[HISTORY: Adopted by the Township Committee of the Township
of Middle 6-19-2023 by Ord. No. 1671-23.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 93 but was
renumbered to maintain the organization of the Code.
A.
The purpose of this chapter is to ensure the health and safety and
reasonable enjoyment of one's property for all residents of the
Township of Middle by providing requirements and time limits for temporary
structures erected on commercial or residential property.
As used in this chapter, the following terms shall have the
meanings indicated:
A public or private condition that would constitute a nuisance
according to the laws of the state and/or Town ordinance, and specifically
including, but not limited to, the following:
Any open, unsecured or unsupervised temporary structure found
to be an attraction to trespassers shall be deemed to be an attractive
nuisance.
Any temporary structure that has defective or unsanitary plumbing
facilities or defective electrical equipment.
Any temporary structure considered to be a fire hazard or otherwise
unsafe or unsecured so as to endanger life, limb or property.
Any temporary structure that is in need of repair or is in a
state of dilapidation, decay, faulty construction, vacant or abandoned,
damaged by fire, in danger of collapse or failure, or otherwise dangerous
to anyone on or near the premises.
A structure or architectural projection of rigid construction
over which a covering is attached that provides weather protection,
identity or decoration, and may be structurally independent or supported
by attachment to a building on one end and by not less than one stanchion
on the outer end.
An air-inflated, air-supported, cable or frame-covered structure
not otherwise defined as a tent or canopy.
Structures utilized on a short-term, seasonal or intermittent
basis, such as tents, canopies, membrane structures or similar structures
without a permanent foundation and not classified as a premanufactured
garden-type utility shed in accordance with the New Jersey Uniform
Construction Code. Children's play tents and equipment or other
leisure seasonal canopies not used for storage or habitation are excluded
from the requirements of this chapter.
A structure, enclosure or shelter constructed of fabric or
pliable material supported by any manner except by air or the contents
that it protects, with sidewalls or drops on more than 25% of the
perimeter.
All temporary structures, including but not limited to tents,
canopies, and membrane structures, erected or located in any zone
adjacent to or on any commercial or residential properties shall be
subject to the following requirements:
A.
Setbacks and general requirements.
(1)
No temporary structure shall be erected on any property, in any zone,
where there is not already an existing principal structure for which
a certificate of occupancy has been issued.
(2)
Temporary structure(s) in any zone shall not be permitted within
a front yard and only within a side yard or rear yard that does not
abut a public right-of-way with the exception of an alley.
(3)
Temporary structures in any zone may not be sited within six feet
of any side or rear property line except on waterfront lots where
they may be sited up to the bay front, lagoon front, or ocean scarp
line. All measurements shall be taken from the furthest projection
or overhang.
(4)
Temporary structures in the rear yard which abut an alley and are
used as a garage with its access from the roadway shall be set back
15 feet from the rear or side property line which abuts the roadway.
All measurements shall be taken from the furthest projection or overhang.
B.
Additional structural requirements and dimensions.
(1)
All temporary structures, including but not limited to tents, tension
membrane and formed or rolled extruded aluminum or steel structures,
shall be adequately anchored to the ground in accordance with the
New Jersey Uniform Construction Code where applicable. Temporary structures
shall not exceed 15 feet in height if detached from the main structure.
(2)
Temporary structures, including but not limited to tents, canopies,
and membrane structures, may be erected for use only as a temporary
building. They may not be utilized for habitation.
(3)
All tents, canopies, and temporary structures generally must be constructed
of approved fire-retardant fabric or material and so marked.
(4)
Gasoline, gas, charcoal or other cooking devices or any other unapproved
open flame shall not be permitted inside or located within 20 feet
of any temporary structure.
(5)
Any temporary structure in excess of 900 square feet or with a side
dimension greater than 30 lineal feet shall not be permitted.
(6)
Temporary structures will not be permitted if the structure(s) create
an attractive nuisance or pose any other threat to the health, safety
and/or well-being of the community.
No temporary structure shall remain for longer than seven days
in a 180-day period before being removed. All such temporary structures
shall be removed from the property no later than the expiration of
the seven-day time period.
Violations of this chapter shall be punished by a fine not exceeding
$2,000 or by imprisonment in the county jail not exceeding 90 days
or by 90 days of community service, or any combination thereof. Each
day that any violation shall continue shall constitute a separate
offense. Whenever any such fine shall be imposed upon any corporation,
such fine and costs and charges incident thereto may be collected
by an action of debt or in such other manner as may be provided by
law.
