[HISTORY: Adopted by the Township Council of the Township of Moorestown 3-13-2000 by Ord. No. 1921-00. Amendments noted where applicable.]
[Amended 5-13-2002 by Ord. No. 1999-02]
It is the intent of the Township Council to:
Establish responsibility, throughout the Township of Moorestown, for maintenance of the area within a public right-of-way between private property lines and the cartway of a street.
Place certain standards for maintenance on commercial, industrial, institutional and certain residential and Town Center properties located within the Township of Moorestown.
As used in this chapter the following terms shall have the meanings indicated:
- COMMERCIAL PREMISES
- A lot or tract of land on which or on any part of which commercial activity of any kind takes place or is intended to take place. Commercial activity shall include but is not limited to gasoline stations, parking lots, retail sales, offices, professional activities, including but not limited to medical, dental, legal, architectural and accounting, personal services, including real estate, insurance, barbershops and hairdressers, and repair shops of all kinds.
- DESIGNATED RESIDENTIAL PREMISES
- A lot or tract of land on which or on any part of which is used or intended to be used for residential purposes, which lot or tract of land is located completely or partially within any of the following zones under Chapter 180 of the Code of Moorestown: RTC 1 Residence Town Center 1; RTC 2 Residence Town Center 2; CHS Commercial Highway Service; CIO Commercial Industrial Office; or CRO Commercial Retail Office.
- EXTERIOR OF 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.
- INDUSTRIAL PREMISES
- A lot or tract of land on which or on any part of which industrial activity of any kind takes place or is intended to take place.
- INSTITUTIONAL PREMISES
- A lot or tract of land on which or on any part of which institutional tax-exempt activity of any kind takes place or is intended to take place, which shall include but not be limited to schools, houses of worship and firehalls.
Every commercial, industrial, institutional and designated residential premises and any building situated thereon in the Township of Moorestown used or intended to be used as such a premises 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 chapter. Failure to comply with the provisions of this chapter shall be unlawful conduct by the record owner of the premises. This chapter establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of such commercial buildings or premises contained therein. Where there is mixed occupancy with commercial or industrial or institutional and other uses on the same premises, all such uses shall be nevertheless regulated by and subject to the provisions of this chapter. The provisions of this chapter shall be in addition to the requirements found in Chapter 147 of the Moorestown Code entitled "Snow and Ice Removal."
The "Township enforcement officer" shall be defined as the Zoning Officer or any other Township official so designated by the Township Manager to enforce the provisions of this chapter. All Township departments shall cooperate fully with the Zoning Officer in the enforcement of the provisions of this chapter. All violation complaints under this chapter may be brought by any resident or the Township Zoning Officer.
Landscaping. All properties subject to this chapter under § 148-3 shall be kept landscaped in accordance with or equal to the original landscape site plan as approved by the Planning Board or Zoning Board of Adjustment. Bushes, lawns, hedges and all other features included in the approved landscape plan shall be maintained and kept from becoming overgrown and unsightly or in any form of neglect or disrepair. If there is no approved plan, the properties subject to this chapter under § 148-3 shall nonetheless be kept in a safe and sanitary condition. Landscaping violation complaints may be brought by any resident or the Township Zoning Officer.
Parking lots. On every premises subject to this chapter under § 148-3, all parking lots shall be maintained according to the original site plan. If there is no approved plan, the parking lots of properties subject to this chapter under § 148-3 shall nonetheless be kept in a safe and sanitary condition. The surface of the pavement shall be kept in a good state of repair, free from potholes, defects, debris, weeds, vegetation, rubbish, rocks (other than those comprising a stone surface parking area) and litter.
Every premises subject to this chapter under § 148-3 including accessory structures thereto and every part thereof, shall be kept structurally sound and in a state of good repair to avoid safety, health or fire hazards, including exterior walls, sidings and roofs, and shall be kept free from defects.
On every premises subject to this chapter under § 148-3, all exposed surfaces shall be kept clean of graffiti and maintained at all times in good condition and repair. Areas showing signs of rot, leakage, deterioration or corrosion, weathering or seepage are to be restored in a timely fashion.
Editor's Note: Former Subsection E, which immediately followed this subsection, regarding maintenance of all improvements between the property lines of the premises, was repealed 5-13-2002 by Ord. No. 1999-02. See now § 148-6, Maintenance of property between right-of-way and cartway; exceptions.
[Added 5-13-2002 by Ord. No. 1999-02]
The record owner of any property in the Township of Moorestown shall be responsible for the maintenance of the area within an abutting public right-of-way between the property lines of the premises in question, extended to the cartway line.
Maintenance responsibilities shall include but are not limited to the following:
Remove of any and all weeds, litter and other debris.
Sweep or wash sidewalks and gutters, to keep in dust-free condition.
Repair, patch, restore, or replace all improvements, (e.g. sidewalk, landscape area(s), curbing, etc.)
Maintain all surfaces in level and safe condition to avoid tripping hazards, (e.g. filling any depressions due to settling of earth, repairing uneven edges of concrete, brick or other hard surface material, etc.)
Responsibilities shall not include maintenance of any streetlight, traffic signal, regulatory sign, trash receptacle, public bench, bus shelter, bicycle rack or any equipment owned and maintained by a public utility.
Any person who engages in unlawful conduct as defined in this chapter shall be notified of such violation and provided an opportunity to cure same. If the person cures the violation within ten days of notification of same, or if the violation is of a nature that cannot reasonably be cured within ten days then commences cure within ten days and continues to do so diligently thereafter, then the person shall not be subject for that violation under this section. Any person who engages in unlawful conduct as defined in this chapter who fails to timely cure as provided in this section shall, upon conviction thereof in a proceeding before a court of competent jurisdiction, be subject to: a fine in the amount of $250 for the first offense and $500 for the second and subsequent offenses or an order to perform community service for a stated period within the meaning and limits of and as referred to in N.J.S.A. 40:69A:29, as amended and supplemented, and other applicable law; or both such a fine and such a period of community service.
[Amended 3-20-2006 by Ord. No. 5-2006]
Each continuing day of violation of this chapter shall constitute a separate offense.