[Ord. #7/15/74; Ord. #408]
The township committee and the township board of health have
adopted certain standard codes promulgated by Departments of the State
of New Jersey together with stated amendments thereto as hereafter
appears. Copies of such codes are filed with the township clerk and
may be obtained from the promulgating agency, e.g., Department of
Health, Department of Environmental Protection, etc. Except to the
extent amended, the full text of the codes and the regulations promulgated
thereunder are incorporated herein by reference.
Amendments and supplements to these codes such as may be adopted
in the future by the pertinent Departments of the State of New Jersey
are also incorporated herein by reference.
[Ord. #444]
There is hereby established in the township a State Uniform
Construction Code Enforcing Agency to be known as the Township of
Hopewell Building Department, consisting of a construction official,
building subcode official, plumbing subcode official, electrical subcode
official, fire protection subcode official, and such other subcode
officials for such other 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. The township
committee shall by resolution name the construction official and assign
or reassign assisting personnel to the construction department to
serve as appropriate subcode officials.
In lieu of an appointment of an electrical subcode official
or a contract with an electrical on-site inspection agency, the existing
electrical inspection authorities may continue to operate as per N.J.A.C.
14:5-71.1 et seq. until the township directly contracts with same,
but in no case shall such existing electrical inspection authorities
continue after January 1, 1978, except in conformity with Article
35 of the Regulations of the New Jersey Administrative Code.
[Ord. #444]
Each official position created in subsection 11-2.1 hereof shall be filled by a person qualified for such position pursuant to N.J.S.A. 1975, C. 217 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.
[Ord. #444]
The public shall have the right to do business with the enforcing
agency at one office location except for emergencies and unforeseen
or unavoidable circumstances. This office shall be at the Hopewell
Township Municipal Building, Scotch Road and Route 546, Hopewell Township,
New Jersey.
[Ord. #444]
The fee for a construction permit shall be the sum of the subcode fees listed in the General Ordinances of the Township of Hopewell, Chapter 10, Fees and Permits, as amended.
[Ord. #444]
The establishment of fire limits and the requirements related
thereto is hereby deferred pursuant to the enabling legislation to
be determined prior to July 1, 1977.
[Ord. #444]
The enforcing agency may adopt rules for its internal governance,
not inconsistent with any specific provision of law or the regulations
and subject to the approval of the township committee.
[Ord. #7/15/74]
Uniformity in the exterior design and appearance of buildings
erected in the same residential neighborhood for occupancy as dwellings
adversely affects the desirability of the immediate and neighboring
areas for residential purposes and impairs existing residential property
in such areas; impairs the stability and value of both improved and
unimproved real property, prevents the most appropriate development
of such areas, produces degeneration of residential property in such
areas with attendant deterioration of conditions affecting the health,
safety and morals of the inhabitants thereof and the community at
large; deprives the municipality of tax revenue which it otherwise
could receive and destroys a proper balance in relationship between
the taxable value of real property in such areas and the cost of the
municipal services provided therefor. It is the purpose of this chapter
to prevent these and other harmful effects of uniformity in the exterior
design and appearance of buildings erected in the same residential
neighborhood for occupancy as dwellings and thus promote and protect
the health, safety, morals and general welfare of the community.
[Ord. #7/15/74]
No building permit shall be issued under this chapter for the
erection of any building for occupancy as a dwelling, if it is like
or substantially like any neighboring building as hereinafter defined,
then in existence or for which a building permit has been issued,
in more than three of the following six respects:
a.
Height of the main roof ridge, or, in the case of a building with
flat roof, the highest point of the roof beams, above the elevation
of the first floor;
b.
Height of the main roof ridge above the top of the plate (all flat
roofs shall be deemed identical in this dimension);
c.
Length of the main roof ridge, or, in the case of a building with
a flat roof, length of main roof;
d.
Width between outside walls at the ends of the building measured
under the main roof at right angles to the length thereof;
e.
Relative location of windows in the front elevation or in each of
both side elevations with respect to each other and with respect to
any door, chimney, porch or attached garage in the same elevation;
f.
In the front elevation, both:
1.
Relative location with respect to each other of garage, if attached,
porch, if any, and the remainder of the buildings; and
2.
Either:
(a)
Height of any portion of the building located outside the limits
of the main roof, measured from the elevation of the first floor to
the roof ridge, or, in the case of a flat roof, the highest point
of the roof beams; or
(b)
Width of the portion of the building if it has a gable in the
front elevation, otherwise length of said roof ridge or said flat
roof in the front elevation.
[Ord. #7/15/74]
Buildings shall be deemed to be like each other in any dimension
with respect to which the difference between them is not more than
two feet. Building between which the only difference in relative location
of elements is end to end or side to side reversal of elements shall
be deemed to be like each other in relative location of such elements.
In relation to the premises with respect to which the permit is sought,
a building shall be deemed to be a neighboring building if the lot
upon which it or any part of it has been or will be erected is any
one of the following lots, as shown on the tax map of the Township
of Hopewell:
a.
Any lot on the street upon which the building to be erected on the
premises would front which is the first or the second lot next along
the street in either direction from the premises, without regard to
intervening street lines;
b.
Any lot any part of the street line frontage of which is across the
street from the premises or from a lot referred to in paragraph a
of this subsection;
c.
Any lot any part of the street line frontage of which faces the end
of, and is within the width of the street, if there are less than
two lots between the premises and the end of the street;
d.
Any lot on another street which adjoins the premises on such other
street; or
e.
Any lot any part of the street line frontage of which is across such
other street from the premises or from a lot referred to in paragraph
d of this subsection.
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Notwithstanding any of the foregoing provisions of this section,
no building shall be deemed to be a neighboring building in relation
to the premises if its rear elevation faces the street upon which
the building to be erected on the premises would front.
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[Ord. #7/15/74]
In any case in which the construction official shall deny an application for a building permit solely or partly because of the provisions of subsection 11-3.2, he shall promptly send to the applicant, by certified mail, or by personal delivery, addressed to the address of the applicant set forth in the application, a notice of his action which shall specify the ground or grounds upon which the same is based.
[Ord. #7/15/74]
Any person aggrieved may appeal to the board of adjustment from
the action of the construction official in accordance with the Municipal
Land Use Law.
[Ord. #7/15/74]
In accordance with N.J.S.A. 40:48-2.3, it is hereby found and
declared that there are or may be in the future the existence, occupation
or use of buildings which are so old, dilapidated, dangerous, unsanitary,
a menace to the health, morals, safety and general welfare and have
become so out of repair to such an extent that they are unfit for
human habitation, or occupancy or use, and are inimical to the general
welfare and dangerous and injurious to the health and safety of the
people of the township and that a public necessity exists for the
vacation, removal, repair or demolition of such building or buildings.
[Ord. #7/15/74; Ord. #625-83]
As used in this chapter.
a.
GOVERNING BODY – Shall mean the township committee of the Township
of Hopewell, Mercer County.
b.
Appointment of Public Officers. The township committee shall, by
resolution, appoint seven persons who may be members of the township
boards, committees, or commissions who are designated the public officers
to exercise the powers described herein.
c.
Terms of Public Officers. The terms of public officers shall be for
one year.
[Ord. #7/15/74]
The public officers defined above or any of them, are hereby
designated and appointed to exercise the powers set forth in this
chapter. In the event of inability to act, then the township committee
may by resolution designate and appoint any person to act in its place
and stead.
[Ord. #7/15/74; Ord. #564-80]
Whenever a petition is filed with a public officer, by an officer
in charge of any department of the township relating to health, fire,
building regulations or activities concerning buildings within the
township, or by at least five residents of the township, charging
that any building is unfit for human habitation or occupancy or use
or whenever it appears to the public officer (on his own motion) or
to any of the persons who are or may be designated to exercise the
powers set forth in this chapter that any building is unfit for human
habitation or occupancy or use, the public officer or such designated
person shall, if his preliminary investigation discloses a basis for
such charges, issue and cause to be served upon the owner of and parties
in interest in such building, a complaint stating the charges in that
respect and containing a notice that a hearing will be held before
such public officer, or his designated agent, at a place therein fixed,
not less than seven days nor more than 30 days after the serving of
the complaint; that the owner and parties in interest shall be given
the right to file an answer to the complaint with the township clerk
and to appear in person or otherwise, and give testimony at the time
and place fixed in the complaint. The rules of evidence prevailing
in the courts of law shall not be controlling before such public officer,
or his designated agent.
[Ord. #7/15/74]
After such notice and hearing, if said public officer or his
designated agent determines that the building under consideration
is unfit for human habitation or occupancy or use, he shall state
in writing his findings of fact in support of such determination and
shall issue and cause to be served upon the owner thereof and parties
in interest and order:
a.
Requiring the repair, alteration or improvement of said building
to be made by the owner within a reasonable time, which time shall
be set forth in the order, or at the option of the owner to vacate
and remove or have the said building vacated and closed within the
time set forth in the order; and
b.
If the building is in such condition as to make it dangerous to the
health and safety of persons on or near the premises, and the owner
fails to repair, alter or improve the building within the time specified
in the order, then the owner shall be required to remove or demolish
the building within a reasonable time as specified in the said order
of removal.
c.
If the owner thereof shall fail to comply with the order to repair,
alter or improve or, at the option of the owner to vacate and close
the building the public officer (or his designated agent) may cause
such building to be repaired, altered or improved, or to be vacated
and such building to be repaired, altered or to be vacated and closed;
that the public officer or his designated agent may cause to be posted
on the main entrance and elsewhere on any such building so closed,
a placard with the following words: "THIS BUILDING IS UNFIT FOR HUMAN
HABITATION OR OCCUPANCY OR USE: THE USE OR OCCUPATION OF THIS BUILDING
IS PROHIBITED AND UNLAWFUL."
[Ord. #7/15/74]
If the owner fails to comply with an order to remove or demolish
the building, the public officer, may cause such building to be removed
or demolished, or he may contract for the removal or demolition thereof,
after advertisement for the receipt of bids therefor.
[Ord. #7/15/74]
The amount of the cost of filing of legal papers, expert witness'
fees, search fees and advertising charges in the course of any proceeding
taken under this section determined in favor of the township aforesaid
and such cost of repairs, alterations and improvements, or vacating
and closing, or removal or demolition, if any, or the amount of the
balance from the sale of materials derived from such building or from
any contract for removal or demolition thereof, shall be a municipal
lien against the real property upon which such cost was incurred.
If the building is removed or demolished by the public officer, he
shall sell the materials of such building or structure.
There shall be credited against the cost of the removal or demolition
thereof, the proceeds of any sale of such materials or any sum derived
from any contract for the removal or demolition of the building. If
there are no such credits or if the sum total of such costs exceeds
the total of such credits, a detailed statement of the aforesaid costs
and the amount so due shall be filed with the township tax assessor
or other custodian of the records of tax liens and a copy thereof
shall be forwarded forthwith to the owner by registered mail. The
amount so found to be due shall be collected in the same manner as
other taxes are collected and at the same rate of interest for nonpayment.
If the total of the credits exceed such costs, the balance remaining
shall be deposited in the Superior Court of New Jersey by the public
officer, shall be secured in such manner as may be directed by such
court, and shall be disbursed and paid out according to the order
or judgment of the court to the persons found to be entitled thereto
by final order or judgment of such court; provided, however, that
nothing in this section shall be construed to impair or limit in any
way the power of the township to define and declare nuisances and
to cause their removal or abatement, by summary proceedings or otherwise.
[Ord. #7/15/74; Ord. #564-80]
Any owner or party in interest may within 30 days from the date
of the filing of the lien certificate, proceed in a summary manner
in the Superior Court of New Jersey to contest the reasonableness
of the amount or accuracy of the costs set forth in the municipal
lien certificate.
[Ord. #7/15/74]
A public officer or his designated agent, may determine that
a building is unfit for human habitation or occupancy or use if he
finds that conditions exist in such building which are dangerous or
injurious to the health and safety of the occupants of such building,
the occupants of neighboring buildings or other residents of the township,
such conditions may include the following (without limiting the generality
of the foregoing): defects therein increasing the hazards of fire,
accident or other calamities, lack of adequate ventilation, light
or sanitary facilities, dilapidation, disrepair, structural defects,
uncleanliness and failure to have included in said building running
water.
[Ord. #7/15/74; Ord. #564-80]
Complaints or orders issued by any public officer, or designated
agent pursuant to this section, shall be served upon persons either
personally or by registered or certified mail, but if the whereabouts
of such person is unknown and the same cannot be ascertained by the
public officer or his designated agent in the exercise of reasonable
diligence, and the public officer, or his agent shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once in a newspaper circulating
within the municipality. A copy of such complaint or order shall be
posted in a conspicuous place on the premises affected by the complaint
or order. A copy of such complaint or order shall be duly recorded
or lodged for record with the clerk of the County of Mercer.
[Ord. #7/15/74; Ord. #564-80]
The public officer, or his designated agent, may exercise under
this section such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of the chapter, including
but not limited to the following powers in addition to the others
herein granted:
a.
To investigate the building conditions in the municipality in order
to determine which buildings therein are unfit for human habitation
or occupancy or use;
b.
To administer oaths, affirmations, examine witnesses and receive
evidence;
c.
To enter upon premises for the purpose of making examinations and
inspections; provided that such entries shall be made in such manners
to cause the least possible inconvenience to the persons in possession;
d.
To appoint and fix the duties of such officers, agents and other
employees as may be deemed necessary to carry out the purpose of this
section.
e.
To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
f.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire damaged or other structurally unsafe building,
the public officer may, after taking such measures as may be necessary
to make such building temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
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Nothing in this section shall be construed to impair or limit
in any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor is anything in this act intended to limit the authority
of the enforcing agency or construction official under the "State
Uniform Construction Code Act", P.L. 1976, c.217 (c.52:27D-119 et
seq.) or any rules or regulations adopted thereunder.
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[Ord. #7/15/74; Ord. #564-80]
If any person is aggrieved by an order issued by any of the
foregoing public officers under this section, he may within 30 days
after the posting and service of such order, bring an action for injunctive
relief to restrain and enjoin the public officer from carrying out
the provisions of the order and for any other appropriate relief in
accordance with the provisions of N.J.S.A. 40-48:2.3 et seq.
[Ord. #7/15/74]
The remedy herein provided shall be exclusive and no persons
affected by the order of any of the aforementioned public officials,
or their or his designated representative shall be entitled to recover
any damages for action taken pursuant thereto, or because of noncompliance
by any person with any order of the aforementioned public officers.
[Ord. #7/15/74]
[Ord. #7/15/74]
Any owner or lessee in possession, who fails to comply with
any order or notice to vacate and who fails to repair, alter or improve
said building in accordance with any notice or order as provided in
this section shall be guilty of a violation hereof.
[Ord. #7/15/74]
Building permits shall be valid for a period of one year. Thereafter,
the same may be renewed only in the following manner:
a.
First Renewal. Subject to the prior approval of the township committee, the construction official may renew the permit for a term of one year upon payment of a renewal fee based upon the total estimated cost of completion and in accordance with section 11-2.4 and section 10-3. The estimated cost of completion shall be fixed by the construction official. The township committee may, as a condition of the first renewal, impose such reasonable restrictions upon the permit as will facilitate prompt completion of the structure and reduce the deleterious effect of the uncompleted structure and building activities associated therewith upon neighboring properties.
b.
Second Renewal. Subject to the approval of the township committee
the construction official may renew the permit in the same manner
and upon similar conditions as are set forth in paragraph a including
the payment of a fee based upon the estimated cost of completion.
No second renewal shall issue however except upon the posting of a
performance guarantee, by the permittee, in an amount sufficient to
cover the total estimated cost of completion and fulfillment of such
conditions as may have been imposed by the township committee. The
performance guarantee shall be subject to the approval of the township
attorney.
[Ord. #7/15/74]
In the event the structure is not completed upon expiration
of the period of the second renewal or in the event that the conditions
imposed by the township committee shall not have been followed or
fulfilled, the said bond shall be forfeited forthwith and the construction
official is authorized to receive bids to effect the completion of
the structure for occupancy. Any cost or expense incurred by the township
in connection with the completion of the structure, including costs
to enforce the within chapter shall, if in excess of the amount of
the performance guarantee, be due and owing to the township by the
owner or person to whom the second renewal permit was granted.
[Ord. #7/15/74]
Every officer, board, department or commission of the township
charged with the duty of preparing specifications, or awarding or
entering into contracts for the design or construction of public structures,
including additions to existing structures, shall cause to be incorporated
in such a structure fallout protection for at least its normal anticipated
population sufficient to meet or exceed the minimum space and fallout
protection criteria recommended by the Office of United States Department
of Defense, unless exempted from such shelter requirement.
[Ord. #7/15/74]
The township committee may exempt public structures from this
requirement where it finds that the incorporation of a fallout shelter
will create an additional net cost in the construction of a structure
in excess of 1 1/2% of the estimated cost without a shelter so
incorporated, or that other factors exist which make unnecessary or
impracticable the incorporation of fallout shelter in a structure.
[Ord. #7/15/74]
It shall be the policy of the township that fallout shelters
be incorporated in all public buildings of the township to the fullest
extent practicable, in order to provide protection against radiation
for the greatest number of people in the event of nuclear emergency.
[Ord. #94-991]
a.
Purpose. The purpose of this section shall be to require the clear
display of dwelling and other building numbers from public streets
in order to assist the general public, mail delivery services, and
emergency authorities in identifying any property, in the course of
normal business and in case of emergencies.
b.
System of Numbering Established. There is hereby established a uniform
numbering system for numbering all dwellings and other buildings along
the streets within the township.
c.
Numbers Assigned. The numbering of dwellings and other buildings
on each street shall begin at the intersection of the center lines
of roadways or as directed by the township assessor.
d.
House Numbers for New Buildings. Whenever a house, building or structure
shall be erected or located in the township after the establishment
of the numbering system, it shall be the obligation of the owner to
procure the correct number or numbers as designated by the township
assessor for the property and to immediately post such number or numbers
so assigned to the buildings as provided for in this section. Any
structure erected, repaired, altered or modified after the effective
date of this section, shall have final approval withheld by the construction
official until permanent and proper numbers have been affixed.
e.
Height of Numbers. The numbers shall be a minimum of three inches
in height, clearly visible on the background to which attached and
located in a prominent place on the property to be visible from the
street. Such numbers shall be procured and affixed at the owner's
expense.
f.
Notification of Assigned Number. Upon notification of assigned number,
any person, now the owner of any interest in a building, or who may
hereafter acquire any such interest, shall comply with the provisions
of this section and take all steps necessary to change to the number
so assigned. In the case of conflict as to the proper number to be
assigned to any building, the township assessor shall determine the
number of such building and this decision shall be final. The owner
of any lot upon which a building is located shall display or cause
to be displayed the number assigned thereto in conformity with the
provisions of this section within 30 days of receipt of the newly
assigned number. It shall be unlawful to use, in any manner, any number
inconsistent with this system and the number so assigned, if such
use is continued for a period of 30 days following notification of
a number different than the one so used.
