Borough of Jamesburg, NJ
Middlesex County
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Table of Contents
Table of Contents
[Ord. No. 29-95]
a. 
Jamesburg Borough hereby relinquishes its responsibility and that of the Jamesburg Borough Construction Administration (Department) for administration and enforcement of the State Uniform Construction Code to the New Jersey Department of Community Affairs.
b. 
The functions and duties of the Jamesburg Borough Construction Administration and its officials and staff and the functions and duties of Jamesburg Borough as a State Uniform Construction Code Enforcing Agency are transferred to the New Jersey Department of Community Affairs.
c. 
A certified copy of this section shall be sent to the New Jersey Department of Community Affairs and all records and files, or copies of such records and files, from the Jamesburg Borough Construction Administration shall be turned over to the Department of Community Affairs as required by law.
d. 
Jamesburg Borough and the Jamesburg Borough Construction Administration shall take all other necessary and required steps to effect this transfer of construction code enforcement jurisdiction and duties to the Department of Community Affairs pursuant to the statutes and regulations constituting the Uniform Construction Code.
[1982 Code § 8-2.1]
Pursuant to the provisions of the New Jersey State Housing Code as approved by the Department of Health and Conservation and Economic Development and filed in the Secretary of State's office is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this Borough are safe, sanitary and fit for human habitation and rental. A copy of the code is annexed to this chapter and made a part hereof without the inclusion of the text herein.
[1982 Code § 8-2.2]
Three copies of the "New Jersey State Housing Code" have been placed on file in the office of the Borough Clerk for the use and examination of the public.
[Ord. No. 14-85 § 1]
a. 
Appointment. A Housing Officer shall be appointed by the Mayor, with the advice and consent of the Council, to serve for a term of one year.
b. 
Duties. The Housing Officer shall be responsible for the enforcement of those provisions of the New Jersey State Housing Code as adopted by reference by the Mayor and Council, the Regulations for the Construction and Maintenance of Hotels and Multiple Dwellings, as adopted by reference by the Mayor and Council and the provisions of Section 10-5 of the Revised General Ordinances of the Borough of Jamesburg as the same relate to Certificates of Occupancy of dwellings and buildings located within the Borough of Jamesburg.
c. 
Compensation. The Housing Officer shall receive such compensation as set forth in the Salary Ordinance duly adopted by the Mayor and Council on an annual basis.
[1982 Code § 8-3.1]
a. 
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 Jersey State Housing Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
b. 
No person holding title to, owning, managing or otherwise controlling or subletting or underleasing any house, dwelling, building apartment or other structure which is to be rented, leased or otherwise occupied by any tenant, lesee or sublesee shall permit, allow or cause such property to be occupied or used without first having made application in writing to the Construction Code Official requesting an inspection of such property to determine whether or not it complies with the requirements of the housing code. No occupancy shall be permitted unless the application is approved by the Construction Code official in writing.
[1982 Code § 8-3.2; Ord. No. 7-85; Ord. No. 14-85]
The Housing Officer and Health Officer of the Borough of Jamesburg are hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Borough in order that they may perform their duty of safeguarding the health and safety of the occupants of dwellings and of the general public.
[1982 Code § 8-3.3; Ord. No. 7-85; Ord. No. 14-85]
For the purpose of making such inspections, the Housing Officer and Health Officer shall be authorized to enter, examine and survey, at all reasonable times, all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the Housing Officer or the Health Officer free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such 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.
[Ord. No. 7-86]
No apartment or dwelling unit shall be leased, occupied or sublet unless the owner, occupant, managing agent or agent notifies the Construction Official, no later than five days prior to the expiration of any lease or occupancy of the date that the tenant of the apartment or dwelling unit is to change. Within that five-day period the Housing Officer shall enter upon the apartment or dwelling unit for the purposes of inspecting the same in accordance with this section. The failure of the owner, occupant, managing agent or agent in so apprising the Housing Officer of the anticipated change in the status of the dwelling unit or apartment will result in the Housing Officer's denial of further occupancy of that apartment or dwelling unit.
[1982 Code § 8-3.4; Ord. No. 7-85; Ord. No. 14-85]
If any person shall refuse access to the Housing Officer and/or the Health Officer, as herein set forth, the Housing Officer or Health Officer shall serve on the owner or occupant of the building a demand in writing, setting forth the date the Housing Officer and/or Health Officer will make the inspection. Such demand may be served either personally on the owner or occupant or by certified mail addressed to the owner's or occupant's last known address.
If after such notice, the owner or occupant still refuses to permit access for inspection purposes, the Housing Officer or Health Officer shall make application to the Board of Dwellings Supervisors for an order requiring the owner or occupant to grant the Housing Officer or Health Officer permission to inspect the premises. The application shall be granted if the Board determines that reasonable grounds exist for such issuance. A copy of the Order shall then be served upon the owner or occupant of the premises either personally or by certified mail. Failure to abide by the terms of the Order shall subject the owner or occupant to the penalties provided for violations of this chapter.
[1982 Code § 8-3.5; Ord. No. 7-85; Ord. No. 14-85]
a. 
Whenever the Housing Officer or Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this section or of any rule or regulation adopted pursuant hereto, he shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Notice shall be deemed to be properly served upon the owner or agent or upon the occupant, if a copy thereof is served upon him personally, sent by certified mail to his last known address, is posted in a conspicuous place in or about the dwelling effected by the notice, or served by any other method authorized or required under the laws of this State.
b. 
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, (4) be served upon the owner or his agent or the occupant as the case may require.
The 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.
[1982 Code § 8-3.6]
a. 
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 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.
b. 
Upon receipt of such petition, the Council shall set a time and place for a hearing and shall give the petitioner written notice thereof. At the hearing the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn.
c. 
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 Council may postpone the date of the hearing for a reasonable time beyond such ten-day period, if in its judgment the petitioner has submitted a good and sufficient reason for such postponement.
d. 
After such hearing, the 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 Council sustains or modifies such notice, it shall be deemed to be an order.
e. 
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.
[1982 Code § 8-3.7]
The proceedings at such hearing, including the findings and decision of the 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.
[1982 Code § 8-3.8]
Any person aggrieved by the decision of the Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this State.
[1982 Code § 8-3.9]
Whenever the Council finds that an emergency exists which requires immediate action to protect the public health, or safety, it may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as it 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 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 of the rules and regulations adopted pursuant thereto have been complied with, the Council shall continue such order in effect, or modify it, or revoke it.
[1982 Code § 8-3.11; New]
Any person who shall violate any provision of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 10-02 § 1]
In accordance with N.J.S.A. 40:48-2.3 et seq., it is hereby found and declared that there is, or may be in the future, the existence, occupation or use of a building or buildings, which are unfit for human habitation or occupancy or use, due to dilapidation; defects increasing the hazards of fire, accidents or other calamities; lack of ventilation, light or sanitary facilities; or due to other conditions rendering such building or buildings or part thereof, unsafe, unsanitary, or dangerous or detrimental to the health or safety of, or otherwise inimical to, the welfare of the residents of the Borough of Jamesburg, and that a public necessity exists for the repair, closing, vacation, removal or demolition of such building or buildings, or part thereof.
[Ord. No. 10-02 § 1]
The Zoning Officer, Housing Officer, and Health Officer of the Borough of Jamesburg are hereby authorized and designated as the public officers to exercise the powers set forth in this section. In the event of the inability of the aforesaid public officers to act, the Mayor with the advice and consent of the Council, may designate and appoint any person to act as a public officer hereunder.
[Ord. No. 10-02 § 1]
The public officer, or his designated agent, may exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including, but not limited to, the following powers in addition to the others herein granted.
a. 
To investigate the building conditions in the Borough 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 manner as to cause the least possible inconvenience to the persons in possession.
d. 
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this section.
e. 
To delegate any of his functions and powers under this section to such officers and agents as he may delegate.
f. 
Where 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 judgment in summary proceedings for the demolition thereof.
Nothing in this section shall be construed to impair or limit in any way the power of the Borough to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise, nor is anything in this section intended to limit the authority of the enforcing agency or Construction Official under the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., or any rules or regulations adopted thereunder.
[Ord. No. 10-02 § 1]
Whenever a petition is filed with a public officer by an officer in charge of any department of the Borough relating to health, fire, building regulations, or activities concerning buildings within the Borough, or by at least five residents of the Borough, 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 person who is designated to exercise the powers set forth in this section, 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 and time 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 Borough Clerk and to appear in person or otherwise, and give testimony at the time and place fixed in the complaint; and that the rules of evidence prevailing in the courts of law shall not be controlling in hearings before such public officer, or his designated agent.
[Ord. No. 10-02 § 1]
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 an order:
a. 
Requiring the repair, alteration or improvement of the 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 or have the said building vacated and closed within the time set forth in the order; and
b. 
That, 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 said building within the time specified in the order, then the owner shall be required to remove or demolish the said building within a reasonable time as specified in the said order of removal.
If the owner fails 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 to be posted on the main entrance and elsewhere of 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. No. 10-02 § 1]
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 or safety of the occupants of such building, the occupants of neighboring buildings, or other residents of the Borough. Such conditions shall be deemed to 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 comply with the New Jersey State Housing Code or the certificate of occupancy requirements.
[Ord. No. 10-02 § 1]
Complaints or orders issued by a public officer, or his designated agent, pursuant to this section, shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer 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 of general circulation within the Borough. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and shall be duly recorded or lodged for record with the Clerk of the County of Middlesex.
[Ord. No. 10-02 § 1]
If the owner fails to comply with an order to remove or demolish the unfit 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. No. 10-02 § 1]
The cost of filing legal papers, expert witnesses' fees, search fees, and advertising charges incurred in the course of any proceeding taken under this section determined to be in favor of the Borough, and such costs of repairs, alterations, or improvements, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized 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 costs were incurred. If the building is removed, or demolished by the public officer, he shall sell the materials of such building.
There shall be credited against the cost of the removal or demolition of the building, including the clearance and, if necessary, leveling of the site, 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 Borough 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 a manner as may be directed by such Court, and shall be disbursed according to the order or judgment of the Court to the persons found to be entitled thereto by final order or judgment of the Court.
[Ord. No. 10-02 § 1]
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 the accuracy of the costs set forth in the municipal lien certificate.
[Ord. No. 10-02 § 1]
Any person aggrieved by an order issued by any of the aforementioned public officers under this section may, within 30 days after the posting and service of such order, bring an action for injunctive relief to restrain the public officer from carrying out the provisions of such order and for any other appropriate relief.
[Ord. No. 10-02 § 1]
The remedy herein provided shall be exclusive, and no person affected by an order of the public officer shall be entitled to recover any damages for action taken pursuant thereto, or because of noncompliance by any person with any order of the public officer.
[Ord. No. 10-02 § 1]
It shall be unlawful for any person to remove or cause to be removed a placard posted pursuant to subsection 10-4.5, without the express written consent of any of the aforementioned public officers.
[Ord. No. 10-02 § 1]
Any owner or lessee in possession who fails to comply with any order or notice to vacate, and/or fails to repair, alter or improve the building in accordance with any notice or order pursuant to this section shall be guilty of a violation hereof.
[Ord. No. 4-85 § 1]
The provisions of The Hotel and Multiple Dwelling Law, Regulations for the Construction and Maintenance of Hotels and Multiple Dwellings, as published by the New Jersey Department of Community Affairs, is hereby adopted as the Hotel and Multiple Dwelling Code of the Borough, for the regulation of the construction of hotels and multiple dwellings as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of the regulations for the construction and maintenance of hotels and multiple dwellings as promulgated pursuant to the Laws of New Jersey, as amended, are hereby referred to, adopted and made a part hereof as if fully set forth at length in this section. A copy of the Hotel and Multiple Dwelling Law, Regulations for Maintenance of Hotels and Multiple Dwellings and Related Statutes is annexed to this section and made a part hereof, without the inclusion of the text herein.
[Ord. No. 4-85 § 2]
Three copies of "The Hotel and Multiple Dwelling Law, Regulations for the Construction and Maintenance of Hotels and Multiple Dwellings" have been placed on file in the office of the Borough Clerk for the use and examination of the public.
[Ord. No. 4-85 § 4]
Nothing in this Chapter on the Regulations for the Construction and Maintenance of Hotels and Multiple Dwellings hereby adopted shall be construed to effect any suit or proceedings pending in any Court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under any Act or Ordinances hereby repealed, as cited in Section 3 of this Chapter, nor shall any just or legal right or remedy of any character be lost, impaired or effected by this Chapter.
[1982 Code § 8-4.1]
For the purposes of this section the words and phrases below shall be defined as follows:
PARTLY NATURAL POOLS
Shall mean any pool formed from a natural body of water with such an inadequate flow that the quantity or quality of the water must be maintained by artificial means, which is capable of being filled to a water depth in excess of 18 inches, and is designed and maintained for swimming purposes and used as an accessory to a residence by the persons living therein and their guests.
PRIVATE SWIMMING POOL
Shall mean any pool designed and maintained for swimming purposes and used as an accessory to a residence by the persons living therein, and their guests. Unless otherwise qualified, the term "private swimming pool" shall be construed as including both artificial and partly natural pools capable of being filled to a water depth in excess of 18 inches.
[1982 Code § 8-4.2]
No private swimming pool shall hereafter be constructed, installed or maintained without having first obtained a permit therefor in the manner hereinafter described from the Construction Code Official.
[1982 Code § 8-4.3]
Application for the construction or installation of a private swimming pool shall be made in writing to the Construction Code Official by the owner of the property upon which the pool is to be constructed, installed or maintained or by the contractor who will construct or install the pool. The application shall be accompanied by a duplicate set of plans, specifications and plot plans of the property. Such final plans, specifications and reports shall include:
a. 
Dimensions of the pool.
b. 
Water volume.
c. 
Location of such pool, with particular regard to minimum distances to sidelines of plot and other buildings on the site.
d. 
A description of the method for lighting the pool, if any.
e. 
A description of the fencing of the pool.
f. 
Any other information deemed necessary by the Construction Code Official.
Upon compliance with all provisions of this section and approval of the final plans and specifications, together with the data contained herein and upon payment of the fees as hereinafter specified, a license or permit shall be issued for the location and construction so requested.
[1982 Code § 8-4.4]
A fee as required by the State of New Jersey shall be paid at the time the application for a swimming pool is made.
[1982 Code § 8-4.5]
A private swimming pool is a structure and an accessory building and shall be planned to comply with the provisions of the zoning regulations applicable thereto.
[1982 Code § 8-4.6]
No private swimming pool shall be constructed, or installed nearer than eight feet from any property line. No private swimming pool shall be constructed on any lot or plot unless there is a residence thereon and no property shall be subdivided if such pool will be separated in ownership from the residence property to which it originally attached.
[1982 Code § 8-4.7]
a. 
Every private swimming pool shall be fenced in with a safety fence and be not less than four or more than six feet high. Such gate shall be provided with a lock or latch to securely fasten the gate. No part of the fence shall be closer than five feet from any part of the pool, and the side of the fence facing the residence shall be constructed with a material that does not restrict vision. Any opening in the fence shall be no wider than 1 1/2 inches. The gate leading to any private swimming pool shall be kept secured at any time that the pool is not attended.
b. 
Every private swimming pool having side walls of 40 inches or more above the ground and having a removable ladder shall not require a fence as herein set forth. The ladder shall be removed at all times that the pool is not in use.
c. 
If the pool is required to have a filtration system and pump, the pump shall be located at a maximum distance from all property lines and in no event shall it be nearer than 15 feet from any property line.
d. 
All electrical services for pool operation shall be installed according to the Electrical Code of the National Underwriters Association current at the time of such pool construction and shall be shielded from the direct view of neighboring properties.
[1982 Code § 8-4.8]
The Enforcement Code Official and the members of the Police Department shall have access to and be permitted to inspect the licensed premises for violation of this section at all reasonable hours without interference from anyone.
[1982 Code § 8-4.9]
Any person who shall violate or neglect to comply with any provision of this section or notice issued pursuant thereto, upon conviction, shall be liable to a penalty established in Chapter 1, Section 1-5. Each successive day during which the violation exists shall constitute a separate violation.
[Ord. No. 7-10-84 § 1]
The Mayor and Council hereby create fire limits within the Borough as described as follows:
a. 
The east side of Gatzmer Avenue, extending from Sherman Street to Mott Street.
b. 
The east side of East Railroad Avenue, extending from Hooker Street to Church Street.
c. 
The west side of West Railroad Avenue, extending from Church Street to Forsgate Drive.
d. 
The west side of Buckelew Avenue, extending from Forsgate Drive to Lake Street.
e. 
The south side of Willow Street, extending from West Railroad Avenue to Gatzmer Avenue.
[Ord. No. 7-10-84 § 2]
The construction officials shall prepare and submit to the Mayor and Council biannually a report reevaluating the delineations for the fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official and the Fire Subcode Official, regarding those areas which should be designated as within fire limits with the reasons therefor.
[Ord. No. 7-10-84 § 3]
All restrictions and limitations for construction within those areas delineated within the fire limits shall be restricted in accordance with existing laws or regulations of the State of New Jersey.
[Ord. No. 15-98 § 1]
A certain document, three copies of which are on file in the office of the Municipal Clerk of the Borough of Jamesburg, being marked and designated as "The BOCA National Property Maintenance Code, Fifth Edition, 1996" as published by the Building Officials and Code Administrators International, Inc. is hereby adopted as The Property Maintenance Code of the Borough of Jamesburg in the State of New Jersey; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the BOCA National Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions, and changes, if any, prescribed in subsection 10-9.3 of this chapter.
[Ord. No. 15-98 § 2]
Ordinance Number 15-98 of the Borough of Jamesburg entitled an "Ordinance Establishing the Minimum Regulations Governing the Conditions and Maintenance of all Property, Buildings, and Structures, Providing the Standards for Supplied Utilities and Facilities and Other Physical Things and Conditions Essential to Insure that Structures are Safe, Sanitary, and Fit for Occupation and Use; and the Condemnation of Buildings and Structures Unfit for Human Occupancy and Use and the Demolition of Such Structures; Known as the Property" and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
[Ord. No. 15-98 § 3; Ord. No. 2-99 § 1]
The BOCA National Property Maintenance Code is amended and revised in the following respects:
Section PM-101.1 (Page 1, Second Line). Insert Borough of Jamesburg.
Section PM-106.2 (Page 2, Third Line). Insert $50 and $1,000, respectively.
Section PM-106.2 (Page 2, Fourth Line). Insert 90 days.
Section PM-304.15 (Page 11, First and Second Lines). Insert April 15, and October 15, respectively.
Section PM-602.2.1 (Page 17, Fifth Line). Insert October 15, and April 15, respectively.
Section PM-602.3 (Page 17, Third Line). Insert October 15, and April 15, respectively.
Section PM-111.1 (Page 4, Third Line). Delete "Board of Appeals" and insert "Land Use Board of the Borough of Jamesburg."
Section PM-111.2.1 (Entire Section). Delete.
Section PM-111.2.2 (Entire Section). Delete.
Section PM-111.2.3 (Entire Section). Delete.
Section PM-111.2.4 (Entire Section). Delete.
Section PM-111.2.5 (Entire Section). Delete.
Section PM-111.2.6 (Entire Section). Delete.
Section PM-111.5 (Page 5, First Line). Delete "five" and insert "seven."
Section PM-111.6 (Page 5, Second Line). Delete "three" and insert "five."
Section PM-303.8 (Entire Section and "Exception" Thereunder). Delete and insert "Section PM-303.8 Motor Vehicles: To be Governed by the Zoning Ordinances of the Borough of Jamesburg."
[Ord. No. 21-08]
Pursuant to the provisions of the Third Round Substantive Rules promulgated and adopted by the New Jersey Council on Affordable Housing, N.J.A.C. 5:94 et seq. and N.J.A.C. 5:95 et seq., it is hereby declared that the purpose of this Article is to help the Borough of Jamesburg fulfill its affirmative obligation to facilitate the provision of affordable housing.
[Ord. No. 21-08]
As used in this section, words and phrases shall have the same meanings they have pursuant to N.J.A.C. 5:94-1.4, as said provision may from time to time be amended.
[Ord. No. 21-08]
Within any zoning district permitting residential development or as a result of a use variance permitting residential development of four or more market rate units, developers shall provide a minimum of one affordable housing unit for every four market rate housing units.
[Ord. No. 21-08]
a. 
Construction of Affordable Housing On Site.
1. 
The affordable housing units may be provided within single-family dwellings, duplex buildings, triplex buildings quadriplex buildings, apartment buildings, mixed in with market rate units as well as designed to resemble as nearly as possible the market rate units otherwise being constructed within the development. Such buildings shall be deemed to be permitted uses in the underlying zone when created for the purpose of meeting the growth share obligation.
2. 
All affordable housing units shall comply with subsection 10-10.5 of this section pertaining to the phasing, integration, low/moderate income split, controls on affordability.
3. 
All affordable housing units shall comply with Council on Affordable Housing rules pertaining to bedroom distribution, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4.4 and elsewhere in the Rules.
4. 
All applicable Board of Health and NJDEP regulations for water supply and sewage treatment shall be met.
b. 
Creation of Affordable Housing Units Off Site But Within the Borough.
1. 
Developers electing to create affordable units elsewhere within the Borough of Jamesburg may do so with prior written consent of the Borough Council on vacant or underutilized land or within existing buildings that are reconstructed, in any zone where residential dwellings are permitted, as set forth and regulated herein.
2. 
The minimum square footage of each individual dwelling unit shall be as required by the prevailing zoning or determined by the Combined Land Use Board on a case by case basis.
3. 
All affordable housing units shall comply with subsection 10-10.5 of this section pertaining to the phasing, integration, low/moderate income split, controls on affordability.
4. 
All affordable housing units shall comply with Council on Affordable Housing rules pertaining to bedroom distribution, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4.4 and elsewhere in the Rules.
5. 
All such units shall meet or shall be improved to meet UCC requirements and shall be certified to be in standard condition prior to their conveyance or occupancy.
[Ord. No. 21-08]
a. 
The units, once quantified, are specifically identified in the site plan, along with the support services required to sustain low- and moderate-income residences. It is the intent herein not only to encourage the development of low- and moderate-income housing but also to encourage and sustain a quality of life for the low- and moderate-income residents within the proposed development.
b. 
In preparing plans for low- and moderate-income housing, developers shall follow the following minimum criteria:
1. 
Bedroom distribution of low- and moderate-income units:
(a) 
A minimum of 35% shall be two-bedroom units.
(b) 
A minimum of 15% shall be three-bedroom units.
(c) 
A maximum of 20% may be efficiency units.
2. 
Pricing stratification for purchased housing shall be as follows:
Category
Percentage of Units
Affordability Range (Target Market) in Percentage of Median Income
Low
10
40 to 42.5
30
42.6 to 47.5
60
47.6 to 50
Moderate
10
50.1 to 57.5
10
57.6 to 64.5
10
64.6 to 68.5
10
68.6 to 72.5
20
72.6 to 77.5
40
77.6 to 80
c. 
In pursuing the development of low- and moderate-income housing, the Combined Land Use Board may grant bulk variances and/or design waivers necessary to assist in adjusting the site plan configuration, thereby allowing the placement of disbursed low- and moderate-income housing within the limits of any specific project. This procedure will enable the Borough to work closely with the developer to tailor a specific site plan in the event that traditional zoning controls frustrate good site planning.
d. 
The developer shall deed-restrict all newly constructed low- and moderate-income sales units for a period of not less than 30 years and provide copies of a Council On Affordable Housing adopted restrictive covenant and mortgage lien along with details of the methods of screening applicants to be used as part of the site plan review process.
e. 
Prior to the issuance of the first certificate of occupancy for any development, the developer shall submit to the administrative agent as designated by Borough Council a list of all low- and moderate-income units to be developed. This list shall include:
1. 
The unit number or address.
2. 
The targeted income group.
3. 
The number of bedrooms.
4. 
The affordability range.
f. 
The designated administrative agent shall maintain a comprehensive file on low- and moderate-income housing units. Prior to the issuance of a certificate of occupancy or certificate of continued occupancy, a statement from the screening agent certifying the proposed occupant's eligibility shall be submitted to the designated administrative agent and maintained in the file.
g. 
Affordable housing units to be built in accordance with the following schedule:
Percentage of Market-rate Units Completed
Minimum Percentage of Low-and Moderate-Income Units Completed
25
0
25+1
10
50
50
75
75
90
100
h. 
Affirmative Marketing. At the time of the initial occupancy of low- and moderate-income units the developer must demonstrate that have an outreach and marketing program to encourage participation of local persons to attempt to see that up to 50% of the units be occupied by persons currently living or working in the Borough of Jamesburg.
i. 
Prior to the issuance of a certificate of occupancy, the developer shall pay to the designated administrative agent any management or marketing fees adopted by the agency.
a. 
Developers that have received preliminary subdivision or site plan approval prior to the effective date of this section (adopted December 17, 2008) shall be exempt from providing affordable housing unless the developer seeks a substantial change in the approval.
b. 
Religious organizations that engage in construction activities for religious purposes shall be exempt from providing affordable housing.
c. 
Development by public agencies, public hospitals, non-profit educational or religious institutions, charitable or not-for-profit entities legally established in accordance with the laws of the state of New Jersey shall be exempt from providing affordable housing.
[Ord. No. 12-09 § 1]
The purpose of this section is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm system(s) operated by the Borough of Jamesburg so as to protect the health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 12-09 § 2]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of the section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Jamesburg or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 12-09 § 3]
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
a. 
Already meets the design standard below to control the passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in subsection 10-11.4 below prior to the completion of the project.
[Ord. No. 12-09 § 4]
Storm drain inlets identified in subsection 10-11.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 10-11.4c below:
a. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
1. 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2. 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater the 0.5 inches across the smallest dimension.
Examples of grate subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
b. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
c. 
This standard does not apply:
1. 
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2. 
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(a) 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inches.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars; or
4. 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. No. 12-09 § 5]
This section shall be enforced by the Police Department, Public Works Department or the Zoning Officer of the Borough of Jamesburg.
[Ord. No. 11-09 §§ 1, 2]
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or other discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system operated by the Borough of Jamesburg and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of the section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Jamesburg or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 11-09 § 3]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system operated by the Borough of Jamesburg.
[Ord. No. 11-09 § 4]
a. 
Permitted temporary demolition containers;
b. 
Litter receptacles (other than dumpsters or other bulk containers);
c. 
Individual homeowner trash and recycling containers;
d. 
Refuse containers at facilities authorized to discharge stormwater associated with industrial activity under a valid NJPDES permit;
e. 
Large bulky items (e.g., furniture, bound carpet and padding).
[Ord. No. 11-09 § 5]
This section shall be enforced by the Police Department, Public Works Department or the Zoning Officer of the Borough of Jamesburg.