[HISTORY: Adopted by the Township Council
of the Township of Bridgewater 11-3-2006 by Ord. No. 06-43.
Amendments noted where applicable.]
A.
BLIGHT
EXTERIOR PREMISES
NUISANCE
(1)
(2)
OUTDOOR STORAGE/CARGO CONTAINER (a/k/a "SHIPPING CONTAINERS")
(1)
(2)
(3)
(4)
(5)
(6)
PCPSF
STORAGE
VEGETATIVE WASTE
As used in this chapter, the following terms shall
have the meanings indicated:
An area characterized by deteriorating and/or abandoned buildings
and/or land which exhibit a lack of continued maintenance and upkeep;
land with debris, litter, accumulation of trash or junk, etc., all,
or any one of which, may tend to depress the aesthetic value of a
neighborhood.
Those portions of land which are exposed to public view or
are visible from adjoining or adjacent lots, including all outside
surfaces and appurtenances thereto and the open yard space of any
property outside and around any building or structure erected there
on.
Any condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, its governmental agencies or the ordinances of the Township
of Bridgewater.
Any condition which is detrimental to the enjoyment
of lands owned by others, constitutes a blighted condition or is detrimental
to the health or safety of all persons whether on or inside a building,
on the lands and premises containing a building or on, in or upon
an unoccupied lot.
An industrial, standardized reusable outdoor storage/shipping
container:
[Added 10-15-2007 by Ord. No. 07-12]
Originally, specifically or formally designed
for or used in the packing, shipping, movement or transportation of
freight, articles, goods or commodities and presently utilized for
those purposes or for storage of household items; and/or
Designed for or capable of being mounted or
moved on a rail car; and/or
Designed for or capable of being mounted on
a chassis or bogie for movement by truck or trailer or loaded on a
ship; and/or
Intended to or necessary, for purposes of safety,
to be placed upon a foundation and, therefore, constituting an accessory
structure; and/or
Having a length greater than 10 feet; and/or
Being of heavy-gauge-steel construction, aluminum
or a composite material.
A portable containerized property storage facility or unit, not exceeding 10 feet in length, intended to be utilized upon the exterior of residential premises for the purpose of storing all types of items of personal and household property either for pure storage or to facilitate the moving of persons from household unit to household unit, with the understanding that such unit, after a reasonable period of time for loading, will be moved to commercial storage facilities. Such unit shall be removed in the time frame as provided in § 105-5A(2). A PCPSF is commonly referred to as a "POD®."
[Added 10-15-2007 by Ord. No. 07-12]
The act of storing goods or the state of being stored; a
space for storing goods.
Decomposable materials generated by yard and lawn care or
land clearing activities and includes, but is not limited to, leaves,
grass trimmings, woody wastes, such as shrub and tree prunings, bark
limbs, roots and stumps.
B.
Purpose for including "outdoor storage/cargo containers"
within the definitions. The purpose of this Ordinance 2007-12 is to
define an "outdoor storage/cargo container" and to prohibit the use
of such cargo containers in residential zoning districts. Cargo containers
are not constructed or intended to be located in residential neighborhoods
and, if placed in these neighborhoods, are not compatible with surrounding
land uses and community character. The Township Council of the Township
of Bridgewater further finds and determines that these amendments
are reasonable and necessary for the public health, safety, convenience
and welfare and are consistent with the Township Master Plan and purposes
of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
[Added 10-15-2007 by Ord. No. 07-12]
In areas zoned residential, it shall be unlawful
to store on the exterior of premises:
B.
Construction material and equipment including, but
not limited to, ladders, scaffolding, cement, concrete, building blocks,
sheetrock, plywood, studs or beams, plywood, sand and aggregate piles,
fuel storage devices, pipes, cement mixers, excavating equipment,
etc., for more than 120 days except in a fully enclosed, screened
or landscaped manner.
C.
Landscaping equipment and supplies, including, but
not limited to, mowers, chippers, shredders, pavers, mulch in bags
or piles for more than 120 days except in a fully enclosed screened
or landscape manner.
D.
Tires and other motor vehicle equipment and parts,
except in a fully enclosed structure.
The exterior premises shall be maintained so
that the appearance thereof shall reflect a level of maintenance in
general keeping with the standards of the neighborhood and such that
the appearance thereof shall not promote or contribute to a blighting
effect upon neighboring properties. The exterior of the premises shall
not contribute to the progressive deterioration and downgrading of
neighboring properties. To this end, the following requirements shall
apply:
A.
Ladders and scaffolding. No temporary painting scaffold
or other temporary equipment used for construction, repair or maintenance
shall be permitted to remain in place beyond eight weeks after the
erection and placement of such equipment, without obtaining permission
in writing from the Township Zoning Officer.
B.
Lawn and landscaping. Where exposed to public view,
the landscaping of premises shall be maintained in keeping with the
neighborhood and in an orderly state with lawns mowed and bushes trimmed
and free from becoming overgrown, littered and unsightly where such
lawn and landscaping condition would constitute or contribute to a
blighting effect.
C.
Exterior areas. Exterior areas shall not be used for
the storage of accumulated refuse and rubbish for more than a two-week
period and such shall be stored in appropriate sanitary receptacles
or other containers.
D.
Motor vehicles and related equipment. It shall be
unlawful for any owner, possessor or occupant of lands to store, keep
or accumulate, upon such lands, any motorized vehicles, automobiles
or machines in need of repair so as not to be readily operated under
their own power or requiring substantial repairs or not currently
licensed. However, nothing herein shall be construed to limit the
storage or the repairing of vehicles which are kept in an enclosed
place or garage.
A.
Location of construction dumpsters. Except for emergency situations, no commercial or construction dumpster shall be located within the setback area as reflected in Chapter 126 (Land Use) of the Township Municipal Code. An emergency situation is deemed to exist when the side and rear yards are insufficient in size to maneuver and locate a dumpster there. In that event, the dumpster may be located in the front yard or, if insufficient there, in the roadway, provided notification by the property owner utilizing the dumpster is provided in writing and delivered to the Bridgewater Police Department and Zoning Officer. The area around the dumpster shall be prominently marked with reflective safety cones, lighting or reflective tape to give adequate visual warning to oncoming traffic.
B.
Time limit. With respect to an existing dwelling,
a dumpster, and any replacement dumpster, shall be located on specific
premises for a total of not more than 90 days. With respect to a dwelling
being constructed, a dumpster, and any replacement dumpster, shall
be located on specific premises for a total of not more than 180 days.
These periods may be extended, in writing, by the Township Zoning
Officer upon an appropriate showing of need, identification of a date
certain by which the dumpster shall be removed and, in the case of
a dwelling beginning construction, the posting of a bond in an amount
equal to the cost of removing the full dumpster as provided in a certification
from the vendor supplying the dumpster.
C.
Sanitation requirements. The following requirements
shall be maintained while the dumpster is on or at the site:
(1)
The area around the dumpster shall be kept free of
debris and litter.
(2)
Any dumpster into which animal or vegetative waste
or material has been dumped or deposited shall be removed or emptied
within 24 hours.
(3)
Any dumpster producing or causing noxious, foul or
offensive odors shall be immediately removed or cleaned to eliminate
the odor.
(4)
A full dumpster shall be removed from the property
within two days.
D.
Identification. The name and telephone number of the
owner of the dumpster and/or the company that is responsible for the
dumpster shall be displayed in a weatherproof manner on the dumpster.
E.
Failure to comply. Failure to comply shall constitute
a nuisance which may be abated by the Township pursuant to its statutory
authorization under N.J.S.A. 40:48-2.12.
[Amended 10-15-2007 by Ord. No. 7-12]
A.
PCPSFs in Single-family residential zones.
(1)
Location. No PCPSF shall be located within the setback area of an abutting dwelling as reflected in Chapter 126 (Land Use) of the Township Municipal Code.
(2)
Time limit. No PCPSF or series of PCPSFs shall be
located on specific residential premises for a total of more than
180 days. If more than one PCPSF is utilized, the one-hundred-eighty-day
period shall commence at the time the first PCPSF is physically situated
on the real property.
(3)
Other requirements. The following requirements shall
be met by the owner or occupier of the residential premises with respect
to a PCPSF:
(a)
The PCPSF situated on residential property shall
only be used for the storage of personal property, furniture and household
items normally located on or in a residential dwelling or premises
and shall upon written notification of the Township be subject to
inspection.
(b)
All such PCPSFs shall not have a height in excess
of 7 feet nor a length of more than 10 feet nor a width of more than
8 feet.
(c)
All access doors shall be secured with locks.
B.
Outdoor storage/cargo containers in residential zoning
districts. Outdoor storage/cargo containers are prohibited in all
residential zoning districts.
C.
Failure to comply. Failure to comply shall constitute
a nuisance which may be abated by the Township pursuant to its statutory
authorization under N.J.S.A. 40:48-2.12. This shall be in addition
to any penalty to be imposed under this chapter of the Municipal Code.
A.
Such removal or compliance, as outlined above, shall
be accomplished by the property owner or tenant, as the case may be,
within 10 days after notice to remove or comply or within such extended
time period as may be granted by the investigating Township official.
Such extended time period shall be granted based on the substantive
and exigent circumstances present in each case. However, in no case,
shall the extended time period exceed 30 calendar days beyond the
date of the initial notice. In addition, no such extension shall be
granted except upon the written request of the affected property owner
or tenant stating, with specificity, the reasons why such an extension
is sought, the remedial steps proposed by the property owner or tenant
to eliminate the conditions identified in the notice and a date certain
by which such remediation shall take place.
B.
In the event such removal or compliance, as outlined
above, is not accomplished by the property owner or tenant to the
satisfaction of the investigating Township Zoning Officer within the
ten-day period or any extended time period granted, that township
Zoning Officer, in his discretion, shall issue a summons to such property
owner or tenant returnable before the Township Municipal Court for
a violation of this chapter. The matter shall be prosecuted by the
Township municipal prosecutor and the investigating Township official.
Any person who violates any provision of this
chapter shall, upon conviction thereof in the Municipal Court, be
punished by a fine not exceeding $1,000 or by imprisonment for a term
not exceeding 30 days for a first offense and not more than 90 days
for a second offense, or both. A separate offense may be deemed committed
for each day during or on which a violation occurs or continues.
If such removal or compliance does not occur because the owner or tenant has refused or neglected or otherwise determined not to remove or comply, despite the notice of violation warning set forth in § 105-6A and the summons and Municipal Court procedure set forth in § 105-6B, the Township, itself, as an additional remedy, may see to removal or compliance by utilizing the procedures set forth in §§ 105-9 and 105-10 hereinbelow.
A.
The Township may proceed to remediate the condition
itself after due process, as hereafter defined. It may authorize the
investigating Township official to effect removal or compliance subject
to the due process procedure delineated herein.
B.
The property owner or tenant shall be entitled to
a hearing before the Township Council. Service, duly noticed, of this
hearing shall be made upon such owner, lessor or its agent by the
Township. This service of notice, provided to the owner, lessor, and
adjacent property owners/tenants or their authorized agent, shall
state the remediation action which may be taken by the Township Council
at that meeting.
C.
In the event of an inability to serve the owner, lessor
or agent, after reasonable effort, pursuant to N.J.S.A. 40:48-2.12,
sufficient notice shall be deemed to have been given if such notice
is posted on the premises in a conspicuous place.
D.
Within 30 days of receipt of this service of notice or any extension of time granted thereto by the Township Council, a public hearing shall be held by the Township Council, at which time, after the presentation of evidence by the appropriate Township official and the property owner/tenant, it may, if the evidence warrants it, adopt a resolution authorizing the remediation of the condition in accordance with § 105-10 hereinbelow.
[Amended 2-4-2019 by Ord.
No. 19-01]
A.
Pursuant to resolution, the appropriate Township official
shall oversee and direct the removal and compliance with the chapter.
Such Township official shall then certify the cost thereof to the
Township Council, which shall examine the certificate and, if found
correct, shall cause the cost as shown thereon to be charged against
said dwelling or lands.
B.
The amount so charged shall forthwith become a lien
upon such dwelling or lands and shall be added to and become and form
part of the taxes next to be assessed and levied upon such dwelling
or lands, the same to bear interest at the same rate as taxes, and
shall be collected and enforced by the same officers and in the same
manner as taxes.
The investigating/enforcement Township officer
for this chapter may be the Township Construction Official, Township
Engineer, Township Health Officer, Township Fire Official, Township
Environmental Officer or Township Zoning Officer, or their designated
agent, as these officials may determine in their collective judgment,
with the collaboration and approval of the Township Administrator.
