[Ord. No. 76:17]
a.
There is hereby established in the Borough a State Uniform Construction
Code enforcing agency to be known as the Department of Community Affairs,
Division of Building Inspection, pursuant to N.J.S.A. 52:27D-120 et
seq. and N.J.A.C. 5:23, consisting of a Construction Official, Building
Subcode Official, Plumbing Subcode Official, Fire Protection Subcode
Official, Electrical Subcode Official and such other subcode officials
for such additional subcodes as the Commissioner of the Department
of Community Affairs, State of New Jersey, shall hereafter adopt as
part of the State Uniform Construction Code. The Construction Official
shall be the chief administrator of the enforcing agency.
b.
Each official position created in paragraph a hereof shall be filled
by a person qualified for such position pursuant to N.J.S.A. 52:27D-120
et seq., as amended, and N.J.A.C. 5:23, provided that, in lieu of
any particular subcode official, an on-site inspection agency may
be retained by contract pursuant to N.J.A.C. 5:23. More than one such
official position may be held by the same person, provided that such
person is qualified pursuant to N.J.S.A. 52:27D-129 et seq. and N.J.A.C.
5:23 to hold each such position.
c.
The public shall have the right to do business with the enforcing
agency at the Municipal Building, 930 River Road, New Milford, New
Jersey, except for emergencies and unforeseen or unavoidable circumstances.
[Ord. No. 76:17]
a.
There is hereby established a Construction Board of Appeals to hear
appeals from decisions by the enforcing agency. Such Board shall consist
of five members. At least one Board member shall be registered architect
or licensed professional engineer of building construction experience,
and at least one Board member shall be as qualified as a Plumbing
Subcode Official. No more than two Board members shall be selected
from the same business or profession. Each Board member shall have
had at least three years' experience in construction, design or supervision
as a licensed engineer or registered architect or, in the alternative,
five years' experience in construction, design or supervision as an
architect or engineer with a bachelor's degree in architecture or
engineering, respectively, from an accredited institution of higher
education or, as a further alternative, 10 years' experience in construction,
design or supervision as a journeyman in a construction trade or as
a construction contractor, subcontractor or inspector.
b.
Appointment of members and alternates.
1.
The Mayor, with the consent of the Borough Council, shall appoint
the Board members and any alternate members. Appointments shall be
made for terms of four years. Vacancies shall be filled for the unexpired
term.
2.
The Mayor shall appoint such number of alternates, as may be appropriate,
for terms not to exceed four years or may, in the alternative, appoint
alternates on a case-by-case basis.
3.
No regular or alternate Board member may be a member of the enforcing
agency, the decisions of which are subject to the review of the Board.
c.
The members of the Board of Appeals shall serve without compensation.
[1]
Editor's Note: At this time the duties of the Construction
Board of Appeals are being performed by the County Construction Board
of Appeals.
[Ord. No. 76:17; Ord. No. 84:7 § 1; Ord. No. 86:13 §§ 13; Ord. No. 90:1 § 1; Ord.
No. 91:4 § 1; Ord. No.
95:15; Ord. No. 2007:09; Ord. No. 2007:17; Ord. No. 2012:14; Ord.
No. 2014:15; Ord. No. 2018:09; amended 6-28-2021 by Ord. No. 2021:12; 2-13-2023 by Ord. No. 2023:02; 2-13-2023 by Ord. No. 2023:07]
b.
Basic minimum permit fee for each and all subcodes shall be $65.
1.
The building subcode fee shall be:
(b)
Renovations, alterations, and repairs. The fee shall be in the
amount of $25 per $1,000, from $50,001 up to and including $100,000.
(c)
Fees for combination renovations and additions shall be computed
as the sum of the fees computed separately for additions and alterations.
(d)
Fees for roofing and siding: for one- and two-family dwellings,
no permit required.
(1)
All other use groups shall be computed on $20 per $1,000.
(e)
Fees for minor construction work shall be $25 per $1,000 of
the estimated cost or fraction thereof.
(f)
State surcharge: calculated upon current state fees, N.J.A.C.
5:23-4.19(b).
4.
Restatement of lapsed permit. If the authorized work is suspended
or abandoned for a period of six months after the time of commencing
the work: recalculated.
8.
Plan review: 20% of the amount charged for the construction permit;
minimum fee: $25.
9.
Moving a building or structure: from one lot to another or to a new
location on the same lot, $25 per $1,000 of estimated cost of work
to be performed.
11.
Plumbing Subcode fees:
(a)
Fixture or stack (including lavatories, kitchen sinks, urinals,
water closets, bathtubs, floor drains, drinking fountains, dishwashers,
clothes washers, vent stacks, roof drains, gas piping, fireplace or
other similar devices), per fixture: $25.
(c)
Special devices (including grease traps, oil separators, water-cooled
air conditioning units, sewer ejectors, generators, or other similar
devices), per special device: $100.
(d)
Chimney liner: $60.
(g)
Domestic hot-water heater: $50.
(h)
Commercial hot-water heater: $100.
(k)
Condensate line: $25.
12.
Mechanical Subcode fees:
(a)
R3/R5 structure/use group minimum fee: $65.
(1)
Water heater: $50.
(2)
Fuel oil piping connections: $25.
(3)
Gas piping connections: $25.
(4)
Steam boiler: $100.
(5)
Hot-water boiler: $100.
(6)
Hot-air furnace: $60.
(7)
Oil tank with piping: $100.
(8)
LPG tank: $65.
(9)
Fireplace/woodstove: $25.
(10)
Chimney liner: $60.
(11)
Air Conditioning Unit: $100.
(12)
Generator: $100.
(13)
Other: $25.
13.
14.
Electric Subcode fees:
(e)
Line item fees (as per technical sections):
(2)
Dishwasher: $25.
(3)
Dryer: $25.
(4)
A/C units: $100.
(5)
Burglar alarm/intercom systems (include in fixture total) -
commercial only.
(6)
Smoke detectors (include in fixture total).
(7)
Pool bonding: $60.
(8)
Pool filter motor (by size as listed above).
(9)
Pool lights (include in fixture total).
(10)
Subpanels for pools (if listed by size as above).
(11)
Water heater (by size as above).
(12)
Central heat (by size as listed above).
(13)
Baseboard heat (by size as listed above).
(14)
Thermostats (include in fixture total).
(15)
Heat pump (by size as listed above).
(16)
Pumps (by size as listed above).
(17)
Motor control center (by amp size).
(18)
Signs (include in fixture total).
(19)
Light standards (include in fixture total).
(20)
Motor-fractional hp (include in fixture total).
(21)
Motors (all others) (by size as listed above).
(22)
Transformers/generators (by size as listed above).
(23)
Service/service entrance (by size as listed above).
16.
Zoning review fee (requires survey, a current survey depicts as exists):
$65. Fee shall be the sum of all work checked off to be done.
17.
Lead-Based Paint Inspection for Residential Rental Dwellings.
The fees for lead-based paint inspections in residential rental
dwellings shall be:
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PART I
ADOPTION OF HOUSING CODE
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[1968 Code § 53-1; New]
There is hereby created a Bureau of Housing Inspection, which
shall consist of the Building Subcode Official, the Plumbing Subcode
Official, the Sanitary Inspector, the Public Health Officer, and the
Fire Subcode Official. These Inspectors are designated and appointed
to exercise the powers and duties prescribed by this section.
[1968 Code § 53-2]
Pursuant to N.J.S.A. 40:49-5.1 et seq., the New Milford Housing
Code is hereby accepted, adopted and established as a standard to
be used as a guide in determining whether buildings in this municipality
are safe, sanitary and fit for human habitation and rental. Three
copies of the Housing Code have been placed on file in the office
of the Borough Clerk and are available to all persons desiring to
use and examine the same.
[1968 Code § 53-3; New]
The Property Maintenance Officials are hereby authorized and
directed to make inspections to determine the condition of buildings,
dwellings, dwelling units, rooming units and premises located within
the Borough, in order that he may perform his duty of safeguarding
the health and safety of the occupants of buildings and of the general
public. For the purpose of making such inspections, the Property Maintenance
Officials are hereby authorized to enter, examine and survey at all
reasonable times all buildings, dwellings, dwelling units, rooming
units and premises. The owner or occupant of every building, dwelling,
dwelling unit and rooming unit, or the person in charge thereof, shall
give the Property Maintenance Officials free access to such building,
dwelling, dwelling unit or rooming unit and its premises at all reasonable
times, for the purpose of such inspection, examination and survey.
Every occupant of a building, dwelling or dwelling unit shall give
the owner thereof, or his agent or employee, access to any part of
such building, dwelling or dwelling unit, or its premises, at all
reasonable times for the purpose of making such repairs or alterations
as are necessary to effect compliance with the provisions of this
section or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions of this section.
[1968 Code § 53-4; New]
a.
Whenever the Property Maintenance Official determines that there
are reasonable grounds to believe that there has been a violation
of any provisions of this section or of any rule or regulation adopted
pursuant thereto, he may give notice of such alleged violation to
the person responsible therefor as hereinafter provided. Such notice
shall:
1.
Be put in writing;
2.
Include a statement of the reasons why it is being issued;
3.
Allow a reasonable time for the performance of any act it requires;
and
4.
Be served upon the owner or his agent, or the occupant, as the case
may require; provided, that such notice shall be deemed to be properly
served upon such owner or agent, or upon such occupant, if a copy
thereof is served upon him personally or if a copy thereof is sent
by registered mail to his last known address or if a copy thereof
is posted in a conspicuous place in or about the building or dwelling
affected by the notice, or if he is served with such notice by any
other method authorized or required under the laws of this State.
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Such notice may contain an outline of remedial action, which
if taken will effect compliance with the provisions of this section
and with the rules and regulations adopted pursuant thereto.
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b.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this section or of any rule
or regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before the Borough Council, provided such
person shall file in the office of the Borough Clerk a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor within 10 days after the day the notice was served.
Upon receipt of such petition the Borough Council shall set a time
and place for such hearing and shall give the petitioner written notice
thereof. At such hearing, the petitioner shall be given an opportunity
to be heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the petition was filed; provided, that upon application of
the petitioner the Borough Council may postpone the date of the hearing
for a reasonable time beyond such 10 day period, if in its judgment
the petitioner has submitted a good and sufficient reason for such
postponement. After such hearing, the Borough Council shall sustain,
modify or withdraw the notice, depending upon its findings as to whether
the provisions of this section and of the rules and regulations adopted
pursuant thereto have been complied with. If the Borough Council sustains
or modifies such notice, it shall be deemed to be an order. Any notice
served pursuant to this section shall automatically become an order
if a written petition for a hearing is not filed in the office of
the Borough Clerk within 10 days after such notice is served. The
proceedings at such hearing, including the findings and decision of
the Borough Council, shall be summarized, reduced to writing and entered
as a matter of public record in the office of the Borough Clerk. Such
record shall also include a copy of every notice or order issued in
connection with the matter. Any person aggrieved by the decision of
the Borough Council may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of this State.
c.
Whenever the Property Maintenance Official finds that an emergency
exists which requires immediate action to protect the public health
or safety, he may, without notice or hearing, issue an order reciting
the existence of such emergency and requiring that such action be
taken as he deems necessary to meet the emergency. Notwithstanding
the other provisions of this section, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Borough Council shall
be afforded a hearing as soon as possible. After such hearing, depending
upon its findings as to whether the provisions of this section and
the rules and regulations adopted pursuant thereto have been complied
with, the Borough Council shall continue such order in effect, or
modify it or revoke it.
d.
Notwithstanding the provisions of this subsection hereof, violators
of the Borough Housing Code may be prosecuted without notice by filing
of a complaint by the Property Maintenance Official in the Borough
Municipal Court.
[1968 Code § 53-5; New]
The Property Maintenance Official is hereby authorized and empowered
to make and adopt such written rules and regulations as he may deem
necessary for the proper enforcement of the provisions of this section,
provided, however, that such rules and regulations shall not be in
conflict with the provisions of this section, nor in anywise alter,
amend or supersede any of the provisions thereof. The Property Maintenance
Official shall file a certified copy of all rules and regulations
which he may adopt in his office and in the office of the Borough
Clerk.
[1968 Code § 53-6]
No person shall occupy as owner, occupant, or rent to another
for occupancy, any dwelling or dwelling unit, for the purpose of living
therein, which does not conform to the provisions of the New Milford
Housing Code established hereby as the standard to be used in determining
whether a dwelling is safe, sanitary and fit for human habitation.
[1968 Code § 53-7]
Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5 and each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
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PART II
STANDARDS ESTABLISHED
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[1968 Code § 53-10; New]
The provisions of this Code shall constitute the standards to
guide the Property Maintenance Official or his agents in determining
the fitness of a building for human habitation, use or occupancy.
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PART III
DEFINITIONS
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[1968 Code § 53-11; New]
As used in this section:
Shall mean a structure, the use of which is incidental to
that of the main building, and which is attached thereto or located
on the same premises.
Shall mean the department, branch or agency of this municipality
which is authorized by the adopting ordinance to administer the provisions
of this Code.
Shall mean a combination of materials to form a construction
adapted to permanent or continuous occupancy or use for public, institutional,
residence, business or storage purposes, including dwellings.
Shall constitute a repetition of a violation of this Code
which occurs within 30 days of the previous violation.
Shall mean any structure designed for use by human occupants
for sleeping and living purposes, whether occupied or vacant.
Shall mean any room or group of rooms located within a dwelling,
forming a single habitable unit which includes facilities for living,
sleeping, cooking, eating, bathing and toilet purposes.
Shall mean the animal and vegetable and other organic waste
resulting from the handling, preparation, cooking and consumption
of food.
Shall mean any room commonly used for living purposes, but
shall not include any space in a dwelling used as a lobby, hallway,
closet, bathroom, kitchen, storage space, utility room, sunporch,
unfinished attic, cellar, or any other room having a floor space of
less than 70 square feet.
Shall mean the presence, within or around a building or in
or near waste disposal containers, of any insects, rodents, vermin
or other pests, which constitute a health hazard.
Shall mean any building, or that part of any building, containing
one or more lodging units, each of which is rented by one or more
persons not related to the owner.
Shall mean a rented room or group of rooms, containing no
cooking facilities, used for living purposes by a separate family
or group of persons living together or by a person living alone, within
a building.
Shall mean
Any public nuisance known as public law or in equity jurisprudence,
or as provided by State statutes or Borough ordinances.
Any attractive nuisance which may prove detrimental to the health
or safety of children whether in a building, on the premises of a
building or upon an unoccupied lot. This includes but is not limited
to: abandoned iceboxes, refrigerators, any structurally unsound fences
or structures, lumber, trash, fences, debris, or vegetation such as
poison ivy, oak or sumac, which may prove a hazard for inquisitive
minors.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Overcrowding of a room with occupants, in violation of this
Code.
Insufficient ventilation or illumination, in violation of this
Code.
Inadequate or insanitary sewage or plumbing facilities, in violation
of this Code.
Insanitary conditions or anything offensive to the senses or
dangerous to health, in violation of this Code.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Shall mean any person living, sleeping or having actual possession
of a dwelling unit or lodging unit.
Shall mean 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 dwelling or dwelling unit, as owner
or agent of the owner or as executor, administrator, trustee, receiver
or guardian of the estate, or as a 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 dwelling or dwelling unit 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 the lessee.
Shall mean and include all installed receptacles or devices
which are supplied with water or which receive or discharge liquid
waste or sewage into the drainage system with which they are directly
or indirectly connected.
Shall mean the officer or officers who are authorized by
this section to exercise powers prescribed by this Code.
Shall mean 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 communicating corridors, closets and storage spaces.
Shall mean any room or group of rooms forming a single habitable
unit which is rented or available for rent for sleeping purposes,
with or without cooking facilities.
Shall mean and include all combustible and noncombustible
waste material, except garbage.
Shall mean a combination of any materials, whether fixed
or portable, forming a construction, including buildings.
Shall mean and include electric, gas, heating, water and
sewerage services, and equipment therefor.
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PART IV
WATER SUPPLY
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[1968 Code § 53-12]
Every dwelling unit and lodging house shall be provided with
a safe supply of potable water meeting the standards as set forth
in Potable Water Standards as published by the New Jersey State Department
of Health.
[1968 Code § 53-13]
The source of such water supply shall be approved by the New
Jersey State Department of Health and/or the Board of Health.
[1968 Code § 53-14]
The minimum rate of flow of hot or cold water issuing from a
faucet or fixture shall be not less than one gallon per minute.
[1968 Code § 53-15]
It shall be the duty of every person who shall have contracted
or undertaken, or shall be bound, to furnish hot water for any building
or portion thereof occupied as a home or place of residence, to provide
such hot water 24 hours per day at a minimum temperature of one hundred
twenty degrees (120°F.) Fahrenheit.
[Ord. No. 2008:11]
No temporary water service shall be used by means of hoses,
aboveground pipes or other devices during any period of construction
or demolition, across property lines or encroaching upon any sidewalk,
roadway, alley, right-of-way or easement. The foregoing shall not
apply in the event of any emergency to supply water to any legally
occupied dwelling unit.
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PART V
SANITARY FACILITIES
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[1968 Code § 53-16]
Every dwelling unit shall contain a kitchen sink of nonabsorbent
impervious material. Each dwelling unit shall also contain at least
one flush-type water closet, a lavatory and a bathtub or shower, available
only for the use of the occupants of that dwelling unit and which
shall be completely enclosed in a room which affords privacy to the
occupants thereof. Every bathroom and water closet compartment shall
be adequately ventilated with openable area totaling one and one-half
(1 1/2) square feet, or by comparable mechanical ventilation.
[1968 Code § 53-17]
Every lodging house shall be provided with a minimum of one
flush-type water closet, lavatory and a bathtub or shower for every
eight persons or part thereof.
[1968 Code § 53-18]
Every water closet, lavatory and bathtub or shower for each
dwelling unit or lodging house shall be accessible from within the
building without passing through any part of any other dwelling unit
or lodging unit, and in a lodging house shall be located no farther
than one floor above or below the lodging units served. Such water
closet, lavatory and bathtub or shower shall be contained in a room
or rooms which are separated from all other rooms by walls, doors
or partitions that afford privacy.
[1968 Code § 53-19]
Every plumbing fixture shall be connected to water and sewer
systems approved by the Board of Health, and shall be maintained in
good working condition.
[1968 Code § 53-20]
Every kitchen sink, lavatory and bathtub or shower required
by this Code shall be connected to both hot and cold water lines.
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PART VI
GARBAGE AND RUBBISH DISPOSAL[1]
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[1968 Code § 53-21; Ord. No. 91:14 § 1]
The owner, lessee, agent, occupant or other person who manages
or controls any building, except a single-family dwelling, shall provide
and maintain receptacles for the deposit of garbage and rubbish. The
receptacles shall be provided for the use of each building, and shall
be of sufficient size and number to contain the waste accumulated
in such building during the period between collections. The receptacles
shall be so constructed as to hold their contents without leakage.
They shall be provided with tight-fitting covers. Larger master garbage
and rubbish containers of metal or other suitable nonporous material
may be used. Access to the containers shall be provided and shall
include proper lighting, and shall be located a sufficient distance
from an apartment or dwelling so as not to endanger the health of
the occupants. All containers shall be cleaned or disinfected at sufficiently
frequent intervals so as to prevent the decay of any organic matter.
[1968 Code § 53-25]
No person shall burn in the open any rubbish or garbage.
[Ord. No. 2015:10]
Any person convicted of a violation of a provision of this section
or any supplement thereto shall be liable to a penalty of not less
than $250 and not greater than $1,250 per occurrence. Each day on
which such violation continues shall constitute a separate occurrence.
It is the intention of the Governing Body that the fines should escalate
for subsequent violations.
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PART VII
LIGHTING
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[1968 Code § 53-27]
Every room shall have at least one window or skylight facing
directly to the outdoors. The minimum total window or skylight area,
measured between stops, for every habitable room shall be 10% of the
floor area of each room. Whenever walls or other portions of structures
face a window of any habitable room and are located less than three
(3') feet from the window and extend to a level above that of the
ceiling of the room, such a window shall not be included in calculating
the required minimum total window area.
[1968 Code § 53-28]
Every dwelling shall be provided with electric service.
[1968 Code § 53-29]
No temporary wiring shall be used except extension cords and
appliance cords which are run directly from portable electric fixtures
to convenience outlets, and which do not lie under rugs or other floor
coverings, nor extend through doorways, transoms or other openings
through structural elements.
[1968 Code § 53-30]
Every portion of each staircase, hall, cellar, basement landing,
furnace room, utility room and all similar nonhabitable space located
in a dwelling shall have either natural or artificial light available
at all times.
[1968 Code § 53-31]
Every portion of any interior or exterior passageway or staircase
common to two or more families in a dwelling shall be illuminated
naturally or artificially at all times. In dwellings composing two
dwelling units, such illumination shall not be required at all times
if separate switches, consistent and readily accessible to each dwelling
unit, are provided for the control of such artificial light by the
occupants thereof.
[1968 Code § 53-32]
Every bathroom and water closet compartment shall have either
natural or artificial light available at all times. Artificial lighting
shall be controlled by a wall switch so located as to avoid danger
of electrical hazards.
[Ord. No. 2008:12]
No temporary electric wiring shall be used during any period
of construction, across property lines or encroaching upon any sidewalk,
roadway, alley, right-of-way or easement. All on-site electric wiring
must be from appliance or extension cords which are directly run from
the electrical fixture to an approved outlet and which do not lie
under rugs or other floor coverings, nor extend through doorways,
transoms, or other openings through structural elements. The foregoing
shall not apply in the event of any emergency to supply electric to
any legally occupied dwelling unit.
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PART VIII
VENTILATION
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[1968 Code § 53-33]
Means of ventilation shall be provided for every room. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 45% of the minimum window area or minimum skylight area as required by subsection 10-2.29 of this Code, or by other means acceptable to the Public Officer which will provide at least two air changes per hour.
[1968 Code § 53-34]
Means of ventilation shall be provided for every bathroom or water closet compartment. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 45% of the minimum window area or minimum skylight area as required in subsection 10-2.29 of this Code, or by other means acceptable to the Public Officer which will provide at least six air changes per hour.
[1968 Code § 53-35]
Whenever mechanical ventilation is installed exhausts shall
be carried to the outer air through a fireproof duct.
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PART IX
HEATING REQUIREMENTS
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[1968 Code § 53-36; Ord. No. 72:20]
It shall be the duty of every person who shall have contracted
or undertaken or shall be bound to heat or to furnish heat for any
building or portion thereof occupied as a home or place of residence,
to heat or furnish heat for every occupied room in such building or
portion thereof so that a minimum temperature of seventy (70°F.)
degrees Fahrenheit shall be maintained therein at all times between
the hours of 6:00 a.m. and 11:00 p.m. and a minimum temperature of
sixty-five (65°F.) degrees Fahrenheit between the hours of 11:00
p.m. and 6:00 a.m. of each and every day from October 1 in each year
to June 1 of the succeeding year, and at all other times when the
street temperature shall fall below fifty-five (55°F.) degrees
Fahrenheit between the hours of 6:30 a.m. and 10:30 p.m.
[1968 Code § 53-37; New]
In case of mechanical failure to the heating system, it shall
be the duty of the custodian of the building immediately to notify
the Property Maintenance Official when heat shall be below prescribed
levels for two hours or more, and to specify the nature of the failure
and measures which are to be taken for restoration of required heating
services. The owner of the building shall exercise due care to insure
compliance with these requirements.
[Ord. No. 72:7]
The owner of any building having three or more units covered
in this section shall have all heating and hot water furnace or boiler
facilities inspected by a qualified person, other than an employee
of the owner or any person having a business relationship with the
owner, during the months of either June, July or August of every year.
The findings of these inspections are to be certified by such person
and a copy of these findings with recommendations are to be filed
with the Board of Health within 15 days of each inspection. Whenever
corrections or repairs are recommended, the Health Officer shall serve
the owner of the heating or hot water facility notice to abate such
condition within a specified time. Failure to make such corrections
or repairs within the specified period shall be considered a violation
of this section.
[1968 Code § 53-38]
No owner or occupant of a dwelling unit shall install or maintain
any oil appliance in any room used for sleeping purposes. Every space
heater, except electrical, shall be properly vented to a chimney or
duct leading to outdoors. Unvented portable space heaters burning
solid, liquid or gaseous fuels shall be prohibited.
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PART X
EGRESS
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[1968 Code § 53-39]
Every dwelling, dwelling unit or lodging unit shall have safe
and unobstructed means of egress. Such means of egress shall not be
through any other dwelling unit or part thereof and shall lead to
a safe and open space at ground level, accessible to a street.
[1968 Code § 53-40]
A room used for sleeping purposes under the provisions of subsection 10-2.69 of this Code shall be provided with a safe and unobstructed means of egress leading directly to an outside area, accessible to a street.
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PART XI
MAINTENANCE
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[1968 Code § 53-41; Ord. No. 2003:18; Ord. No. 2004:23; Ord. No. 2015:08]
The exterior of the premises, the exterior of dwelling structures
and the condition of accessory structures shall be maintained so that
the appearance of the premises and all buildings thereon shall reflect
a level of maintenance in keeping with the residential standards of
the neighborhood or such higher standards as may be specified in this
ordinance or as may be adopted as part of a plan of urban renewal
by the Borough as determined by the Borough Tax Assessor, will depreciate
the values of neighboring and adjoining premises as aforesaid.
a.
General Maintenance. The exterior of every structure or accessory
structure (including fences) shall be maintained in good repair and
all surfaces thereof shall be kept painted or whitewashed where necessary
for the purposes of preservation and appearance. The same shall be
maintained free of broken glass, loose shingles, crumbling stone or
brick, excessive peeling paint or other conditions reflective of deterioration
or inadequate maintenance, to the end that the property itself may
be preserved, safety and fire hazards eliminated and adjoining properties
and the neighborhood protected from blighting influences.
b.
Front Yard Parking. No person shall park, stop or stand any motor
vehicle, or permit or suffer the same to be done, in any front yard
area of premises occupied by a dwelling or hotel, except on driveways
and parking areas constructed and installed in compliance with applicable
Borough ordinances, and not less than three (3') feet from the interior
front sidewalk line adjacent to the premises, or in the absence of
sidewalks, not less than ten (10') feet from the curbline.
1.
Violations and Penalties. Any person convicted of a violation of
a provision of this section or any supplement thereto shall, upon
conviction thereof in the Borough Municipal Court, be subject to a
fee of not less than $100 and not greater than $1,250 per occurrence.
Each day on which such violation continues shall constitute a separate
occurrence. It is the intention of the Governing Body that the fines
should escalate for subsequent violations.
[1968 Code § 53-42; Ord. No. 2015:08]
The exterior of the premises and the condition of accessory
structures shall be maintained so that the appearance of the premises
and all buildings thereon shall reflect a level of maintenance in
keeping with the standards of the neighborhood or such higher standards
as may be adopted, and such that the appearance of the premises and
structures shall not constitute a blighting factor for adjoining property
owners nor an element leading to the progressive deterioration and
downgrading of the neighborhood with the accompanying diminution of
property values, including the following:
a.
Landscaping. Premises shall be kept landscaped and lawns, hedges
and bushes shall be kept trimmed and free from becoming overgrown
and unsightly where exposed to public view and where the same constitute
a blighting factor depreciating adjoining property.
b.
Signs and Billboards. All permanent signs and billboards exposed
to public view, permitted by reason of other regulations as a lawful
nonconforming use, shall be maintained in good repair. Any signs which
have excessively weathered or faded or those upon which the paint
has excessively peeled or cracked shall, with their supporting members,
be removed forthwith or put into a good state of repair. All inoperative
or broken electrical signs shall be repaired or shall, with their
supporting members, be removed forthwith.
c.
Windows. All windows exposed to public view shall be kept clean and
free of marks or foreign substances except when necessary in the course
of changing displays. All screening of interiors shall be maintained
in clean and attractive manner and in a good state of repair. Any
drapes, venetian blinds, shades or other screening that are visible
to the public view shall be maintained in a clean and attractive manner
and in a good state of repair.
d.
Storefronts. All storefronts shall be kept in good repair, painted
where required, and shall not constitute a safety hazard or nuisance.
In the event repairs to a storefront become necessary, such repairs
shall be made with the same or similar materials used in the construction
of the storefront in such a manner as to permanently repair the damaged
area or areas. Any cornice visible above a store front shall be kept
painted, where required, and in good repair.
e.
Signs or Advertisements; Removal.
1.
Except for "for rent" signs, any temporary sign or other paper advertising
material glued or otherwise attached to a window or windows or otherwise
exposed to public view shall be removed:
2.
Except during the course of repairs or alterations, no more than
25% of the square footage of any single window display area shall
be devoted to signs or other temporary advertising material attached
to the window or windows or otherwise exposed to public view.
f.
Awnings and Marquees. Any awning or marquee and its accompanying
structural members which extend over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
not constitute a nuisance or a safety hazard. In the event such awnings
or marquees are not properly maintained in accordance with the foregoing,
they shall, together with their supporting members, be removed forthwith.
In the event the awnings or marquees are made of cloth, plastic or
of similar materials, said cloth or plastic, where exposed to public
view, shall be maintained in good condition and shall not show evidence
of excessive weathering, discoloration, ripping, tearing or other
holes. Nothing herein shall be construed to authorize any encroachment
on streets, sidewalks or other parts of public domain.
g.
Violations and Penalties. Any person, firm or corporation convicted
of a violation of a provision of this section or any supplement thereto
shall, upon conviction thereof in the Borough Municipal Court, be
subject to a fee of not less than $250 and not greater than $1,250
per occurrence. Each day on which such violation continues shall constitute
a separate occurrence. It is the intention of the Governing Body that
the fines should escalate for subsequent violations.
[1968 Code §§ 53-43, 53-44; Ord. No. 2015:08]
a.
Residential, Every dwelling and accessory structure and every part
thereof shall be kept structurally sound and in a state of good repair
to avoid safety, health or fire hazards, including:
1.
Exterior Walls, Sidings and Roofs. Exterior walls, sidings and roofs
shall be kept structurally sound, in good repair and free from defects.
2.
Painting and Other Protective Coating. All exposed surfaces susceptible
to decay shall be kept at all times painted or otherwise provided
with a protective coating sufficient to prevent deterioration.
3.
Weather and Water-Tightness. Every dwelling unit shall be so maintained
as to be weather- and watertight.
4.
Exterior Walls, Roofs, Etc. Exterior walls, roofs, windows, window
frames, doors, door frames, foundations and other parts of the structure
shall be so maintained as to keep water from entering the structure
and to prevent excessive drafts. Damaged materials must be repaired
or replaced promptly; places showing signs of rot, leakage, deterioration
or corrosion are to be restored and protected against weathering and
seepage.
5.
Violations and Penalties. Any person convicted of a violation of
a provision of this section or any supplement thereto shall, upon
conviction thereof in the Borough Municipal Court, be subject to a
fee of not less than $100 and not greater than $1,250 per occurrence.
Each day on which such violation continues shall constitute a separate
occurrence. It is the intention of the Governing Body that the fines
should escalate for subsequent violations.
b.
Nonresidential.
1.
The exterior of every structure or accessory structure (including
fences, signs and store-fronts) shall be maintained in good repair
and all surfaces thereof shall be kept painted or white-washed where
necessary for purpose of preservation and appearance. All surfaces
shall be maintained free of broken glass, loose shingles, crumbing
stone or brick, excessive peeling paint or other condition reflective
of deterioration or inadequate maintenance, to the end that the property
itself may be preserved, safety and fire hazards eliminated and adjoining
properties and the neighborhood protected from blighting influences.
2.
Reconstruction of Walls and Sidings. All reconstruction of walls
and sidings shall be of standard quality and appearance commensurate
with the character of the properties in the same block and on both
sides of the street on which the premises front, such that the materials
used will not be of a kind that, by their appearance under prevailing
appraisal practices and standards as determined by the Borough Tax
Assessor, will depreciate the values of neighboring and adjoining
premises as aforesaid.
3.
Violations and Penalties. Any person, firm or corporation convicted
of a violation of a provision of this section or any supplement thereto
shall, upon conviction thereof in the Borough Municipal Court, be
subject to a fee of not less than $250 and not greater than $1,250
per occurrence. Each day on which such violation continues shall constitute
a separate occurrence. It is the intention of the Governing Body that
the fines should escalate for subsequent violations.
[1968 Code § 53-45]
Basements, cellar and crawl spaces are to be free of moisture
resulting from seepage, and cross ventilation shall be required where
necessary to prevent accumulations of moisture and dampness.
[168 Code § 53-46]
All parts of the premises shall be maintained so as to prevent
infestation.
[1968 Code § 53-47]
Properly fitting screens in good repair shall be supplied by
the owner for each exterior door and window of each dwelling unit
or rooming unit. Such screens shall have a mesh of not less than No.
16. Screens shall be installed and maintained by the owner or operator
on all doors from May 1 to October 1 of each year.
[1968 Code § 53-48]
All parts of the dwelling shall be kept in a clean and sanitary
condition, free of nuisance, and free from health, safety and fire
hazards.
[1968 Code § 53-49]
No accumulation or obstruction from garbage, refuse or rubbish
shall be permitted on common stairways, areaways, balconies, porches,
hallways, basements or cellars.
[1968 Code § 53-50]
Floors, interior walls and ceilings of every structure shall
be structurally sound and maintained in a clean and sanitary condition.
[1968 Code § 53-51]
Floors shall be considered to be structurally sound when capable
of safely bearing imposed loads and shall be maintained at all times
in a condition so as to be smooth, clean, free from cracks, breaks
and other hazards.
[1968 Code §§ 53-52, 53-53]
a.
Residential. Bathroom, water closet compartment and kitchen floors
shall be surfaced with water-resistant material and shall be kept
at all times in a dry, clean and sanitary condition, and shower room
floors shall be kept clean and sanitary.
b.
Nonresidential. Washroom and water closet compartment floors shall
be surfaced with water-resistant material and shall be kept in a dry,
clean and sanitary condition at all times.
[1968 Code § 53-54]
Floors of basements and cellars shall be paved with concrete
not less than four (4") inches thick and shall be maintained at all
times in a condition so as to be smooth, clean, free from breaks and
other hazards.
[1968 Code § 53-55]
Supporting structural members are to be kept structurally sound,
free of deterioration and capable of bearing imposed loads safely.
[1968 Code § 53-56]
Walls and ceilings shall be considered to be in good repair
when clean, free from breaks, loose plaster and similar conditions.
Walls shall be provided with paint, paper, sealing material or other
protective covering so that the said walls and ceilings shall be kept
clean, free of visible foreign matter, sanitary, and well maintained
at all times.
[1968 Code § 53-57]
Interior stairs of every structure shall be structurally sound
and free from defects. Handrailings or banisters, when required for
stairs, balconies, fire escapes and stairwells, shall be securely
attached, maintained free from defects and shall be of sufficient
height to guard against accidents and to be appropriate for use by
persons of normal height utilizing the stairway. Stairs shall be adequately
lighted in all places with control switches operable from each story,
to permit safe use at night for persons ascending or descending, except
in establishments subject to licensing or where janitorial service
is provided and artificial lighting for hallways and common areaways
is supplied, in accordance with State law, from a master control switch.
[1968 Code § 53-58]
Accumulations of combustible materials are prohibited and responsibility
for removal thereof shall be with the owner and operator of the premises.
The owner of the premises shall also be responsible for maintaining
all storage areas in a neat and orderly manner.
[1968 Code § 53-59; Ord. No. 88:14 § 1; Ord. No. 89:20 § 1]
a.
All parking areas held out to the public for its use must be maintained
in good state of repair and kept clean and free of rubbish and garbage.
All entrances and exits to these parking areas shall be maintained
free of all obstructions. If the obstruction is a motor vehicle, the
owner or operator of the vehicle will be responsible.
b.
ABANDONED MOTOR VEHICLE – Shall mean a motor vehicle designed
for operation on public streets and ways which is not and has not
been for a period of 30 days or more currently registered with a governmental
agency and does not have displayed on the vehicle a current inspection
sticker.
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PART XII
USE AND OCCUPANCY OF SPACE
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[1968 Code § 53-60]
No part of the dwelling, except a habitable room shall be used
for sleeping purposes.
[1968 Code § 53-61]
Any dwelling used by a single family shall be excluded from
this subsection of the Code. By a single family is meant a husband,
wife and their dependent children.
[1968 Code § 53-62]
Children under one year of age will not be counted as occupants
of a dwelling unit.
[1968 Code § 53-63]
Every dwelling unit shall contain at least 150 square feet of
floor space for the first occupant thereof and at least 100 additional
square feet of floor space for every additional occupant thereof,
the floor space to be calculated on the basis of total habitable room
area.
[1968 Code § 53-64]
In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes by one occupant shall contain at least 70 square
feet of floor space and every room occupied for sleeping purposes
by more than one occupant shall contain at least 50 square feet of
floor space for each occupant thereof. Notwithstanding the foregoing,
in every lodging unit every room occupied for sleeping purposes by
one occupant shall contain at least 80 square feet of floor space,
and every room occupied for sleeping purposes by more than one occupant
shall contain at least 60 square feet of floor space for each occupant
thereof.
[1968 Code § 53-65; New]
At least 1/2 of the floor area of every habitable room shall
have a ceiling height of at least seven feet six (7'6") inches or
as established in the B.O.C.A. Code. The floor area of that part of
any room where the ceiling is less than five (5') feet shall not be
considered as part of the floor area in computing the total floor
area of the room for the purpose of determining the maximum permissible
occupancy thereof.
[1968 Code § 53-66]
No room in a dwelling may be used for sleeping if the floor
level of the room is lower than three and one-half (3 1/2') feet
below the average grade of the ground adjacent to and within fifteen
(15') feet of the exterior walls of the room.
[1968 Code § 53-67]
A room located below the level of the ground but with the floor
level less than three and one-half (3 1/2') feet below the average
grade of the ground adjacent to and within fifteen (15') feet of the
exterior walls of the room may be used for sleeping provided that
the walls and floor thereof in contact with the earth have been dampproofed
in accordance with a method approved by the Property Maintenance Officer,
and provided also that the windows thereof are at least fifteen (15')
feet from the nearest building or wall.
[1968 Code § 53-68]
Whenever there is a change in the occupancy and use of a commercial
establishment, a new certificate of occupancy shall be required. The
premises shall not be occupied or business conducted until such certificate
of occupancy has been issued.
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PART XIII
DUTIES AND RESPONSIBILITIES OF OWNERS AND OCCUPANTS
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[1968 Code § 53-69; New]
It shall be the duty and responsibility of the owner:
a.
To keep every dwelling and every part thereof (except as provided in subsection 10-2.76), including the roof, walls, floors, provided carpeting, ceilings, attics, cellars, halls, stairs, stairways, porches, plumbing, provided heating plants and provided fixtures and equipment for heating water, including chimneys and smoke pipes, doors, windows, foundations and rubbish containers, in a state of sound repair and in a clean and sanitary condition.
b.
To maintain such dwelling so there will not be excessive heat loss
caused by lack of or improper maintenance of the doors, windows, walls,
roofs or other parts of the building.
c.
To refrain from shutting off, or causing to have discontinued or
disconnected, provided utilities for any occupied dwelling, except
where such interruption of utility service is necessary while in the
actual process of making repairs, or during temporary emergencies
for which repairs are being arranged.
d.
To keep the basement or cellar dry and ventilated. The floors of
such basement or cellar shall be paved with brick, cement, tile or
asphalt or with some other impervious material. The sidewalls and
ceilings of every basement or cellar shall be kept free from dampness.
The basement or cellar shall be kept clean and free from any accumulation
of filth, ashes, garbage, rubbish, refuse, junk, soil matter, wood,
paper and other combustible or putrefactive nature, and if not, and
request therefor is made by the Property Maintenance Official or his
agent, same shall be cleaned and disinfected.
e.
To keep sidewalls and ceilings of such dwelling, dwelling unit and
every habitable room, hall, closet and compartment clean and sufficiently
plastered, painted or papered, so that the same may have clean, smooth
and washable surfaces.
f.
To keep the flooring of the halls, stairs and landings clean and
free from filth, ashes, garbage, rubbish, refuse, junk, soil, water,
drainage water, slop, wood, paper and other material of a putrefactive
or combustible nature, and free from fire and accident hazards.
g.
To keep the porches, stairways, landings, steps, floors, fire escapes,
courts, yards, alleys, areaways, passageways and all surrounding exterior
surfaces of any dwelling free from any accumulation of filth, ashes,
garbage, refuse, junk, paper, wood, soil matter, waste matter, drainage
and other material of a combustible or putrefactive nature. Such place
shall at all times be kept free from fire and accident hazards.
h.
To maintain and keep chimneys, smokestacks, smokepipes and flues,
and provided heating equipment of such dwelling, free from defects
and in such condition as to prevent coal or illuminating gas, soot,
smoke or noxious fumes or odors from entering such dwelling unit or
habitable rooms, or any dwelling or dwelling unit adjacent thereto.
i.
To keep the room, gutters, leaders, sidewalls, windows and window
frames of such dwelling, and every part thereof, structurally sound
and free from leakage of rainwater. All drainage therefrom shall be
conveyed so as to avoid the drippings of such water upon neighboring
adjacent property.
j.
To maintain the dwelling free of vermin and rodents and to exterminate
the same.
k.
To provide in every room of every dwelling a window or skylight opening
direct to the outer air, as provided in Parts VII and VIII of this
Code.
l.
In every tenancy where the owner has furnished or has agreed to furnish
window and door screens, or either, as a preventative against fly
and mosquito infestation, it shall be the duty of the owner at all
times to keep such screening in good and serviceable condition for
the benefit of the occupant.
m.
In all dwellings to be hereafter constructed, it shall be the duty
of the owner to provide the occupant of every dwelling with adequate
window and door screens and to maintain the same at all times in good
and serviceable condition.
n.
No owner shall occupy or let to an occupant any vacant dwelling unit
or lodging unit unless it is clean and sanitary.
o.
The owner shall be responsible for compliance with all provisions
of this Code not specified as the responsibility of the occupants.
[1968 Code § 53-70]
It shall be the duty and responsibility of the occupant:
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PART XIV
FIRE SAFETY REQUIREMENTS; SOLAR PANELS
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[1968 Code § 53-71; Ord. No. 2012:03; Ord. No. 2016:07; Ord. No. 2016:15; Ord.
No. 2016:16]
The standards and practices for the prevention of fire shall be as set forth in Chapter 13 establishing a Bureau of Fire Prevention in the Borough, providing officers therefor, defining their powers and duties and providing penalties for the violation thereof.
[Ord. No. 2012:03; Ord. No. 2016:07; Ord.
No. 2016:15; Ord. No. 2016:16]
a.
SOLAR ENERGY SYSTEM
SOLAR PANELS
Definitions.
Shall mean a solar energy system and all associated equipment
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function through the use of solar
panels, solar shingles or similar technology. This definition shall
exclude mounted ground systems.
[Ord. No. 2016:16]
Shall mean a structure containing one or more receptive cells,
the purpose of which is to convert solar energy into usable electrical
energy by way of a solar energy system.
b.
Purpose. The purpose of this subsection is to establish requirements
for the installation of solar panels within the Borough of New Milford.
c.
Permit Requirements.
1.
Before any solar panel may be installed, plans for such installation
shall be submitted to the New Milford Building Department and New
Milford Fire Department officials. No solar panel shall be installed
without a permit issued by the Borough.
2.
The design of the solar panel system shall conform to all applicable
industry standards including the New Jersey Uniform Construction Code,
the National Electric Code and the New Milford Building Code and Zoning
Regulations. The applicant shall submit certificates of design compliance
obtained by the equipment manufacturer from a certified organization
and any such design shall be certified by an engineer registered in
the State of New Jersey. The manufacturer specifications shall be
submitted as part of the application.
d.
Installation Requirements.
1.
Solar panels shall be permitted as a rooftop installation in any
zoning district. A roof-mounted system may be mounted on a principal
building.
[Ord. No. 2016:16]
2.
Roof-mounted solar panels shall be mounted parallel to the roof angle
and shall not exceed a height of 12 inches above the rooftop.
3.
A roof-mounted solar panel that is mounted on a flat roof may be
angled to achieve maximum sun exposure but shall not exceed five feet
above the roof.
4.
All roof-mounted panels shall be installed at least three feet from
the roof edges.
5.
(Reserved)
[Ord. No. 2016:07; Ord. No. 2016:15; Ord.
No. 2016:16]
6.
Solar panels shall be placed such that concentrated solar radiation
or glare shall not be directed onto nearby properties, businesses,
residential homes or roadways.
7.
All exterior electrical lines must be painted a color scheme that
matches as closely as reasonably possible the color of the structure
and adjacent materials.
8.
An external disconnect switch, which is clearly identified and unobstructed,
shall be provided.
9.
Signage identifying the use of solar panels shall be posted at an
easily visible location. The signage shall clearly state the name,
address and telephone number of the vendor authorized to deactivate
the solar panel system in the case of an emergency.
10.
In addition to the required signage, property owners shall provide
the Borough Fire Official with a map illustrating the location of
the disconnect switch, as well as any information regarding the vendor
authorized to deactivate the solar panel.
11.
Marking is required on all interior and exterior direct conduit,
raceway, enclosures, cable assemblies and junction boxes to alert
the Fire Service to avoid cutting them.
12.
(Reserved)
[Deleted by Ord. No. 2016:16]
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PART XV
CONFLICT OF ORDINANCES
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[1968 Code § 53-72]
Nothing in this Code shall be construed to abrogate or impair
the powers of any department of this municipality or any agency of
the State to enforce any provisions of its Charter or its ordinance,
code, regulations or statutory provisions or to prevent or punish
violations thereof.
[Ord. No. 74:6]
The Mayor and Council has determined that the health, safety
and welfare of tenants requires that heat, water and sanitary facilities
shall be in proper working order at all times in accordance with Borough
ordinances and to provide against the hardship and the danger to health
resulting from breakdowns of these facilities and to ensure the repair
of these facilities when an emergency arises.
[Ord. No. 74:6]
As used in this section:
Shall mean any condition, dangerous or injurious to the health
or safety of the occupants of a building, or occupants of neighboring
buildings, which arises out of any of the following circumstances
or conditions:
Shall mean any building or structure of one or more stories,
and any land appurtenant thereto and any portion thereof, in which
four or more dwelling units are occupied, or are intended to be occupied,
by four or more persons who live independently of each other. Premises
which are used primarily for purposes other than sleeping, dwelling
or residence purposes shall not be considered a "multiple dwelling."
"Multiple dwellings" consisting of less than four dwelling units are
excluded from this section.
[Ord. No. 74:6; New]
All persons or corporations owning multiple-dwelling units shall,
upon the adoption of this ordinance, deposit the sum of $10 for each
apartment owned by it. The interest on such deposits shall be retained
by the Borough in lieu of an administrative fee for the enforcement
of this section. The aforesaid sum shall be paid to the Borough Clerk,
who shall deposit the same in a landlord emergency repair trust account,
and the Borough Clerk shall render to each landlord a quarterly statement
of the balance of the account and disbursements made pursuant to this
section, and if the balance is less than the amount required by this
section the amount so due must be paid within 15 days after the issuance
of the statement by the Borough Clerk.
[Ord. No. 74:6]
In the event that, in the opinion of the Borough Health Officer,
an emergency exists in a multiple-dwelling unit by reason of the breakdown
of sanitary facilities, heat or water supply, he shall notify the
owner or his representative and demand immediate repairs to be made.
If, in the opinion of the Borough Health Officer, the owner or representative
fails to make the repairs and pursue the repairs diligently, the Borough
Health Officer shall certify the same to the Mayor and Council who
may then order the work done by others and charge the cost thereof
to the account of the owner of the apartment so affected.
[Ord. No. 74:6]
Any failure to pursue the work required to be done by this section
in a diligent manner or to make the repair required by the Borough
Health Officer shall be a violation hereof. The failure of any person
or corporation owning multiple-dwelling units in the Borough, as herein
set forth, to deposit the funds herein provided for shall constitute
a violation hereof.
[Ord. No. 74:6; New]
[Ord. No. 73:8]
All dwellings, houses, stores or buildings erected within the
limits of the Borough shall be numbered in conformity with the street
numbers on the Borough Assessment Map filed in the office of the Borough
Tax Collector.
[Ord. No. 73:8]
Upon application by the owner of any property in the Borough,
which application shall include the lot and block thereof on the Borough
Assessment Map of such property, the Tax Collector shall furnish the
applicant with the correct number of the property.
[Ord. No. 73:8]
The owner of each parcel of property in the Borough shall attach
the number of such property on the mailbox or other conspicuous place
that is visible from the road adjoining same. Each numeral shall be
at least three (3") inches in height and two (2") inches in width.
[Ord. No. 73:8; New]
[Ord. No. 69:2]
It is the considered opinion of the Mayor and Council that senior
citizens of low income in the community are entitled to safe and sanitary
housing accommodations at rentals such persons can afford.
Such low-rental housing accommodations are in extremely short
supply and overcrowded, and congested housing will eventuate from
such a shortage and thereby impair public safety and economic values.
It is a governmental function to seek public moneys to acquire
property and construction and/or rehabilitate or lease housing facilities
for low-income senior citizens.
The Borough is desirous of having its territorial area included
in the area of operation of the Housing Authority of Bergen County.
[Ord. No. 69:2]
The Borough desires to participate in the area of operations
of the Housing Authority of Bergen County throughout its territorial
boundary and the jurisdiction of its Mayor and Council for the purpose
of alleviating the shortage of safe and sanitary housing for low-income
senior citizens.
The Borough does hereby consent to its inclusion in the area
of operations of the Housing Authority of Bergen County.
[Ord. No. 69:2]
The Clerk is hereby authorized and directed to file a certified
copy of this section with the Commissioner of the State Department
of Conservation and Economic Development and with the Secretary of
the Housing Authority of Bergen County.
[Ord. No. 90-24 § 2]
This section shall be known and may be cited as the "Certificate
of Occupancy on Resale of Homes."
[Ord. No. 90-24 § 3; Ord. No. 2012:13]
It is the intent and purpose of this section to:
a.
Avoid the danger and threat to the health, safety and welfare of
the citizens of the Borough by preventing the conversion of legal
housing to illegal housing.
[Ord. No. 90:24 § 4;
amended 2-13-2023 by Ord. No. 2023:03]
a.
The Construction Official (and/or other appropriate designated department officials) shall not issue a certificate of occupancy for any building, structure or unit which does not conform to the state construction codes and provisions of this chapter, including but not limited to Section 18-4.
b.
No residential premises located in the Zoning District A shall be
sold or purchased without the issuance of a continuing certificate
of occupancy.
c.
The seller or buyer of the premises about to be sold, or his respective
agents, shall apply to the Construction Official for a certificate
of occupancy and shall supply as necessary, information on said application
all facts relating to the premises that the Construction Official
and other Borough department officials deem necessary.
d.
The Construction Official (and/or other appropriate designated department
officials) shall review same, within 10 days and shall either issue
a continuing certificate of occupancy or a written statement of the
reasons for denial of same.
[Ord. No. 90:24 § 5; Ord. No. 2007:17]
The fee for the application for the continuing certificate of
occupancy shall be $50.
[Ord. No. 2010:01]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean prefabricated I-joists, truss joists, truss rafters,
and laminated beams and studs.
Shall mean emblem made of reflective material, in the shape
and form designed by the New Milford Fire Department, containing information
identifying a structure as containing engineered lumber.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation, whether installed on, above or
below the surface of a parcel of land.
[Ord. No. 2010:01]
The Borough Construction Official shall determine if a structure
contains engineered lumber. All structures containing engineered lumber
must have a reflective symbol affixed to an electrical meter serving
the structure. The reflective symbol shall be applied by the Construction
Official and shall be a condition of the issuance of a certificate
of occupancy.
[Ord. No. 2010:01]
The reflective symbol shall be in the form designed by the New
Milford Fire Department and will contain lettering to identify the
location of any engineered lumber in the structure.
[Ord. No. 2010:01]
This section shall apply to structures, whether residential,
commercial or otherwise, including structures existing at the time
of the effective date of this section.
[Ord. No. 2010:01]
This section shall be enforced by the Construction Official
of the Borough of New Milford.
[Ord. No. 2010:01]
Any person violating this section by refusing to use the reflective
symbol or by removing or tampering with the reflective symbol shall
be subject to a fine in an amount of $25 per violation. Each day that
a violation continues shall be deemed to be a separate and distinct
offense.
[Ord. No. 2010:01]
All ordinances inconsistent with the provisions of this section
are hereby repealed as to such inconsistencies only.
[Ord. No. 2010:01]
If any provision of this section shall be found to be invalid,
for any reason, by the final judgment of a court of competent jurisdiction,
the invalidity of such provision shall not affect the remaining provisions
of this section, which shall be severable therefrom.
[Amended in entirety 8-28-2023 by Ord. No. 2023:29. History includes Ord. No. 2010:10.]
[Amended 8-28-2023 by Ord. No. 2023:29]
Although pursuant to the Uniform Construction Code adopted by
the State of New Jersey and by these ordinances, required inspections
are made throughout the course of all residential construction projects
in the Borough, the Borough has discerned the need to monitor more
closely construction and construction processes to help ensure compliance
with the plans, specifications, requirements, Land Use Board resolutions
and developer agreements, that serve as the basis for the issuance
of construction and other permits. The goal of this section is to
eliminate construction and construction techniques which result in
the erection of nonconforming buildings and structures. These benefits
are addressed to the health, safety and welfare of the residents of
the Borough of New Milford.
All surveys required by this section shall be prepared by a
New Jersey State licensed engineer or professional land surveyor.
Two signed and sealed surveys are required for as-builts.
[Amended 8-28-2023 by Ord. No. 2023:29]
At the time of submission of the plans (engineering, architectural,
etc.) for a residential construction project that either creates a
new structure or that affects an alteration, modification, extension
or other change to the roof or roof line of an existing structure,
and before a construction permit shall issue, the applicant for such
a permit shall file with the Zoning Official, as part of a plan or
separately, a survey(s) of the subject property which shall include
(but not be limited to) descriptions of all property boundaries, existing
topographical conditions and measurements, existing structural features,
and other elements of existing conditions so that the preconstruction
circumstances of the subject property are fairly and accurately described
and depicted.
[Amended 8-28-2023 by Ord. No. 2023:29]
An as-built survey shall be submitted to the Zoning Officer
in accordance with the terms of the as built survey application submitted
at the time of construction permit application. Same shall be provided
in the time frame as follows:
Foundation location: a survey that shows the location of the
foundation and the front, side, rear yard setbacks from the property
line to the nearest point of the foundation. This survey will be submitted
within 10 days following the request for the foundation inspection.
Failure to submit the survey within the required timeframe will result
in the zoning approval being revoked and the issuance of a stop work
order from the Zoning Officer.
Ridge height: a survey that shows the height of the highest
part of the ridge beam as measured from the average of the four corners
of the foundation. The survey shall show the calculations used to
verify the ridge height. This survey will be completed within 10 days
following the request for the frame inspection. Failure to submit
the survey within the required timeframe will result in the zoning
approval being revoked and the issuance of a stop work order from
the Zoning Officer.
Final as-built survey: A final survey shall be completed in accordance with subsection 10-9.4.
[Amended 8-28-2023 by Ord. No. 2023:29]
No certificate of occupancy for a residential construction project
shall be issued in the absence of the filing by the applicant therefor
of a final as-built survey which shall fairly and accurately depict
the post-construction condition of the completed and to-be-completed
construction at and upon the subject property. The as-built survey
shall show and include, but not be limited to, the following:
a.
Locations of all existing conditions including dimensions and materials
of driveways, utility pads, curbing, steps, sidewalks, barrier-free
ramps, location and sizes of roof leaders, seepage pits, storm drains,
catch basins, head walls, rip-rap, manholes, sanitary system including
location of tie-in to Borough sewer main, water service lines, including
valves, hydrants, guide rails, air conditioning units, fences, structures
and other construction details with dimensions and offsets to property
lines, and tree locations (Borough/street, and site trees exceeding
a six inch caliper DBH);
b.
Finished contour lines over the entire site;
c.
Spot elevations for driveway intersections with street, inverts of
all storm drains and sanitary sewers, finished grades at corners and
entrances to building, and finished floor elevations and drainage
swales;
d.
Survey data for all boundaries of the property and on-site easements,
if any, and width of roadway rights-of-way and locations of in/on
street utilities;
e.
Utility locations and valve boxes;
f.
Retaining walls (if any) including top and bottom of wall elevations;
g.
Sanitary sewer clean out location with distance ties to the house
corners;
h.
Lot size, in square feet;
i.
Flood zone information including stream encroachment lines and wetlands
delineations and buffer zones, if applicable;
j.
Final built dwelling height calculated in accordance with the Borough
ordinance. Grade elevations of the four corners of the structure should
be shown as well as the highest roof peak elevation, including the
calculations that determine the height.
[Added 2-13-2023 by Ord. No. 2023:02]
New Jersey law (P.L. 2021, c. 182) requires that a certified lead evaluation contractor perform inspections of certain single-family, two-family, and multi-family residential rental dwellings for lead-based paint hazards. The dwelling owners/landlords are required by State law to have the inspection performed by either an inspector retained by the Borough or by directly hiring a certified lead evaluation contractor for this purpose. The fee for an inspection by a Borough retained inspector is set forth in Subsection 10-1.3.
[Added 2-13-2023 by Ord. No. 2023:02]
a.
All residential rental dwelling units required to be inspected under
State law must initially be inspected for lead-based paint upon tenant
turnover, but the first inspection must take place no later than July
22, 2024 in the event there has been no tenant turnover before that
date.
b.
After the initial inspection, all units required to be inspected
shall be inspected for lead-based paint hazards every three years,
or upon tenant turnover, whichever is earlier. An inspection upon
tenant turnover is not required if the owner has a valid lead-safe
certificate. Lead-safe certificates are valid for two years. If the
lead-safe certificate has expired, and there will be a tenant turnover,
an inspection will be necessary before the three-year inspection.
[Added 2-13-2023 by Ord. No. 2023:02]
All single-family, two-family, and multiple rental dwellings
must be inspected except for the following dwellings which are exempt:
a.
Dwellings that were constructed during or after 1978.
b.
Single-family and two-family seasonal rental dwellings which are
rented for less than six-months duration each year by tenants that
do not have consecutive lease renewals.
c.
Dwellings that have been certified to be free of lead-based paint
pursuant to N.J.A.C. 5:17-3.16(b).
d.
Multiple rental dwellings that have been registered with the Department
of Community Affairs for at least 10 years and have no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the "Hotel and Multiple Dwelling Law"
(N.J.S.A. 55:13A-1).
e.
Dwellings with a valid lead-safe certificate issued pursuant to P.L.2021,
c.182. Lead-safe certificates are valid for two years from the date
of issuance.
[Added 2-13-2023 by Ord. No. 2023:02]
a.
Owners/Landlords of all dwellings subject to the inspection requirements
under this Chapter shall register their unit(s) with the Borough and
provide the Borough with up-to-date information on inspection schedules,
inspection results, and tenant turnover.
b.
A copy of all lead-safe certifications issued for property located
in the Borough of New Milford shall be provided to the Borough by
the evaluation contractor.
c.
An Owner/Landlord shall provide the Borough with a copy of any lead-free
certification issued pursuant to N.J.A.C. 5:17 for their unit(s).
[Added 2-13-2023 by Ord.
No. 2023:02]
a.
A property owner/landlord within the Borough of New Milford shall
comply with the requirements of P.L.2021, c.182 and this Chapter.
If a Borough Official determines that a property owner has failed
to comply with the inspection requirements of this Chapter, the property
owner shall be given a thirty-day notice to cure any violation by
ordering the necessary inspection or by initiating remediation. If
the dwelling owner has not cured the violation within 30 days, the
owner shall be subject to a penalty not to exceed $1,000 per week
until the required inspection has been conducted or remediation efforts
initiated.
b.
Any other violation of the provisions of this Chapter shall be subject
to a fine of not less than $50 nor more than $500 for each offense.
