[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]
All definitions of the BOCA basic building code are hereby incorporated by reference.
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.
- 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).
- 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.
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.
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.
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.
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.
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.
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.
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.
Fences and walls. All fences and walls shall be kept in good repair and in a safe condition.
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.
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.
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.
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]
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:
Motor vehicles. Except as provided for in this section and in other regulations:
No currently unregistered or uninspected motor vehicles shall be parked, kept or stored outdoors on any premises;
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
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.
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.
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.
The storage of firewood is permitted as long as it is cut and neatly stacked.
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.
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.
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.
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.
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]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
- 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.
- 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.
- 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:
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.
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.
Apply fertilizer within the buffer of any water body.
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:
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.
Application of phosphorus fertilizer needed for:
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.
Reestablished or repairing a turf area.
Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soils surface, directly to the feeder roots.
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.