buildings. In all cases outdoor storage shall be in compliance with the standards referenced in Section 133-6.
B.
Residential zones.
[Amended 6-14-2011 by Ord. No. 10-11]
(1)
In any residential zone outdoor storage is prohibited in all
defined "front yard" areas, with the exception of recreational vehicles
as described below. Outdoor storage, including recreational vehicles
shall be permitted in all "side" and "rear" yard areas provided said
storage is screened from view from a public street and property lines.
Required extent of screening shall be to shield approximately 1/2
of the stored materials or items from view.
(a)
Outdoor storage of a recreational vehicle in a defined "front
yard" area shall be permitted provided said vehicle is located within
an approved driveway. Said recreational vehicle shall also be located
as far from the public right-of-way as is practical. Furthermore,
said recreational vehicle may not be located within a required side
yard setback unless it is screened in accordance with Subsection B(1)
above.
(2)
The permitted area of outdoor storage on a property shall not
exceed 20% of the principal structure footprint area.
(3)
One motor vehicle, shall be permitted to be stored and repaired,
(including, but not limited to, removal of tires) outside of a garage
on an approved driveway. While such motor vehicle is in a state of
disrepair it shall be completely covered with a properly fitting vehicle
cover when repair work is not being performed. Said vehicle cover
shall be clean and in like new condition, free of tears or patches.
A "tarp" shall not be considered a properly fitting cover. Such motor
vehicle shall be titled and registered to the property owner and the
repair period shall not exceed 30 days.
C.
All zones.
[Amended 6-14-2011 by Ord. No. 10-11]
(1)
Outdoor storage, except for those items customarily used in
conjunction with and incidental to an approved principal use, is a
prohibited accessory use in all zones.
(2)
Outdoor storage shall be prohibited as a principal use in all
zones.
(3)
The area utilized for outdoor storage shall be considered impervious
surface.
(4)
All recreational vehicles not being stored on a trailer must
be registered. In the case of a vehicle on a trailer, the trailer
must be registered.
(5)
Recreational vehicles being stored shall be maintained in good
repair and shall be in a clean, sanitary condition.
[Added 3-23-2009 by Ord.
No. 06-09]
A.
Clothing bins, as well as any improvements around them, including but not limited to fencing or landscaping shall be compliant with the requirements of Chapter 133 of the Borough Ordinance (Property Maintenance Code). The owner, jointly and severally, with any person who places the clothing bin on the property shall be responsible for property maintenance violation of the clothing bins.
