[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Boonton as indicated in article histories.
Amendments noted where applicable.]
[Adopted by Ord. No. 36-92; amended in its entirety 10-5-2015 by Ord. No. 23-2015]
A.
All definitions of the BOCA basic building code are hereby incorporated
by reference.
B.
As used in this article, the following terms shall have the meanings
indicated:
- EXPOSED TO PUBLIC VIEW
- Visible from any street or neighboring property.
- JUNK VEHICLE
- Any vehicle which is unregistered or is in either a wrecked, dismantled, inoperative or abandoned condition as to render such vehicle inoperative.
- LOT
- A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit (regardless of the number of Tax Map lots contained therein).
- PROPERTY
- Every property and every use, including vacant buildings and vacant lots and other undeveloped land in the Town.
Every property in the Town shall comply with the provisions
of this article.
A.
Landscaping. Where exposed to public view, the landscaping of premises
shall be maintained in an orderly state with lawns adequately trimmed
(no longer than six inches in height), bushes trimmed and free from
becoming overgrown, littered and unsightly where such would constitute
a blighting effect, depreciating adjoining and nearby property. Open
areas shall be graded evenly to eliminate holes, depressions, gullies,
mounds, accumulations of debris or other unsightly or unsafe conditions.
B.
Natural growth. Dead or dying trees and other natural growth which,
by reason of rotting or deteriorating conditions or storm damage,
are or may be dangerous to persons in the vicinity thereof and shall
be removed.
A.
Any building or structure which is dangerous to life or health or which presents a fire hazard shall be considered a nuisance and shall be subject to the provisions of Chapter 90 of the Town Code.
B.
General. The exterior of the premises shall be maintained so that
the appearance thereof shall reflect a level of maintenance in keeping
with the standards of the neighborhood or such higher standards as
may be adopted by the Town of Boonton and such that the appearance
thereof shall not constitute a blighting effect upon neighboring properties.
C.
The exterior of every structure shall be maintained in good repair.
The exterior of all buildings shall be kept free of broken glass or
windows, peeling paint, rotten, missing or substantially destroyed
window frames and sashes, doors and door frames and other exterior
building components, including porches and decks.
D.
Display windows of all nonresidential uses shall be maintained in
a neat and orderly condition and shall comply with all requirements
of the site plan approval for the site. Such windows shall not be
blocked off by plywood, shakes, panels or other materials without
Planning Board approval.
E.
Sidewalks, curbs and driveways. All sidewalks, curbs, monolithic
curbs/gutters, stairways, driveways, parking spaces and similar areas
shall be kept in a proper state of repair, and maintained free from
hazardous conditions in accordance with the ordinances of the Town
of Boonton.
F.
Fences and walls. All fences and walls shall be kept in good repair
and in a safe condition.
A.
No trash containers or garbage cans shall be stored in any front
yard unless so authorized by the Planning Board as part of its site
plan approval.
B.
Dumpsters shall not be located in any front yard unless so authorized
by the Planning Board or as part of an ongoing construction or renovation
project.
A.
Except as permitted by Subsection B below, all lots shall be kept free of accumulations of trash, garbage, waste, rubbish, refuse, junk or noxious or offensive materials or substances.
B.
Construction debris shall be removed within 30 days of the completion
of a construction project. For long-term construction projects, trash
and debris shall be removed on a monthly interval during the course
of the project. All debris, trash, garbage, waste, rubbish, refuse
and junk must be stored in a refuse container on site.
[Amended 12-7-2015 by Ord. No. 30-2015]
C.
The outdoor storage of goods, merchandise, usable lumber, usable
building materials and other similar materials (excluding trash, garbage,
waste, rubbish, refuse and junk) shall be permitted in all zones subject
to the following restrictions:
D.
Motor vehicles. Except as provided for in this section and in other
regulations:
(1)
No currently unregistered or uninspected motor vehicles shall be
parked, kept or stored outdoors on any premises;
(2)
No vehicle shall at any time be in a state of major disassembly,
disrepair or in the process of being stripped or dismantled; provided,
however, that a major overhaul, including body work, of a single vehicle
of any type is permitted to be performed inside a structure or in
a similarly enclosed area designed and approved for such purpose;
and
(3)
No vehicle of any type shall be permitted to be parked or stored
on the front, side and rear yard of any premises or in any other manner
on such premises, except in a stone or paved parking area lawfully
created for that purpose.
E.
Junk vehicles. Junk vehicles shall be subject to the following provisions:
no junk vehicles shall be allowed in any zones in the Town of Boonton
with the following exceptions: if said vehicle or vehicles are located
inside a garage or similarly enclosed structure; if said vehicle or
vehicles are involved in litigation or are awaiting disposition by
an insurance company, provided said vehicle is garaged or covered
by a tarp; and automobile dealerships.
F.
The outdoor storage of one recreational vehicle not exceeding 35
feet in length and one boat not exceeding 35 feet in length shall
be permitted on a lot in any zone district. The outdoor storage of
more than one boat or more than one recreational vehicle or any boat
in excess of 35 feet or any recreational vehicle in excess of 35 feet
is prohibited in all zone districts.
G.
The storage of firewood is permitted as long as it is cut and neatly
stacked.
A.
This article shall be enforced by the Town Code Enforcement Officer
or any designated Town official. Each day a violation of this article
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.
(1)
A fine of not less than $100 nor more than $2,000 shall be imposed
for a first-offense violation of this article. In addition, a period
of community service not exceeding 90 days or imprisonment in the
county jail or in any place provided by the Town for the detention
of prisoners for a term not exceeding 90 days may be imposed in the
discretion of the Municipal Court Judge.
(2)
A fine of not less than $200 nor more than $4,000 shall be imposed
for a second-offense violation of this article. In addition, a period
of community service not exceeding 120 days or imprisonment in the
county jail or in any place provided by the Town for the detention
of prisoners for a term not exceeding 120 days may be imposed in the
discretion of the Municipal Court Judge.
(3)
A fine of not less than $500 nor more than $10,000 shall be imposed
for every third-offense and successive violation of this article.
In addition, a period of community service not exceeding 180 days
or imprisonment in the county jail or in any place provided by the
Town for the detention of prisoners for a term not exceeding 180 days
may be imposed in the discretion of the Municipal Court Judge.
B.
Pursuant to N.J.S.A. 40:48-2.125, this subsection applies to the
care, maintenance, security and upkeep of the exterior of vacant and
abandoned residential properties on which a summons and complaint
in an action to foreclose has been filed.
[Added 5-2-2016 by Ord.
No. 4-2016]
(1)
Any creditor filing a summons and complaint in an action to foreclose
shall be responsible for the care, maintenance, security and upkeep
of the exterior of the vacant and abandoned residential property.
(a)
If said creditor is located out-of-state, same shall be responsible
for appointing an in-state representative or agent to act for the
foreclosing creditor.
(2)
The Town Code Enforcement Officer, or any designated Town official,
is authorized to issue a notice to the creditor filing a summons and
complaint in an action to foreclose if the Town Code Enforcement Officer,
or any designated Town official, determines that the creditor has
violated the requirements of this article by failing to provide for
the care, maintenance, security and upkeep of the exterior of the
property.
(a)
Such notice shall require the person or entity to correct the
violation within 30 days of receipt of the notice, or within 10 days
of receipt of the notice if the violation presents an imminent threat
to public health and safety.
(b)
The issuance of a notice pursuant to this subsection shall constitute
proof that a property is vacant and abandoned for the purposes of
N.J.S.A. 2A:50-73.
(3)
An out-of-state creditor subject to this article shall include the
full name and contact information of the in-state representative or
agent in the notice required to be provided pursuant to N.J.S.A. 46:10B-51.
(4)
An out-of-state creditor subject to the requirements of this article
who is found by the Town of Boonton Municipal Court, or by any other
court of competent jurisdiction, to be in violation of the requirement
to appoint an in-state representative or agent pursuant to this article
shall be subject to a fine of $2,500 for each day of the violation.
(a)
Any fines imposed on a creditor for the failure to appoint an
in-state representative or agent shall commence on the day after the
ten-day period set forth in N.J.S.A. 46:10B-51(a)(1) for providing
notice to the Municipal Clerk that a summons and complaint in an action
to foreclose on a mortgage has been served.
(5)
A creditor subject to the requirements of this article who is found
by the Town of Boonton Municipal Court, or by any other court of competent
jurisdiction, to be in violation of the requirement to correct a care,
maintenance, security, or upkeep violation cited in the notice issued
pursuant to this article shall be subject to a fine of $1,500 for
each day of the violation.
(a)
All fines imposed pursuant to this subsection shall commence
31 days following receipt of this notice, except if the violation
presents an imminent risk to public health and safety, in which case
any fines shall commence 11 days following receipt of the notice.
(6)
No less than 20% of any money collected pursuant to this section
shall be utilized by the Town for Municipal Code enforcement purposes.
[Adopted 9-8-2009 by Ord. No. 23-2009]
An ordinance to regulate the outdoor application of fertilizer
so as to reduce the overall amount of excess nutrients entering waterways,
thereby helping to protect and improve surface water quality. This
article does not apply to fertilizer application on commercial farms.
A.
Elevated levels of nutrients, particularly phosphorus, in surface
water bodies can result in excessive and accelerated growth of algae
and aquatic plants (eutrophication). Excessive plant growth can result
in diurnal variations and extremes in dissolved oxygen and pH, which,
in turn, can be detrimental to aquatic life. As algae and plant materials
die off, the decay process creates a further demand on dissolved oxygen
levels. The presence of excessive plant matter can also restrict use
of the affected water for recreation and water supply.
B.
While healthy vegetated areas are protective of water quality by
stabilizing soil and filtering precipitation, when fertilizers are
applied to the land surface improperly or in excess of the needs of
target vegetation, nutrients can be transported by means of stormwater
to nearby waterways, contributing to the problematic growth of excessive
aquatic vegetation. Most soils in New Jersey contain sufficient amounts
of phosphorus to support adequate root growth for established turf.
Over time, it is necessary to replenish available phosphorus, but
generally not at the levels commonly applied. Other target vegetation,
such as vegetable gardens and agricultural/horticultural plants, will
have a greater need for phosphorus application, as will the repair
or establishment of new lawns or cover vegetation. A soils test and
fertilizer application recommendation geared to the soil and planting
type is the best means to determine the amount of nutrients to apply.
Timing and placement of fertilizer application is also critical to
avoid transport of nutrients to waterways through stormwater runoff.
Fertilizer applied immediately prior to a run-off-producing rainfall,
outside the growing season or to impervious surfaces is most likely
to be carried away by means of runoff without accomplishing the desired
objective or supporting target vegetation growth. Therefore, the management
of the type, amount and techniques for fertilizer application is necessary
as one tool to protect water resources.
C.
This article does not apply to application of fertilizer on commercial
farms, but improper application of fertilizer on farms would be problematic
as well. Stewardship on the part of commercial farmers is needed to
address this potential source of excess nutrient load to water bodies.
Commercial farmers are expected to implement best management practices
in accordance with conservation management plans or resource conservation
plans developed for the farm by the Natural Resources Conservation
Service and approved by the Soil Conservation District Board.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article 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.
- BUFFER
- The land area, 25 feet in width, adjacent to any water body, except where lot size and configuration make this buffer distance impractical. Where the Town of Boonton agrees with an owner's concern in this area, the distance may be reduced to 10 feet if and only if a drop spreader (vs. rotary type) is used.
- COMMERCIAL FARM
- A farm management unit producing agricultural or horticultural products worth $2,500 or more annually.
- FERTILIZER
- A fertilizer material, mixed fertilizer or any other substance containing one or more recognized plant nutrients, which is used for its plant nutrient content, which is designed for use or claimed to have value in promoting plant growth, and which is sold, offered for sale, or intended for sale.
- IMPERVIOUS SURFACE
- A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. This term shall be used to include any highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil.
- PERSON
- Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- PHOSPHORUS FERTILIZER
- Any fertilizer that contains phosphorus, expressed as P2O5, with a guaranteed analysis of greater than zero, except that it shall not be considered to include animal (including human) or vegetable manures, agricultural liming materials, or wood ashes that have not been amended to increase their nutrient contact.
- SOILS TEST
- A technical analysis of soil conducted by an accredited soil-testing laboratory following the protocol for such a test established by Rutgers Cooperative Research and Extension.
- WATER BODY
- A surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.
No person may do any of the following:
A.
Apply fertilizer when runoff-producing rainfall is occurring or predicted
and/or when soils are saturated and a potential for fertilizer movement
off-site exists.
B.
Apply fertilizer to an impervious surface. Fertilizer inadvertently
applied to an impervious surface must be swept or blown back into
the target surface or returned to either its original or another appropriate
container for reuse.
C.
Apply fertilizer within the buffer of any water body.
D.
Apply fertilizer more than 15 days prior to the start of or at any
time after the end of the regionally recognized growing season. The
Town of Boonton is located in USDA Plant Hardiness Zone 6A, where
the growing season starts March 15 and ends October 31.
No person may do the following:
A.
Apply phosphorus fertilizer in outdoor areas except as demonstrated
to be needed for the specific soils and target vegetation in accordance
with a soils test and the associated annual fertilizer recommendation
issued by Rutgers Cooperative Research and Extension.
B.
Exceptions.
(1)
Application of phosphorus fertilizer needed for:
(a)
Establishing vegetation for the first time, such as after land
disturbance, provided that the application is in accordance with the
requirements established under the Soil Erosion and Sediment Control
Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
(b)
Reestablished or repairing a turf area.
(2)
Application of phosphorus fertilizer that delivers liquid or granular
fertilizer under the soils surface, directly to the feeder roots.
(3)
Application of phosphorus fertilizer to residential container plantings,
flowerbeds, or vegetable gardens.
This article shall be enforced by the Police Department and/or
the Code Enforcement Officer(s) of the Town of Boonton.
