Township of Harrison, NJ Article II Exterior Maintenance and Appearance

§ 159-5 Applicability of provisions.

A. Buildings affected.

(1) Every building and the premises on which it is situated, in the Township, used or intended to be used or designed to be used, in whole or in part, for residential or nonresidential purposes shall comply with the provisions of this chapter, whether or not any such building shall have been constructed, altered or repaired before or after the enactment of this chapter and irrespective of any permits or licenses which shall have been issued for the use or occupancy of any such building or premises for the construction, alteration or repair of any such building or for the installation or repair of equipment or facilities therein or thereon prior to the effective date of this chapter. This chapter establishes standards for the occupancy and use of all such buildings and premises and does not replace, modify or lessen standards otherwise established for the construction, repair, alteration or use of such buildings and premises, equipment or facilities contained therein or thereon, except as provided in this section. Where there is mixed occupancy of such buildings and premises, the residential and nonresidential uses thereof shall be regulated by and be subject to the applicable provisions of both this chapter and the combined Land Use Code and other applicable ordinances of the Township of Harrison.

(2) Vacant lots, lands and premises are also required to comply with the provisions of this chapter.

B. Higher standards to prevail. All premises in the Township shall be subject to the provisions of this chapter. Nothing in this chapter shall limit or impair any of the existing remedies of the Township or its officials. In any case where the provisions of this chapter shall impose a higher standard than set forth in any other Township ordinance or law of the State of New Jersey, then the standards set forth herein shall prevail; but if the provisions of this chapter impose a lower standard than any other Township ordinance or law of the State of New Jersey, then the higher standard shall prevail.

C. Issuance and renewal of other permits and licenses. After the date of enactment hereof, all licenses, permits and certificates of occupancy relating to such buildings and premises which may be issued or renewed only upon compliance with this chapter as well as compliance with the ordinance under which such licenses and permits may be granted or renewed.

D. Compliance with other ordinances required. Compliance with this chapter shall not constitute a defense against the violation of any provision of any other ordinance of the Township applicable to any building or premises.

E. Compliance by owners and operators. Owners and operators shall have all the duties, obligations and responsibilities prescribed in this chapter, and no such person or entity shall be relieved of any such duty, obligation or responsibility hereunder nor be entitled to assert as a defense against any charge made against him or them for violation of this chapter the fact that another owner, or operator or any other person or entity is also responsible therefor and in violation thereof.

F. Compliance with Uniform Construction Code. Any alterations to buildings, structures or appurtenances thereto, or changes or use therein, which may be caused directly or indirectly by the enforcement of this chapter, shall be done in accordance with all applicable sections of the Uniform Construction Code.[1]

[1] Editor's Note: See Ch. 97, Construction Codes, Uniform.

G. Effect on zoning provisions. Nothing contained in this chapter or any requirement of compliance herewith shall be deemed to alter, impair or affect the combined Land Use Code, or zoning laws of the Township.

H. Exemption. Any property under till (e.g. actively being farmed) that is regulated by Chapter 225, Article XI, Right to Farm District, and the agricultural regulations found in § 225-133 of the Land Use Code shall be exempt from the provisions of this chapter, except for the actual farm dwelling.

§ 159-6 Responsibility for maintenance.

A. Responsibilities of owner and operator. Owners and operators shall have all the duties and responsibilities as prescribed in this chapter and the regulations promulgated pursuant thereto, unless specifically set forth to the contrary, and no owner/operator shall be relieved from any such duty and responsibility.

B. Contract not to alter responsibilities. Unless expressly provided to the contrary in this chapter, the respective obligations and responsibilities of the owner and operator shall not be altered or affected by any agreement or contract by and between any other parties.

C. Homeowner associations. All homeowner associations shall be required to adopt by reference this chapter and utilize and follow the minimum standards contained in this chapter.

§ 159-7 Exterior maintenance standards.

All of the provisions in this chapter shall be applicable to both residential and nonresidential buildings and premises, except where specifically provided to the contrary. The exterior of any premises shall be kept free of refuse, nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises and free of unsanitary conditions. It shall be the duty of the owner or operator to keep the premises free of or remove, abate and correct the premises against such conditions, which include but are not limited to the following:

A. Prohibited uses and activities:

(1) Animal excrement piles or vegetable waste, paper, rags, cartons, boxes, fallen tree branches, yard trimmings, objects in a state of general disrepair that are not being used for their original intended purpose, garbage, waste materials, scrap building materials, used tires, scrap metal, glass or wood, appliances in disuse, plumbing fixtures, furniture in disrepair. Prohibitions as to vegetable or animal waste shall not apply to premises that are actively annually farmed, including orchards, and that are subject to farmland assessment.

[Amended 2-21-2012 by Ord. No. 3-2012]

(2) Structurally unsafe or unsound buildings or structurally unsound parts thereof, structurally unsound walls or foundations, and fences.

(3) Wells, shafts or other excavations except those that have been secured or closed in such a way that they are not capable of entry by minor children.

(4) Ground surface hazards, such as holes, excavations, sharp or jagged projections or obstructions, glass or metal shards, projections of pipes, metal rods or similar objects that are not well marked and plainly visible.

(5) Stagnant or recurring accumulations of surface water that are present for more than five days and present a risk of insect infestation, excluding Chapter 188, stormwater management, regulations, facilities and additional requirements for stormwater management facilities and areas outside sewer zones.

(6) Dead or diseased trees or shrubbery; dead or diseased limbs still attached or suspended within trees with a diameter of more than one inch that because of their location might fall on private or public property including rights-of-way. The owner or operator shall be responsible for the removal of vegetation.

(7) The outdoor placement of vehicles, machinery, equipment or parts thereof, including, but not limited to, boats and trailers, regardless of whether they are licensed or registered, which have been dismantled or have been in a state of visible disrepair for more than 30 days; vehicles that are mechanically inoperable or unfit for immediate use on public roadways and that have been in that condition for more than 30 days; unregistered motor vehicles that are operable but have remained unregistered for more than 90 days. Parking areas shall generally be free of grease, oil and debris. Vehicles shall be stored in designated parking stalls, in garages or carports or on driveways.

(8) Chimneys, flues and vent attachments thereto, if used, 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 and constructed and they shall comply with the UCC. Chimneys, flues, vents and other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke-tight and capable of withstanding the temperature and action of flue gases.

(9) Railings associated with exterior porches, landings, balconies, stairs and fire escapes shall be properly designed and kept structurally sound, in good repair, well painted or otherwise provided with a protective treatment to prevent deterioration and free from defects.

(10) Refuse, rubbish or buried rubble, excluding legal landfills.

(11) Trees and limbs or other natural growth which constitutes a hazard or may be dangerous to persons in the vicinity thereof.

(12) Loose, overhanging and projecting objects, whether naturally occurring or man-made, which by reason of location above ground level constitute dangers to persons in the vicinity thereof.

(13) Breaks, projections, icy conditions, uncleared snow, obstructions and excretion of pets on paths, sidewalks, walks, driveways, streets, alleyways, parking lots and other parts of the exterior of the premises which are accessible to and used by persons having access to such premises.

B. Required obligations:

(1) Adequate runoff drains shall be provided and maintained in accordance with applicable Township ordinances to eliminate recurrent accumulations of stormwater.

(2) All premises shall be kept free of rodents, vermin, pest infestation or rodent harborages. An owner of a structure or property shall be responsible for the extermination of insects, rats, vermin or other pests in all exterior and interior areas of the premises.

(3) Foundation walls and retaining walls shall be kept structurally sound, free from defects and damage and capable of sustaining imposed loads safely.

(4) Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall be so maintained as to not constitute a nuisance or a safety hazard. In the event that any such awning or marquee is not properly maintained in accordance with the foregoing it shall together with its supporting member be removed forthwith. Where such awning or marquee is exposed to public view, it shall be maintained in good condition and shall not show evidence of excessive weathering, ripping, tearing or other deterioration.

(5) All sidewalks, steps, driveways, walkway entrances, stairways, parking spaces and similar paved areas shall be maintained in a safe condition and kept in a proper state of repair such as will not constitute a hazard to persons using the premises.

(6) All waterways, brooks, drainage ditches, intermittent waterways and swales shall be maintained free of obstructions which would impede the natural flow of water to be consistent with state rules and regulations and as such the dumping or discarding of lawn clippings, vegetation or yard waste into any running stream or brook shall be prohibited.

(7) Anything which materially increases the risk of fire occurring or fire accelerating on the premises; any substance or arrangement of materials on the premises that materially increases the risk of fire spreading to an adjoining premises; chemicals or other substances hazardous to human health, not safely stored in a sealed container that is inaccessible to children; lead-based paint flakes on the ground where children are likely to be exposed to their presence.

(8) Items of furniture, goods or appliances customarily intended for indoor use except insofar as the specific item is receiving regular use and is kept in good repair. No refrigerator, freezer or similar thing that presents a risk of suffocation to children shall be kept outdoors at any time unless the same is kept under lock or is otherwise altered to eliminate the risk of entry by children.

(9) Grass or weeds of a height of more than six inches. Excluded from this requirement are power line rights-of-way and orchard or farm lands that are actively being farmed, fields or parts of a premises that have not heretofore been sown with commercially grown grass seeds or that heretofore have not been subjected to a regular program of cutting.

(10) Brush, hedges, other plant life that unreasonably obstructs the view of a person entering or exiting by motor vehicle from any driveway; obstructs to any degree the visibility of any children entering an existing marked crosswalk. Brush, hedges, other plant life within 25 feet of the edge or curbline of two intersecting streets unless such plant life shall be kept to a height of not more than 30 inches above the pavement. Exceptions shall exist for signage, street furniture and leaf collection.

(11) Any pool or other large vessel containing water that has not been chemically treated and has become a potential source of insect breeding or a source of malodorous smells; any pool that has fallen into disrepair and that was not used for its intended purpose in the preceding 12 months.

(12) Any physical condition which is potentially dangerous, detrimental or hazardous to the health or safety of persons on, near or passing in proximity to the premises where the condition exists, including any condition that would constitute a nuisance according to the statues, laws and regulations of the State of New Jersey. Any condition that would serve as a source of offensive odors readily detectable on adjoining properties, which source of odors is recurrent or which has been allowed to exist for more than 24 hours. Excluded are odors that are incidental to the ordinary farming and livestock raising practices employed in this community.

(13) It shall be unlawful for any person or persons, corporation or otherwise, to throw wastepaper, grass clippings, sweepings, ashes, household waste, rubbish, paper, trash, garbage or any other waste material of any kind onto another person's property or into any street, avenue or highway, cartway and right-of-way in the Township of Harrison or to interfere with, scatter or disturb the contents of any receptacle or receptacles containing waste material of any nature or description, which shall be placed upon any pavement, street or sidewalk in the Township of Harrison for collection by any duly authorized agency of the Township or otherwise. A trash container may be placed in the street along the curb or edge of pavement and within the grassy strip between the path, sidewalk or walk and the curb or edge of pavement as long as traffic, drainage, parking and pedestrian circulation is not impeded, and pursuant to the collection procedures and regulations set forth in Chapter 185 of the Code of the Township of Harrison.

[Amended 3-19-2012 by Ord. No. 23-2012]

(14) The property shall be maintained free of mold, mildew, algae and/or moss on all exterior structures and buildings.

[Added 7-17-2017 by Ord. No. 22-2017]

(15) All property shall be maintained in a secure manner so as not to be accessible to unauthorized persons. A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure. Broken windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure must be repaired. Broken windows shall be secured by reglazing of the window. Except in the event of a temporary emergency condition (for example, fire or storm conditions), doors, windows and/or garage doors shall not be boarded and/or covered. If required, all doors, windows and/or garage doors shall be repaired and/or replaced such that they can be properly locked in a secure manner.

[Added 7-17-2017 by Ord. No. 22-2017]

C. A residential property owner or a place of worship or nonprofit shall not be liable for the condition of a path, sidewalk or walk unless the owner did something to cause the defect. Uneven pavement from tree roots, normal wear or cracking shall be the responsibility of the homeowner to fix. A nonresidential property owner shall be liable for the condition of both the path, sidewalk or walk and grassy strip between the path, sidewalk or walk and the curb or edge of pavement.

D. The exterior of every building or accessory building, including fences, shall be maintained in good order and repair. It shall be maintained free of conditions reflective of extensive deterioration and subnormal maintenance, characterized by such conditions as broken panes of glass, excessively peeling paint, openings unprotected by doors or windows, loose or missing siding or roof coverings affecting 5% or more of the outside surface, numerous instances of rotting wood or crumbling stones or bricks, defective or inoperable leaders or gutters which permit water damage to the property, to the end that the property itself may be preserved, safety and fire hazards eliminated and the general welfare of the neighborhood protected.

E. A formally constructed mulch or composting structure is permitted for the conversion of vegetative matter into compost. The compost structure shall be situated or located within 20 feet of the rear yard property line and shall not be placed within 20 feet of the side yard property lines.

[Added 2-21-2012 by Ord. No. 3-2012]

§ 159-8 Appearance of exterior of premises.

[Amended 3-19-2012 by Ord. No. 23-2012; 9-3-2024 by Ord. No. 18-2024]

A. Residential buildings and premises. The exterior of residential buildings and premises shall be maintained so as to facilitate the elimination of health, safety, and fire hazards and so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of the neighborhood, including but not limited to the following:

(1) There shall not be stored or used at an outside location equipment and material relating to construction, commercial or business uses unless there is a valid construction or home office permit in effect for that site.

(2) No person shall park, stop or stand any motor vehicle or permit or suffer the same to be done in any front yard area of any residential building except on driveways and parking areas located, constructed and installed in compliance with applicable Township ordinances.

(3) No person shall place, keep and/or store a trash or recycle container or cart in the front area of the principal dwelling or building. All trash and recycle containers and carts shall be placed, kept and/or stored on the side or rear portion of the principal dwelling or building, except as permitted in § 185-5A(2) of the Code of the Township of Harrison.

B. Parking and storage of vehicles on properties with residential uses.

(1) The purpose of this section is to establish standards for the outdoor storage of motor vehicles and nonmotorized vehicles on properties with residential uses. These standards are intended to protect property values by reducing visual blight, aid in emergency access and fire safety, guard against the creation of rodent and pest harborage, and reduce the impact on the natural environment from the leaking of motor vehicle fluids.

(2) Limitation on number of vehicles. No more than one (1) of the following may be parked, stored or kept on property utilized or zoned for residential purposes:

(a) Recreational home that is equal to or less than 28 feet in length.

(b) Mobile transport vehicle.

(c) Recreational vehicle that is equal to or less than 28 feet in length.

(d) Commercial vehicle having a rated maximum gross vehicle weight of 11,000 pounds or less.

(e) School bus as defined in N.J.S.A. 39:1-1.

(f) Type II van with a seating capacity of 16 or less.

(3) Parking or storage of vehicles, except for loading and unloading activities, is not permitted unless there is compliance with the following:

(a) The vehicle (except for kayaks and canoes which need not be sight-screened) is housed within a garage or within a carport which is sight-screened from abutting properties by solid wall or fence made of wood, brick, block or other permitted material or sight-obscuring landscaping.

(b) The vehicle (except for kayaks and canoes which need not be sight-screened) may be located within a side or rear yard if in compliance with setback requirements applicable to accessory structures and sight-screened from abutting properties by a solid wall or fence made of wood, brick, block or other permitted material or sight-obscuring landscaping. The vehicle shall be located behind the furthest front face of the main building, as measured from the front property line or front right-of-way line. No storage of such vehicle shall be permitted on a corner lot in the front yard setback space by the Zoning Ordinance[1] for the yards adjacent to the streets.

[1] Editor's Note: See Ch. 225, Zoning.

(c) The storage or parking of vehicles shall be limited to a parcel of land upon which is located an inhabited dwelling unit and the vehicle which is stored or parked shall be owned by the occupant of that unit.

(d) All vehicles stored or parked outside shall be maintained clean, in well-kept condition which does not detract from the appearance of the surrounding area. Vehicles which are kept on site shall be operational and currently registered and licensed and ready for use, if applicable.

(e) All motorized vehicles shall be parked or stored on a hard-surfaced area or on a surface free from weeds or other vegetative growth. The approach between the driveway and the parking area does not need to be paved. When a surface other than blacktop or concrete is used, all loose material must remain within the parking area, and not be deposited on adjacent lots, sidewalks or public rights-of-way. Nonmotorized vehicles and vehicles that do not have fluids are allowed to park on a grass surface.

(f) The outdoor storage of vehicles shall not be deemed to prevent the use of vehicles associated with a permitted home office and any vehicle engaged in delivery, pickup and service to the residential premises where located.

(4) Sight screening. Vehicles that are being stored outside shall be reasonably screened at the ground level from all surrounding adjacent properties and public or private streets. A fence or live plantings must be provided when the vehicle is visible from adjacent and abutting properties. Except where screening would limit legal access to a street, screening must be provided between a vehicle and public streets. If a fence is used, it must screen the maximum amount of the vehicle possible while meeting other requirements of the Land Use Code, such as the six-foot maximum height for a fence. If live plantings are used, they must reasonably screen the length and height of the vehicle at the time of planting.

(5) Prohibition of occupancy. No vehicles shall be occupied for human habitation while parked on the residential property.

(6) Prohibition of driving or parking on sidewalks. No vehicle shall be parked on, stored or driven over any public sidewalk at any time, except as such sidewalk has been integrated into an approved driveway.

(7) The parking and storage of vehicles referred to in § 159-8B(2) shall not be permitted in or upon lands utilized for: 1) mixed-occupancy; and 2) transient accommodation as defined in N.J.S.A. 40:48E-2, excepting any hotel, as defined therein, provided the vehicle operator is a registered guest of the hotel.

(8) In addition to the vehicles listed in § 159-8B(2), one limousine may be parked on a residential driveway. It need not be sight-screened.

(9) Any unregistered vehicles shall be removed from the site within 30 days after the owner or operator receives written notification from the Enforcement Officer.

C. Nonresidential and mixed-occupancy buildings. The exterior of nonresidential and mixed-occupancy buildings and premises shall be maintained so that the appearance thereof shall not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties including the following:

(1) Any permanent sign and billboard exposed to public view shall be maintained in good repair. Any permanent sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with its supporting members, be removed forthwith or put into a state of good repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith. Permanent signs and billboards shall not be located within a public right-of-way.

(2) Signs or advertisements; removal.

(a) Except for "for rent" signs, any temporary window lettering or signs advertising special sales events shall be removed within two days following the advertised event or within 30 days after erection, whichever is earlier.

(b) Temporary window lettering or signs in conjunction with any permanent window lettering or sign shall not cover, in the aggregate, more than 50% of the window area.

(3) All windows exposed to public view shall be kept clean and free of marks and foreign substances. Except when utilized for display purposes, no materials, stock or inventory shall be permitted in window display areas exposed to public view unless such areas are first screened by drapes, venetian blinds or other means of making the windows opaque. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.

(4) All storefronts and the exteriors of all buildings shall be kept in good repair, painted where required or otherwise provided with protective treatment sufficient to prevent deterioration and shall not constitute a safety hazard or nuisance. In the event that repairs to a storefront become necessary, such repairs shall be made in harmony with the original design with the same materials or materials of appearance similar to those used in the construction of the storefront in such a manner as to permanently repair the damaged area or areas.

(5) No shopping baskets, carts or wagons shall be left unattended or standing in open areas and shall be collected at the close of business each day and removed to the interior of the building or placed along an exterior building wall.

(6) Any area designated for trash, refuse, or garbage disposal shall be totally screened, and plants shall be provided as part of the site plan, including the location, type of screening, height of screening, and access to site, and specifically provide for recycling areas, as well to be screened and shown on the site plan. The purpose is to screen recycling, trash, refuse and garbage disposal areas, so that they shall not be visible outside of the screen. Dumpsters and other trash containers shall be stored within approved enclosures at all times and shall be rolled out to vehicles for collection. The enclosure including gates shall be maintained in good condition. Gates shall remain closed at all times except during collection. No trash shall be visible above the height of the enclosure. All trash, refuse, garbage and dumpster materials may be handled privately and shall not be the responsibility of the Township of Harrison.

D. Occupied and vacant buildings. Every occupied and vacant dwelling, building (residential or commercial) or other similar structure shall comply with the following requirements:

(1) All exterior doors and windows shall be kept in sound working condition free of broken glass.

(2) All exterior doors shall be equipped with a workable lock or locking device and shall be kept securely locked during the period of time said building is vacant.

(3) All windows shall be secured by latch, lock or other means so as to prevent easy entry into such structure by children, vagrants, or unauthorized persons.

(4) All exterior walls and roofs shall be kept in good repair, painted where required, and free of holes, cracks, defective materials and structural deterioration so as to keep such building from becoming a breeding place for rodents, roaches and disease-carrying insects.

(5) The exterior of said building and the premises thereon shall be kept free of any accumulation of flammable or combustible rubbish or waste materials of sufficient quantity to constitute a danger to said buildings or any other building or premises in the event that such waste materials become ignited.

(6) The exterior of the premises shall be kept free of any accumulation of trash, garbage, rubbish or any waste material of such quantity as to constitute an unsanitary condition.

(7) Any existing fence shall be maintained in good order and repair.

E. Burned structures. Whenever any building or structure suffers fire damage, the owner or person in control shall, within six months after completion of the scene investigation by the Fire Chief of the Ewan or Harmony Fire Company and/or insurer of the property, remove from the premises all refuse, debris, and all other charred and partially burned lumber and material. If such building or structure shall be burned to such an extent that it is rendered incapable of being repaired, the owner or person in control shall, within six months after completion of the scene investigation by the Fire Company and/or insurer of the property, remove from the premises all the remaining portion of the building or structure. If the building or structure is to be repaired, work shall begin within six months and shall be completed within one year after completion of the scene investigation by the Fire Company and/or insurer of the property.