[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]
[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:
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.
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]
[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:
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:
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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:
[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:
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
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.
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.
