Manalapan Township City Zoning Code
§ 95-7.22
Property maintenance. 1
A.
It is the intent of this section to assure that the public health, safety, and welfare is not impaired by the neglected maintenance of the buildings and property. It is further intended to assure that site improvements required by a municipal agency are properly maintained and operable. It shall be the Zoning Officer's responsibility to enforce this section where property conditions pose a hazard to the public or where a property owner fails to maintain a required site improvement.
B.
It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition, all buildings and land in the municipality which they own, use, occupy or have maintenance responsibility for in accordance with the following regulations:
(1)
Maintenance of all land uses within the municipality shall include, but is not limited to, the following:
(a)
Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of 30 days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
(b)
Paint striping, traffic control signs and markings, and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
(c)
Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians.
(d)
Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
(e)
All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping carts or similar items shall either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours.
(f)
All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced (if such plantings are required under this section, they shall be replaced only). All lawn or other nonpaved areas shall be kept trimmed and free from weeds and other noxious growth.
(g)
Building finishes shall be maintained reasonably free of peeling or cracked paint, rust, graffiti, or other unsightly conditions.
(h)
All refuse stored outdoors shall be kept within containers having lids, in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within side or rear yard areas and shall not be located to interfere with vehicular or pedestrian circulation.
(i)
Appropriate areas shall be provided for the storage of recyclable materials. These areas shall be expanded or modified as necessary to meet the requirements of any change in occupancy. Such areas shall be within the structure or in side or rear yards and shall be properly screened. Provisions shall be made to store paper, cardboard and similar items out of the weather. Such areas shall be maintained in a clean, orderly and neat condition.
(j)
All outdoor lighting shall be maintained in a working condition with properly sized replacement bulbs and lenses.
(2)
All land uses for which development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all sight triangles, structures, and improvements, including stormwater collection structures, piping, and stormwater management facilities shown on the approved site plan or subdivision plan in a safe and orderly condition. In addition to the maintenance responsibilities specified above, additional maintenance responsibilities shall include, but are not limited to, the following:
(a)
All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first 30 days of the next planting season.
(b)
Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such areas. Refuse containers located elsewhere on the site shall not be permitted.
(3)
Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall in violation of this chapter subject to the penalties prescribed in this chapter.