[HISTORY: Adopted by the Township Committee
(now Mayor and Council) of the Township of North Brunswick: Art. I
as indicated in article histories. Adopted by the Mayor and Council
of the Township of North Brunswick: Art. II et seq. as indicated in
article histories. Amendments noted where applicable.]
[Adopted 4-6-1970]
This article shall be known as the "Commercial
and Multifamily Dwelling Maintenance Code of the Township of North
Brunswick," referred to in this article in the short form as "this
code."
[Amended 5-18-1998 by Ord. No. 98-6]
The purpose of this article is to protect the
public health, safety and welfare by establishing minimum standards
governing the maintenance, appearance and condition of commercial
premises, shopping centers and multifamily dwelling; to establish
minimum heating requirements for rental dwelling units where furnishing
heat is the responsibility of the owner; to fix responsibilities and
duties upon owners, operators and occupants; to authorize and establish
procedures for the inspection of commercial premises, shopping centers
and multifamily dwellings; to fix penalties for the violations of
this code; and to provide for the right of access by the agents and
employees of the Township to enforce compliance with the provisions
hereof whenever necessary. This code is declared to be remedial and
essential for the public interest, and it is intended that this code
shall be liberally construed to effectuate the purposes as stated
herein.
The following terms, wherever used herein, shall
have the following meanings, unless a different meaning clearly appears
from the context:
A building or buildings or any part thereof and the lot or
tract of land upon which the building or buildings are situated, where
commercial activity of any kind takes place. Commercial activity shall
include, but is not limited to, gasoline service stations; stores
for retail sales; liquor stores, taverns and inns; restaurants, including,
but not limited to, drive-in restaurants, snack bars, hot dog, hamburger
or ice-cream stands; professional activities, including, but not limited
to, medical, dental, legal, architectural, accounting; personal services,
including, but not limited to, real estate, insurance, barbershops,
hairdressers; repair shops of all kinds; and amusements, including,
but not limited to, movies, skating rinks, bowling alleys; whether
part of a shopping area or not. Commercial activity shall not include
sale of agricultural products produced on the premises.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
Any condition, man-made or natural, which affords a breeding
place or hiding place for rodents, insects or other pests.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
One or more buildings or parts thereof designed or existing
for the temporary or permanent residence, abode or habitation of 10
or more families. Multifamily dwellings shall include, but not be
limited to, high-rise or garden apartments, tenements, hotels, motels
and rooming houses containing 10 or more units.
Any common-law nuisance or as provided by the
laws of the State of New Jersey or the ordinances of the Township
of North Brunswick.
Any attractive nuisance which may prove detrimental
to the health or safety of children, whether in a building or upon
a lot. This includes, but is not limited to, any structurally unsound
fences or structures, lumber, trash, fences, debris or vegetation
such as poison ivy, poison oak or poison sumac, which may prove a
hazard for inquisitive minors.
Abandoned vehicles, trailers, carts, wagons,
vessels or other things. Any vehicle, trailer, cart, wagon, vessel
or other thing which is inoperable, physically or by operation of
law, or which remains outside for a period of more than 72 hours in
an unfenced area of premises which are not used or maintained for
the sale of motor vehicles, trailers, campers or boats, shall be deemed
to have been abandoned.
Any physical condition dangerous to human life
or detrimental to the health of persons on or near the premises where
the condition exists. This includes, but is not limited to: harborage,
as defined above; existence or presence of any water or other liquid
in which mosquito larvae breed or exist; any deposit or accumulation
of trash, litter, garbage, refuse, debris or any organic or inorganic
matter which may attract flies and to which flies may have access
or in which fly larvae or pupae breed or exist; the existence, presence
or maintenance of any brush, weeds, dead and dying trees, stumps,
roots, limbs, obnoxious growth, filth, garbage, trash, refuse and
debris which is or may become a fire hazard or otherwise detrimental
to the health, safety and welfare of persons; the existence or presence
of any ragweed, poison ivy, poison sumac or other noxious growth of
any kind; the presence, existence or maintenance of any holes, excavations,
breaks, projections, obstructions, accumulations of ice, snow or water,
and excretion of pets and other animals on paths, walks, driveways,
parking lots and parking areas and other parts of the exterior of
the premises which are intended for use by persons or which are accessible
to and likely to be used by such persons.
The escape into the open air from any stack,
vent, chimney or any other entrance to the open air of such quantities
of smoke, fly ash, dust, fumes, vapors, mists or gases as endanger
or interfere with the health, safety and general welfare of persons.
Any act or maintenance of any condition which
causes or threatens pollution, as defined by the laws of the State
of New Jersey, of any waters in this township in such a manner as
to endanger the health, safety or general welfare of persons upon
any premises within this township.
Unsanitary conditions or anything unreasonably
offensive to the senses or dangerous to health, in violation of this
chapter.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
Fire hazards.
Any person having actual possession of the premises or any
part thereof.
Any person having charge, care or control of the premises
or any part thereof, whether with or without the consent of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or shall have charge, care
or control of any premises as owner or agent of the owner or as fiduciary,
including, but not limited to, executor, executrix, administrator,
administratrix, trustee, receiver or guardian of the estate, or as
mortgagee in possession regardless of how such possession was obtained.
Any person who is a lessee subletting or reassigning any part or all
of any premises shall be deemed to be a co-owner with the lessor and
shall have joint responsibility over the portion of the premises sublet
or assigned by said lessee.
One or more buildings or parts thereof designed or existing
as a unit, occupied or to be occupied by one or more businesses for
the conduct of retail sales, with parking space.
All commercial premises, shopping centers and
multifamily dwellings and any buildings situated thereon in the Township
of North Brunswick shall comply with the provisions of this chapter,
whether or not such building shall have been constructed, altered
or repaired before or after the enactment of this code. This chapter
establishes minimum standards for the initial and continued occupancy
and use of all such buildings and premises and does not replace or
modify standards otherwise established for the construction, repair,
alteration or use of such buildings or premises contained therein.
Where there is a mixed occupancy with commercial and other uses on
the same premises, all such uses shall be nevertheless regulated by
and subject to the provisions of this chapter.
In any case where the provisions of this chapter
impose a higher standard than is set forth in any other ordinance
of the Township of North Brunswick or under the laws of the State
of New Jersey, then the standards as set forth herein shall prevail,
but if the provisions of this chapter impose a lower standard than
any other ordinances of the Township of North Brunswick or the laws
of the State of New Jersey, then the higher standard contained in
any such other ordinance or law shall prevail.
Owners and operators shall have all the duties
and responsibilities prescribed in this chapter, and no owner or operator
shall be relieved from any such duty and responsibility nor be entitled
to defend against any charge of violation thereof by reason of the
fact that the occupant is also responsible therefor and in violation
thereof.
Occupants shall have all the duties and responsibilities as prescribed in §§ 243-12, 243-13, 243-14, 243-15 and 243-16 of this chapter, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
Upon discovery by an occupant of any condition
of the premises which constitutes a violation of this chapter by the
owner or operator, the occupant shall report same to the Building
Inspector or Health Officer, who shall be responsible for enforcement
of the provisions of this chapter.
Premises shall be kept landscaped, and lawns,
trees, hedges and bushes shall be kept trimmed and kept from becoming
overgrown.
All signs and printed matter and pictures or
illustrations contained thereon, permitted by reasons of other regulations
or as a lawful nonconforming use, shall be maintained painted in good
repair.
The exterior of every structure or accessory
structure (including fences, signs and storefronts) shall be maintained
free of safety hazards, such as broken windows, loose and falling
shingles, roofing or siding and crumbling and falling stone or brick,
and fire hazards.
A.
The owner and operator of every shopping center, the
owner and operator of every multifamily dwelling and the owner and
operator of commercial premises with the capacity of seating, serving
or otherwise accommodating 100 or more persons shall furnish, by private
contract or otherwise, scavengers for the removal and disposal of
refuse and garbage.
B.
Every owner, operator and occupant shall have the
duty and responsibility of providing sufficient and suitable receptacles
with tight-fitting covers for receiving and holding refuse and garbage;
and the receptacles shall be maintained in a manner, with the cover
in place, so as to prevent the creation of a nuisance, and shall be
kept in an enclosed space separate and apart from sidewalks and other
pedestrian areas, except when set out for collection during the hours
of a day scheduled for such collection.
The owner, operator and occupant shall maintain
paths, walks, driveways, parking lots, parking areas and other parts
of the premises which are accessible to and used by persons on the
premises, in good repair, free of safety hazards and unsanitary conditions,
including, but not limited to, holes, excavations, breaks, projections,
obstructions, ice, uncleared snow, litter and excretion of pets and
other animals. All such holes and excavations shall be filled and
repaired, walks and steps repaired and other conditions removed where
necessary to eliminate hazards or unsanitary conditions, with reasonable
dispatch upon their discovery. It shall be the responsibility of the
owner, operator and occupant to take reasonable steps to discover,
remove and abate any such hazards or unsanitary conditions which may
exist on the premises.
All parts of the premises under the control
of the occupant shall be kept in a clean and sanitary condition, and
the occupant shall refrain from performing any acts which would render
other parts of the premises unclean or unsanitary or which would obstruct
the owner or operator from performing any duty required hereunder
or maintaining the premises in a clean and sanitary condition.
Every owner, operator and occupant shall be
responsible for the elimination of infestation in and on the premises
subject to his control.
The exterior of the premises and all structures
thereon shall be kept free of all nuisances and any hazards to the
safety of occupants, pedestrians and other persons utilizing the premises,
and free of unsanitary conditions.
The owner and operator of every shopping center
shall be responsible for providing and/or maintaining the following:
A.
A fire lane, at least 12 feet wide, adjacent to the
public walkway or sidewalk in front of the entrance to the commercial
businesses and running the entire length of the building or buildings
occupied by said businesses. Concrete barriers, at least six inches
high, shall be erected to prevent vehicles from crossing into the
fire lane and parking thereon. The perimeter of the fire lane shall
be clearly delineated by lines painted in yellow paint on the road
surface, and the words "Fire Lane" shall be painted within the perimeter
in twelve-inch letters at least once every 300 feet.
B.
Means of ingress and egress shall be clearly marked
by signs; and concrete barriers, at least six inches high, shall be
placed on each side of said means of ingress and egress in order to
provide a safe method of ingress and egress.
C.
Parking spaces shall be clearly indicated by painted
lines, white on dark surfaces or black on light surfaces.
D.
Lanes for the movement of traffic, at least 12 feet
wide in each direction, shall be clearly marked, and arrows indicating
one-way traffic shall be painted in these lanes at both ends, white
on dark surfaces or black on light surfaces.
E.
A covered trash basket with at least a twenty-gallon
capacity shall be provided for each 150 feet of store frontage in
the shopping area. Such baskets may be placed in the walking or pedestrian
area.
A.
Outside storage or display of merchandise or equipment
shall be forbidden. However, this subsection shall not apply to outside
storage of motor vehicles, trailers, campers, boats or other similar
merchandise held for retail sale. This subsection shall apply, but
not be limited, to storage of merchandise or equipment in trailers,
motor vehicles, shacks, sheds or other outside containers.
B.
Waiver of this provision may be applied for by written
request to the Mayor and Council and granted, based on the size and
kind of merchandise or equipment, duration and location of the outside
storage and the purposes of this article.
[Added 5-18-1998 by Ord. No. 98-6]
Every owner or operator of a dwelling who permits
the dwelling to be occupied for rent under any agreement wherein the
owner is responsible for furnishing heat, shall comply with the following
minimum heating standard:
A.
From September 15 of each year to the next succeeding
May 15, every unit of dwelling space and every habitable room therein
shall be maintained at a temperature of at least 68° F. between
the hours of 6:00 a.m. and 11:00 p.m. and at least 65° F. between
the hours of 11:00 p.m. and 6:00 a.m.
All buildings and premises subject to this article
are subject to inspection from time to time by the Building Inspector,
Health Officer or any other township official charged with the duty
of enforcing regulations governing any aspect or conduct of the activity
housed in the said premises. At the time of such inspections, all
parts of the premises must be available and accessible for such inspections,
and the owner, operator and occupant are required to provide the necessary
arrangements to facilitate such inspections. The above-mentioned inspector,
officer and official are hereby authorized and empowered to apply
for, obtain and execute a search warrant for any building or premises
subject to this article whenever necessary to inspect such building
or premises. Such inspections shall be made during daylight hours
or during hours when the buildings or premises are open to the public,
unless there is reason to believe a violation exists of a character
which is an immediate threat to health or safety requiring inspection
and abatement without delay.
A.
Whenever any nuisance or any unsanitary or unhealthy
condition in violation of this article is found on any premises within
the Township of North Brunswick, the Building Inspector or Health
Officer shall order the owner, operator or occupant to correct the
violation or to remove and abate the nuisance or condition by notice
in writing, which shall be served on the owner, occupant or operator
in the following manner:
(1)
Where the owner resides in the township, or in the
case of an operator or occupant, written notice shall be served by
delivering a copy to him personally, or by leaving a copy thereof
at his dwelling house or usual place of abode with some competent
member of his family of the age of 14 years or over then residing
therein, or by delivering a copy thereof to a person authorized by
appointment or by law to receive service of process on his behalf.
(2)
Where the owner resides outside the township or where
the resident owner or the operator or occupant cannot be served as
set forth above, written notice shall be mailed to the owner, operator
or occupant by certified mail at his last known address.
(3)
Where the owner, operator or occupant cannot be served
as set forth above, it shall be sufficient to post a copy of the notice
in a conspicuous place on the premises.
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Such notice shall be in writing, directing the
removal of the unsanitary or unhealthy condition or the abatement
of the nuisance at the owner's expense, and shall call for a hearing
before the Board of Health of the Township of North Brunswick.
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B.
Whenever any nuisance is not removed and abated or
any unsanitary or unhealthy condition in violation of this article
is not corrected after notice and hearing before the Board of Health,
the Building Inspector or Health Officer shall abate and remove such
nuisance or correct such unsanitary or unhealthy condition on direction
of the said Board of Health.
Where abatement of any nuisance as defined herein
or correction of any unsanitary or unhealthy condition requires expenditure
of the Township of North Brunswick moneys therefor, in addition to
other remedies provided by law, the Building Inspector or Health Officer
may present a report of the work accomplished to the governing body
of the Township of North Brunswick, along with a summary of the proceedings
undertaken to secure compliance, including notices served upon owners,
operators or occupants, as the case may be. The governing body may
then approve the expenses and costs, whereupon they shall become a
lien against the commercial premises, collectible as provided by law.
A copy of the resolution approving the said expense shall be certified
to the Township Clerk and filed with the Tax Collector of the Township
of North Brunswick, who shall be responsible for the collection thereof,
and a copy of the report and resolution shall be sent by certified
mail, return receipt requested, to the owner of the commercial premises.
At the request of the Building Inspector or
Health Officer, any officer, agent or employee of the Township of
North Brunswick shall assist in the enforcement, interpretation or
implementation of any provisions of this article.
[Amended 9-6-1977; 4-17-2006 by Ord. No. 06-06]
Any person violating or failing to comply with
any of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not more than $2,000 or by imprisonment
for a term not to exceed 90 days, or by both such fine and imprisonment,
in the discretion of the Judge. The continuation of such violation
on each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
[Adopted 5-15-1989]
[Amended 5-18-1998 by Ord. No. 98-6]
It is hereby found that there exists a need
in the Township of North Brunswick for the establishment of minimum
standards for the maintenance of building exteriors and outside property
areas and to establish minimum heating requirements for rental dwelling
units where furnishing heat is the responsibility of the owner. This
finding is based upon observance of properties where the lack of maintenance
and upkeep has resulted in either the creation of threats of the public
health, safety and welfare or the presence of potentially blighting
conditions which could negatively affect property values.
The purpose of this article is to protect the
public health, safety and welfare by establishing minimum standards
to govern the maintenance, appearance and condition of building exteriors
and outside property areas for both residential and nonresidential
premises.
All residential and nonresidential buildings,
structures and premises shall comply with the provisions of this article,
regardless of whether such buildings or structures shall have been
constructed, altered or repaired before the enactment of this article
and irrespective of any permits or licenses which shall have been
issued for the use or occupancy of the premises.
This article establishes minimum standards for
property maintenance, and the provisions of this article shall not
be construed to prevent the enforcement of other ordinances or regulations
which may be more stringent.
Nothing in this article shall be deemed to abolish
or impair existing remedies available to the township, its officers
or agencies relating to the removal or demolition of any buildings
or structures which are deemed to be dangerous, unsafe or unsanitary.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this article, be defined as follows:
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent properties,
including all outside surfaces and appurtenances thereto, and the
open space on the premises outside of any building or structure erected
thereon.
The condition of a building structure, or any part thereof,
characterized by holes, breaks, rot, crumbling, cracking, peeling,
flaking, chipping, rusting or other evidence of physical decay or
neglect, lack of maintenance or excessive use.
The Code Enforcement Officer of the Township of North Brunswick.
The control and elimination of insects, rodents or other
pests by eliminating their harborage place; by removing or making
inaccessible materials that may serve as their food; by poison-spraying,
fumigating or trapping; or by any other approved pest-elimination
methods.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
The open space on any premises located outside of buildings
and structures.
Combustible and noncombustible waste materials, except garbage.
Any accumulation of water, with the exception of approved
detention and retention areas, which does not disperse within three
days of the last recorded local rainfall.
Depending upon the nature of the violation,
the owner and/or tenant of the premises shall be responsible for maintaining
the property in compliance with this article.
A.
Outside property areas.
(1)
General. All outside property areas shall be maintained
in a safe and sanitary condition so as not to adversely affect the
public health or safety or result in a blighted appearance.
(2)
Drainage. All outside property areas shall be graded
and maintained so as to prevent the accumulation of stagnant water
thereon or within any structure thereon.
(3)
Accessory structures. All accessory structures, including
detached garages, fences and walls, shall be maintained structurally
sound and without obvious signs of deterioration. Pointed chain link
fences shall not be permitted on any property utilized for residential
purposes.
(4)
Outside storage. Outside storage in the front yard
is prohibited. Outside storage of items such as, but not limited to,
building materials, tires, windows, bottles, drums, trailers, oil
tanks and lawnmowers shall be prohibited unless completely obscured
from surrounding property by a solid screen not less than six feet
in height. Covering such items with canvas or similar material shall
be deemed a violation of this subsection. Firewood may be stored uncovered
in any yard area other than the front yard.
(5)
Motor vehicle storage.
[Amended 2-18-2003 by Ord. No. 03-2; 3-17-2003 by Ord. No.
05-6]
(a)
With the exception of automobile service stations and garages and car dealerships, no more than one unregistered and/or uninspected motor vehicle shall be parked outside of the garage on any property, and such vehicle shall be parked on an improved surface maintained in a weed-free condition. Any such vehicle shall not be utilized for storage of any items and shall be subject to all property maintenance standards applicable to accessory structures. No such vehicle shall remain outside, whether covered or uncovered, in a state of partial disassembly or disrepair or be in the process of being stripped, dismantled or overhauled except in accordance with the provisions of § 330-4. For purposes of this section, the term "improved surface" shall be defined as any paved, graveled, concrete, brick or block surface.
(b)
In no event may any unregistered and/or uninspected
motor vehicles be parked outside:
[1]
On any property utilized for nonresidential
purposes; and
[2]
Which property is located adjacent to a residential
zone or residential use or across the street from a residential zone
or residential use; and
[3]
Without first obtaining an unregistered/nonoperating
vehicle permit from the Division of Code Enforcement. To obtain a
permit, a property owner must demonstrate:
[a]
The vehicle is stored in accordance with all applicable laws, including § 243-31A(5)(a) hereof;
[b]
The vehicle is owned or leased
by the business that owns/occupies the property on which the vehicle
is parked;
[c]
The vehicle, except for its nonregistered
or nonoperating status, is suitable for use by the business that owns/occupies
the property on which the vehicle is parked;
[d]
The vehicle shall not be parked
within 30 feet of any residential zone or property used for residential
purposes or any closer to a street that the front building line.
(c)
This subsection shall not apply to lawfully
operated junkyards.
(6)
Disposal of rubbish and garbage. All exterior property
areas shall be kept free from any accumulation of rubbish and garbage,
and any rubbish or garbage placed in an outside property area more
than 24 hours prior to collection shall be placed in covered containers
equipped with tight-fitting covers.
(7)
Paved areas. All sidewalks, steps, driveways, parking
spaces and similar paved areas shall have the surface maintained in
a proper state of repair so as to afford safe passage under normal
weather conditions. Said areas shall also be kept free of hazardous
conditions, such as snow, ice, mud and other debris. If lighted for
night use, lights shall not be permitted to cast directly upon nearby
dwellings.
(8)
Exhaust vents. The construction, maintenance or operation
of pipes, ducts, fans or blowers which discharge gases, steam, vapor,
hot air, grease, smoke, odors or other gaseous or particulate wastes
directly upon abutting properties is prohibited.
(9)
Discarded appliances. All outside property areas shall
be free from abandoned refrigerators, boilers, hot-water heaters,
television sets and other similar major appliances, except for normal
placement for solid waste collection.
(10)
Overhanging. Loose overhanging objects, whether
natural or man-made, including accumulations of ice or snow, shall
be removed or repaired so as to eliminate hazards resulting from the
objects falling to the ground.
(11)
Ground surface hazards. Abandoned, uncovered
or structurally unsound wells, shafts and exterior cellar openings
shall be appropriately closed and sealed to eliminate the possibility
of accidental entry.
(12)
Infestation. All outside property areas shall
be maintained to be free of rodents, vermin, pest infestations and
conditions causing the same.
(13)
Loading/Unloading and truck idling restrictions. Any portion of a nonresidential use which lies within 300 feet of either a residential zone or a lot developed for residential use which is not separated from the residential zone or lot developed for residential use by a noise abatement wall which has been approved by the Township in accordance with the provisions of Paragraphs 3 through 6 of a January 23, 2003, consent order in the matter of Church & Dwight v. North Brunswick, Middlesex Superior Court, Docket No. L-6144-01, shall comply with the following restrictions in those portions of the rear or side yard areas which lie within 300 feet of the residential zone or use. Notwithstanding the foregoing, the restrictions against truck idling for more than three minutes contained in Subsection A(13)(c) hereof shall be fully applicable.
[Added 7-6-1993; amended 5-21-2001 by Ord. No. 01-8; 4-14-2003 by Ord. No.
03-9; 11-16-2006 by Ord. No. 06-28]
(a)
For the purposes of this section, loading/unloading
shall constitute the following:
(b)
Loading/Unloading restrictions applicable to
all nonresidential uses within the I-1 and I-2 Zones and only to facilities
utilized for manufacturing, warehouse and distribution operations
in all other zones. Loading/Unloading and the operation of forklifts
outside of the building within 300 feet of a residential property
line shall be prohibited during the hours of 8:00 p.m. to 7:00 a.m.
Monday to Friday and 8:00 p.m. to 9:00 a.m. Saturday and Sunday.
(c)
Truck idling restrictions. The idling of truck
engines for more than three consecutive minutes when the vehicle is
not in motion shall be prohibited except for the following:
[1]
A motor vehicle at the vehicle operator's place
of business where the motor vehicle is permanently assigned may idle
for 30 consecutive minutes;
[2]
A motor vehicle may idle for 15 consecutive
minutes when the vehicle engine has been stopped for three or more
hours;
[3]
Motor vehicles whose primary and/or secondary
power source is utilized in whole or in part for necessary and definitively
prescribed mechanical operation other than propulsion, passenger compartment
heating or air conditioning;
[4]
Motor vehicles while engaged in the process
of connection, detachment or exchange of trailers; and
[5]
Motor vehicles manufactured with a sleeper berth
while being used by the vehicle's operator for sleeping or resting
in a nonresidential area located a minimum of 300 feet from a residential
property line.
(d)
Appropriate signs shall be posted both at the
rear of the building and on the buffer located to the rear of the
parking lot. Said signs shall indicate the following: "The idling
of engines for more than three minutes in a rear or side yard is prohibited
and subject to a fine not to exceed $1,000."
(e)
Truck access restrictions applicable to warehouse/distribution
operations. Truck access to loading/unloading facilities in rear or
side yards abutting residential zones shall be restricted during the
hours of 8:00 p.m. to 7:00 a.m. Monday to Friday and 8:00 p.m. to
9:00 a.m. Saturday and Sunday by the installation of a fence with
a gate. Said gate shall remain closed during prohibited hours to keep
trucks out of rear or side yard areas. However, trucks stored at the
vehicle operator's place of business shall be permitted to be parked
overnight in side yard areas subject to truck idling restrictions
of this section.
(f)
Inside operation of forklifts. The inside operation
of forklifts and inside loudspeaker systems between the hours of 8:00
p.m. to 7:00 a.m. Monday to Friday and 8:00 p.m. to 9:00 a.m. Saturday
and Sunday shall be prohibited unless all overhead doors within 300
feet of a residential use or residential zone remain closed.
(g)
Outside loudspeakers prohibited. The installation
of outside loudspeakers shall be prohibited.
(14)
Motor vehicle for sale.
[Added 2-18-2003 by Ord. No. 03-2]
(a)
Residential and nonresidential zones.
[1]
Residential zones. For property located in a
residential zone, no property owner or occupant shall be permitted
to place or display “for sale” or similar signs on more
than one vehicle at any one time and not more than twice in one year
while parked on street or off street in the Township of North Brunswick.
Any such vehicle must be owned for at least three months prior to
the display of such "for sale" sign by the resident or member of his
or her immediate family. Said vehicle must, at all times such signs
are displayed, be physically placed or located on an improved surface.
If the vehicle to be sold is parked on a public street, the vehicle
must be in front of the seller’s property or, in the alternative,
the vehicle to be sold may be parked on the public street in front
of an adjacent neighbor’s property, provided that said adjacent
neighbor grants the seller permission to do so in writing and not
more than twice in one year.
[Amended 5-2-2005 by Ord. No. 05-6; 11-1-2010 by Ord. No. 10-31]
[2]
Nonresidential zones. No person shall be permitted
to place or display "for sale" or similar signs on more than one vehicle
at any one time while parked on-street or off-street in the Township
of North Brunswick located in a nonresidential zone unless such vehicle
shall be placed or located on an improved surface. Such signs may
be placed or displayed on such vehicle only during the hours of the
day when the owner of the vehicle is employed by a nonresidential
use located on the premises where the vehicle is located, except that
the owner of the nonresidential use may be permitted to display such
signs overnight on a single vehicle located on an improved surface
if owned by the property owner or a member of his or her immediate
family.
(b)
No more than two "for sale" or similar signs
shall be placed or displayed within or on any motor vehicle parked
on-street or off-street in the Township of North Brunswick.
(c)
"For sale" or similar signs placed or displayed
within or on motor vehicles parked on-street or off-street in the
Township of North Brunswick shall be no taller or wider than 20 inches
by 20 inches.
(d)
"For sale" or similar signs shall not stay on
the motor vehicle for longer than three continuous months.
(e)
This subsection shall not apply to any lawfully
operated motor vehicle sales business.
(15)
Stream maintenance.
[Added 5-2-2005 by Ord. No. 05-6]
(a)
Property owners within close proximity to a stream shall be required to remove any trees and/or vegetation on their property that is determined by the Township to have a high probability of falling into said stream. "Close proximity" shall be defined and understood to be when the distance from the bank of a stream is less than the height of a potentially hazardous tree, or, when vegetation such as bushes, shrubs or underbrush are growing directly into the channel of a stream in a way that will disrupt the natural flow of the stream. Close proximity and a high probability of falling over or into a stream or stream bank shall be determined by the Township in its reasonable discretion and in consultation with either the Township Engineer or his designee; or a certified tree expert; or a certified landscape architect. This includes, but shall not be limited to, trees and/or vegetation that is dead, dying or diseased. If any tree and/or vegetation falls into a stream, the property owner from where the tree and/or vegetation was situated shall immediately remove same to eliminate the possibility of any backup causing the flow of the stream to be disrupted or dammed. The Township shall have the right to cause the removal of any trees and/or vegetation determined to have a high probability or falling into any stream or to cause the removal of any trees and/or vegetation which has fallen into a stream, the sole cost and expense of which shall be borne by the owner in accordance with the provisions of § 243-32, Enforcement provisions, of this article.
(b)
If any debris, building material or any other materials used to stabilize a stream bank falls into a stream, the property owner from where the debris or building material fell shall immediately remove said debris, building material or any other materials to eliminate the possibility of such debris, building material or any other materials causing a backup which would cause the flow of a stream to be disrupted or dammed as determined in the reasonable discretion of the Township Engineer or his designee. The Township shall have the right to cause the removal of any such debris, building material or any other materials causing a backup, disruption or damming of a stream, the sole cost and expense of which shall be borne by the owner in accordance with the provisions of § 243-32, Enforcement provisions, of this article.
(16)
Sump pump discharges. Drainage from foundations
and/or sump pumps shall be discharged to a storm drain, approved watercourse
or at grade. When discharged at grade, the point of discharge shall
be at least 10 feet from any property line and shall not create a
nuisance or safety hazard and shall not discharge at or through the
face of any curb, in accordance with the provisions of N.J.A.C. 13.1.5.,
Foundation Drains. Where sump pumps discharge at grade on unpaved
surfaces, the discharge pipe shall extend to a splash block or equivalent,
which shall be designed to contain the discharge, reduce its velocity
and avoid disturbing adjacent areas. Where necessary, the discharge
pipe shall terminate with an elbow to direct the flow along the splash
block. Splash blocks shall be at least 24 inches long.
[Added 5-2-2005 by Ord. No. 05-6]
(17)
Landscaping. Premises shall be kept landscaped,
and lawns, trees, hedges and bushes shall be kept trimmed and kept
from becoming overgrown. The overgrowth of grass, brush, hedges, bushes,
shrubs, weeds, and other plant life and vegetation; the existence
or presence of dead or dying trees, stumps, roots, grass and other
dead or dying plant growths on any plot of land, lot, street, highway,
right-of-way or any other public or private place which is deemed
to be harmful to the public health or safety is hereby declared to
be a nuisance and detrimental to the public health, safety and welfare.
No owner of any plot of land, lot, street, highway, right-of-way or
any other public or private place within the Township of North Brunswick
shall cause, allow or permit a nuisance as declared herein to grow
or exist thereupon.
[Added 6-2-2008 by Ord. No. 08-14; amended 2-17-2009 by Ord. No.
09-01]
(18)
Outdoor athletic equipment.
[Added 2-5-2018 by Ord. No. 18-01]
(a)
Installation and storage of permanent and portable basketball
hoops and other athletic equipment.
[1]
No person, firm or corporation shall install a permanent basketball
hoop between the curb and sidewalk of any street. A permanent basketball
hoop is one which is affixed into the ground by means of cement or
other materials. A permanent basketball hoop shall also be one which
is not able to be easily removed upon the completion of the use of
that basketball hoop on any particular occasion.
[2]
No person, firm or corporation shall store or leave unattended
a portable basketball hoop, hockey net, or similar portable athletic
equipment in the street. When not actively in use, all such equipment
may be stored between the curb and sidewalk, if it does not block
either traffic upon the street or pedestrians upon the sidewalk, or
otherwise placed within private property.
(19)
Fire hydrants.
[Added 2-5-2018 by Ord. No. 18-02]
(a)
It shall be unlawful to obscure from view, damage, deface, paint,
obstruct, or restrict the access to any fire hydrant or Fire Department
connection for the pressurization of fire suppression systems, including
fire hydrants and Fire Department connections that are located on
public or private streets and access lanes or on private property.
(b)
The minimum clearance to any fire hydrant or connection shall
be three feet in all directions and shall not be inhibited by landscaping,
plantings or the overgrowth of grass, brush, hedges, bushes, shrubs,
weeds, and other plant life and vegetation.
B.
Building and structure exteriors.
(1)
General. Every foundation, exterior wall, roof and
other exterior surface shall be maintained in a workmanlike state
of maintenance and repair.
(2)
Street numbers. Each building to which a street number
has been assigned shall have the number so assigned displayed in a
position easily observed and readable from the public right-of-way.
All numbers shall be in Arabic figures at least three inches high
and 1/2 inch wide.
(3)
Exterior walls. Every exterior wall shall be free
of holes, breaks, loose or rotting boards or timbers and any other
condition which might admit rain or dampness into the building interior.
All exterior surface materials shall be maintained weatherproof and
properly surface-coated. Said surface coatings shall not exhibit signs
of deterioration, such as flaking, peeling, chipping or crumbling.
(4)
Additions and renovations. Structural additions and/or
renovations to a building shall not be halted for a period to exceed
120 days if inappropriate surface materials, such as tar paper and
plywood, are left exposed to view. Appropriate surface materials shall
be applied.
(5)
Roofs and drainage. Roof water shall not be discharged
in a manner that creates a public nuisance nor a nuisance to occupants
of adjacent premises.
(6)
Decorative features. All cornices, entablature, belt
courses, corbels, terra cotta trim and similar decorative features
shall be maintained in good repair, with proper anchorage, and missing
pieces shall be replaced.
(7)
Signs, canopies and awnings. All canopies, signs and
awnings shall be maintained in good repair.
(8)
Stairs and porches. Every stair, porch and fire escape,
as well as required handrails, shall be maintained free of hazardous
conditions and in good repair.
(9)
Window and door frames. Every window, door and frame
shall be maintained in good repair and in such relation to the adjacent
wall construction so as to exclude rain and wind as completely as
possible.
(10)
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
shall be removed.
(11)
Exterior design and appearance. Any nonresidential
use which is adjacent to or located across a local road from any residential
use shall be consistent with the residential character of the neighborhood
interims of exterior appearance.
C.
Minimum required temperatures in rental dwellings.
Every owner or operator of a dwelling who permits the dwelling to
be occupied for rent under any agreement wherein the owner is responsible
for furnishing heat shall comply with the following minimum heating
standard:
(1)
From September 15 of each year to the next succeeding
May 15, every unit of dwelling space and every habitable room therein
shall be maintained at a temperature of at least 68° F. between
the hours of 6:00 a.m. and 11:00 p.m. and at least 65° F. between
the hours of 11:00 p.m. and 6:00 a.m.
[Added 5-18-1998 by Ord. No. 98-6]
[Amended 7-6-1993; 5-21-2001 by Ord. No. 01-8; 2-18-2003 by Ord. No. 03-2; 7-6-2004 by Ord. No. 04-14]
A.
Enforcement officer. It shall be the duty and responsibility of the Director of the Department of Community Development, or his designee, to enforce the provisions of this article as herein provided, except that § 243-31A(13) shall be concurrently enforced by the Director of the Department of Community Development, or his designee, and the Director of the Department of Public Safety or his designee.
[Amended 11-16-2006 by Ord. No. 06-28]
B.
Inspection of premises. Inspections of premises and
the issuing of orders in connection therewith under the provision
of this article shall be the exclusive responsibility of the Enforcement
Officer, as defined herein, or his designee. Whenever, in the opinion
of the Enforcement Officer, or his designee, it shall become necessary
or desirable to have inspections of any condition performed by another
Township department, the Enforcement Officer, or his designee, shall
arrange for such inspections to be performed. Orders for the correction
of any violations under this article may be issued by the department
head of the applicable inspecting department without the need for
the express approval of the Enforcement Officer, although the Enforcement
Officer shall be notified of the issuance of any such order for correction
of any violations under this article by such other Township department.
C.
Inspections.
(1)
Authorization to inspect. The Enforcement Officer, his designee, or the applicable Township department, pursuant to § 243-32C is authorized to enter any structure and/or premises at any reasonable time for the purpose of performing inspections under this article, provided that the Enforcement Officer, his designee, or the applicable inspecting party will attempt to secure permission to inspect the structure and/or premises from the owner, operator or occupant of the said structure and/or premises. When attempting to secure such permission, the Enforcement Officer, his designee, or the applicable inspecting party shall advise the owner, operator or occupant of the said structure and/or premises of their right to refuse to grant such permission to inspect. Should the owner, operator or occupant grant the right to inspect all parts of the structure and/or premises must be available and accessible for such inspections, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate such inspections.
(2)
Residential properties. In the event there is no one
available to give permission to inspect at a residential property
or permission to inspect is denied, the Enforcement Officer, his designee,
or the applicable inspecting party shall have the authority to enter
onto the subject premises to the front and side of any structures
on the premises up to the rear line of the primary structure; provided,
however, that under no circumstances shall there be any entry onto
any section of the premises which is fenced in or any entry into the
structure without the consent or appropriate search warrant issued
by a court of competent jurisdiction. Such inspections of residential
properties shall be made during daylight hours commencing no later
than 30 minutes before sunset or during hours when the structure and/or
premises are open to the public, unless there is reason to believe
that a violation exists of such a character that is deemed to be an
immediate threat to the health, safety and welfare of the citizens
of the Township of North Brunswick requiring inspection and abatement
without delay.
(3)
Commercial properties. In the event there is no one
available to give permission to inspect at a commercial property or
permission to inspect is denied, the Enforcement Officer, his designee,
or the applicable inspecting party shall have the authority to enter
onto the subject premises to the front, side and rear of any structures
on the premises and shall have the authority to inspect up to the
rear line of the property itself; provided, however, that under no
circumstances shall there be any entry onto any section of the premises
which is fenced in or any entry into the structure without consent
or the appropriate search warrant issued by a court of competent jurisdiction.
(4)
Application for search warrant. In the event that
permission to inspect is denied, upon request, the Enforcement Officer,
his designee, or the applicable inspecting party is hereby authorized
and empowered to apply to any court of competent jurisdiction for
a search warrant for any structure and/or premises subject to this
article whenever necessary to inspect such structure and/or premises.
D.
Enforcement procedure.
(1)
Whenever the Enforcement Officer determines that there
is or has been a violation of any provision of this section, he may
give a violation notice of such violation to the person, persons or
entities responsible therefor. Such violation notice shall be in writing
and shall include a concise statement of the reasons for its issuance.
Such violation notice shall be deemed to be properly and sufficiently
served if: a) a copy thereof is sent by certified mail and 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 b) a copy thereof is handed to said person or persons;
or c) a copy thereof is left at the usual place of abode or office
of said persons or entities. A violation notice shall be given as
aforesaid within or without the municipality.
(2)
The violation notice shall also state that, unless
the violation is abated, cured, prevented or desisted within the compliance
period designated in the violation notice, exclusive of the date of
service, the Township may issue a summons for the violation. The Enforcement
Officer may extend the period for compliance with the requirements
of this section in regard to the violation stated in the violation
notice for a period in excess of the compliance period if, in his
judgment, the abatement, removal, prevention, cessation or cure of
the condition violated cannot reasonably be effected within the compliance
period, and in such cases, the Enforcement Officer shall state such
reasonably required extended period in the notice, which shall then
be applicable instead of the aforesaid compliance period.
(3)
Summonses.
(a)
Repeat violations. Whenever any violation reoccurs
within one year from the prior violation, or said person, persons,
or entities violates a similar provision under this section, the Enforcement
Officer may issue additional summonses without the necessity of an
additional violation notice and cure period, such summons to be in
writing and to include a concise statement of the reasons for its
issuance. Such summons shall be deemed to be properly and sufficiently
served if: a) copy thereof is sent by certified 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 b) a
copy thereof is handed to said person or persons; or c) a copy thereof
is left at the usual place of abode or office of said persons or entities.
The summons shall be served as aforesaid within or without the municipality.
(b)
Continued violations. At the discretion of the
Enforcement Officer, additional summonses may be served each and every
day that the violation continues. Service of such summonses shall
be in accordance with the provisions set forth hereinabove.
E.
Abatement of violations by Township. Whenever any violation or nuisance, as defined under this section, is not removed and abated and/or any unsanitary or unhealthy condition in violation of this section is not corrected after notice, summons and hearing before the Municipal Court or Board of Health or other appropriate tribunal, as applicable, the Township may, either with Township equipment and labor or by contract with third parties, undertake to abate and cure such violation, nuisance and/or correct any such unsanitary or unhealthy condition or to generally put the premises in proper condition so as to comply with the requirements of this chapter. The remuneration of the Township's expenditure for such abatement, cure and/or removal shall be in accordance with the provisions of § 243-32F hereof.
F.
Assessment for Township's cost of removal; lien. Where
abatement of any nuisance, violation or offense, as defined herein,
or correction of any unsanitary or unhealthy condition requires expenditure
of the Township of North Brunswick monies therefor, in addition to
other remedies provided by law, the Enforcement Officer or the Health
Officer may, in accordance with the provisions of N.J.S.A. 40:48-2.12f,
arrange for the cost of said abatement to be charged against the premises,
and the amount thereof shall become a lien upon such lands 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 bear interest at the same
rate as taxes and shall be collected and enforced by the same officers
in the same manner as taxes. Said amount shall bear interest at the
same rate and shall be collected and enforced by the same officers
and in the same manner as taxes. The Township shall have the right
to bring a summary action for collection of such costs incurred in
the Superior Court of New Jersey, Law Division, Middlesex County.
[Amended 5-2-2005 by Ord. No. 05-6]
G.
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 by service of violation notice as set forth in Subsection D, 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. Failure to abate the emergency condition immediately may result in the municipality exercising its powers under § 243-32E hereof.
H.
Enforcement of loading/unloading and truck-idling
restrictions.
(1)
Upon receipt of a complaint relative to truck idling
during the hours of 8:30 am. to 4:00 p.m. Monday to Friday, the Enforcement
Officer or his designee shall respond to the complainant to observe
the violation from said location and/or site of the violation itself.
(2)
Upon receipt of a formal complaint relative to truck
loading/unloading or truck idling during the hours of 4:00 p.m. to
8:30 a.m. Monday to Friday, or on weekends, the Department of Public
Safety will respond to the complainant to observe the violation and/or
to the site of the violation itself. The Department of Public Safety
will prepare and file an incident report as to the violation of this
chapter with the Department of Community Development within 48 hours.
(3)
All violations of § 243-31A may result in the Enforcement Officer and/or Department of Public Safety issuing a violations notice to the building occupant and/or operator of the vehicle.
(4)
Penalties for violations of § 243-31A shall be as follows:
(a)
For a first offense, a minimum fine of $100
shall be imposed.
(b)
For a second offense, a minimum fine of $500
shall be imposed.
(c)
For a third offense, a minimum fine of $1,000
shall be imposed.
(d)
Any person or business convicted of violating § 243-31A within one year of the date of a previous violation of the same provision, and who was fined for the previous violation, shall pay an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this article, but shall be calculated separately from the fine imposed for the initial violation of this article.
[Amended 7-6-2004 by Ord. No. 04-14]
Any person or entity who shall violate any of
the provisions of this article or any order promulgated hereunder
shall, after a summons is issued under the terms hereof; be punished
as follows:
A.
For a first offense, by a fine of not less than $100
and not to exceed $250.
B.
For a second offense within two years of any prior
conviction under this chapter, by a fine not less than $250 and not
to exceed $500.
C.
For a third offense or any subsequent offenses within
10 years of any prior conviction under this chapter, by a fine of
not less than $500 and not to exceed $1,250 or by imprisonment in
the county jail for a period not to exceed 90 days, or both fine and
imprisonment. Each violation of any of the provisions of this article
and each day that each such violation shall continue shall be deemed
to be a separate and distinct offense.
