[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 4-18-2006
by Ord. No. O:2006-17]. Amendments noted where applicable.]
It shall be unlawful for any person, firm or corporation to operate
a homeless shelter within the Town of Phillipsburg without first obtaining
a license therefor from the Town of Phillipsburg as hereinafter provided.
A.
Every applicant for such license shall file, with the
Town Clerk of the Town of Phillipsburg, a written application signed by the
applicant, which said application shall set forth, under oath, the following
information:
(1)
The name and address of the applicant.
(2)
Local and permanent addresses and the telephone number
of the applicant.
(3)
The name, local address and telephone number of the manager
of the business if different from the applicant.
(4)
If the applicant is a corporation, whether profit or
nonprofit, the name and address of its registered agent.
(5)
The federal employer identification number if the applicant
is a corporation, partnership or firm; social security number if the applicant
is a sole proprietorship.
(6)
A certificate of inspection and a certificate of operator
registration issued by the Warren County Health Department as parts of the
application documents.
B.
All licenses shall expire on the last day of each calendar
year. Any change of ownership shall require a new application and license
with payment of fees therefor.
The annual license fee to be paid for said license shall be $700.
A.
All homeless shelters shall be restricted to the B-2
Zone and shall be deemed a conditional use in said zone upon the condition
that said homeless shelter must, in all cases, be located immediately adjacent
to a New Jersey state highway or interstate highway.[1]
B.
In all cases where the applicant is not the owner of
the site of the proposed location where the homeless shelter is to be conducted,
the owner's consent in writing must be included with the application.
A.
The Town, in considering the application, shall take into consideration
the nature and development of the surrounding property; the proximity of churches,
schools, public buildings or other places of public gathering; the effect
such business may have upon traffic conditions in the Town and the creation
of traffic hazards; the sufficiency in number of such other entities of the
same character in the Town; the health, safety and general welfare of the
public; and the suitability of the applicant to establish, maintain and operate
a homeless shelter and to receive a license therefor.
B.
All licenses shall be issued by the Town Clerk. In the
event any application is refused or denied, the Town Clerk shall forthwith
return the fee to the applicant.
Said license shall not be assignable or transferable and shall authorize
the licensee to operate the homeless shelter only on the premises specified.
All licenses issued pursuant to and in conformity with this chapter
may be suspended or revoked by the Town for cause, after notice to the licensee.
The licensee may request an appeal to be presented to the Town Council, whose
decision on said revocation shall be final.
A.
HOMELESS SHELTER
As used in this chapter, the following terms shall have
the meanings indicated:
A temporary housing facility which may provide temporary housing for up to one month per person for no more than 15 homeless persons at any one time and which complies with the health and safety standards set forth in Subsection C below.
B.
Homeless shelters are permitted accessory uses to any
church, synagogue, mosque or other similar place of organized worship. They
shall not be permitted principal uses in any zone and shall not be a permitted
accessory use to any principal use except as set forth herein.
C.
All homeless shelters shall comply with the following
standards:
(1)
The maximum occupancy shall be no greater than 15 persons
per site.
(2)
Only one homeless shelter shall be allowed per each church,
synagogue, mosque or similar place of organized worship.
(3)
Each homeless shelter shall have at least one fully equipped
kitchen facility containing a stove, range or other cooking equipment; a refrigerator;
a sink with hot and cold running water; a dishwasher; and pots, pans, dishware,
silverware and staples for the use of the temporary occupants.
(4)
Each homeless shelter shall have separate bathroom facilities
for men and women sufficiently equipped to accommodate up to 15 people.
(5)
Each homeless shelter shall provide sleeping accommodations
allowing no more than four persons per room, and a separate bed shall be provided
for each person.
(6)
No smoking shall be allowed inside any homeless shelter.
(7)
Each homeless shelter shall have a furnished common room.
(8)
Each homeless shelter shall be inspected at least once
per year by the Town Fire Code Official and shall comply with all requirements
thereof.
(9)
Each homeless shelter shall be inspected at least once
a year by the Health Department and shall comply with all requirements thereof.
(10)
Each homeless shelter shall provide at least 15 off-street
parking spaces.
(11)
Each homeless shelter shall be inspected at least once
a year by the Town Building Department and shall comply with all code requirements
applicable to multifamily dwellings and must include a fully functional fire
suppression sprinkler system approved by the Town.
A.
Each and every person failing to comply with any of the provisions in this chapter shall, upon conviction thereof, be punished as provided in Chapter 1, General Provisions, Article II, General Penalty, and the Municipal Judge before whom any such person may be brought may impose such punishment by fine or imprisonment in the county jail as he or she may see fit, not exceeding the maximum herein.
B.
In addition to being subject to the penalties provided
herein, any license or certificate of registration issued under this chapter
may be revoked or suspended for any intentional misstatement in any application
or for any violation of this chapter. No license shall be revoked or suspended
until the licensee has been afforded the opportunity to appeal said revocation
or suspension to the Town Council. Notice of the filing of a complaint that
seeks to suspend or revoke any license or certificate of registration issued
under this chapter shall be served on the defendant personally. This notice
will establish a date for a hearing to be held not more than 10 days from
the date of such notice, at which time the defendant shall have the right
to be represented by counsel, call witnesses, cross-examine witnesses produced
in support of the complaint, as well as such other rights necessary in order
to insure due process. Should any license or certificate of registration be
revoked or suspended, no part of the license or registration fee shall be
returned.
