[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong
5-13-2004 by Ord. No. 2004-7. Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall be defined
as:
Any building or structure, or part thereof, used for human habitation,
use or occupancy and includes any accessory buildings and appurtenances belonging
thereto or usually enjoyed therewith.
Any room or group of rooms, or any part thereof, located within a
building to be used for living, sleeping, cooking and eating.
A room or enclosed floor space within a dwelling unit used or designed
to be used for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, pantries, foyers or corridors, closets
and storage spaces.
Any person or persons in actual possession of and living in the building
or dwelling unit, including the owner.
The occupancy of residential housing units in the Borough of Netcong
shall be limited by the following:
A.
A dwelling unit shall contain not less than 150 square
feet of floor space for the first occupant thereof and not less than 100 additional
square feet of floor space for every additional occupant thereof, the floor
space to be calculated on the base of total habitable room area.
B.
Every room occupied for sleeping purposes by one occupant
shall contain not less than 70 square feet of floor space, and every room
occupied for sleeping purposes by more than one occupant shall contain not
less than 50 square feet of floor space for each occupant thereof.
C.
At least 1/2 of the floor area of every habitable room
shall have a ceiling height of at least seven feet. The floor area of that
part of any room where the ceiling is less than five feet shall not be considered
as part of the floor area in computing the total floor area in the room for
the purpose of determining the maximum permissible occupancy thereof.
D.
A room located in whole or in part below the level of
the ground may be used for sleeping, provided that the walls and floors thereof
in contact with the earth have been damp proofed, and provided that all requirements
otherwise applicable to habitable rooms as established in the Uniform Construction
Code, Uniform Fire Code and New Jersey State Housing Code are satisfied.[1]
Any individual who owns, leases, occupies or maintains any housing unit, including rental housing, within the Borough of Netcong in violation of the occupancy limitations set forth in § 215-2 shall be deemed to have violated this chapter.
The Zoning Officer of the Borough of Netcong is hereby designated as
the officer to exercise the powers prescribed by this chapter.
The Zoning Officer may apply to the Municipal Court Judge of the Borough
of Netcong for a search warrant to gain access to any dwelling where said
officer has probable cause to believe that a violation of this chapter is
occurring or where such inspections are required as part of a routine inspection
survey.
Any person who shall violate any of the provisions of this chapter shall,
upon conviction thereof, be subject to a fine of not less than $500 nor more
than $1,250 or by imprisonment in the county jail for a term not exceeding
90 days, or by a period of community service not exceeding 90 days, or any
combination thereof, for each violation. Each day a particular violation continues
shall constitute a separate offense.
