Conference/Public Meeting Agendas/Documents — Packet

elsewhere, but shall not include use or rental of living quarters by migrant, temporary or seasonal workers in connection with any work or place where work is being performed. Smoke sensitive alarm device shall mean an instrument approved by an Approved Rating Organization for detection of combustion produced by burning or smoldering materials. b. Smoke-Sensitive Alarm Devices 1. A structure used or intended for use for residential purposes by not more than two households shall have a smoke-sensitive alarm devise on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74-1984 for the installation, maintenance, and use of household fire warning equipment. The installation of battery operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this section. The smoke-sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety. 2. When it is necessary to install the smoke detector on the wall, it shall be installed with the top edge of the detector between four (4) and twelve (12) inches from the ceiling. 3. In buildings of more than two households which are not required to comply with the requirements set forth in 18-3.3(a)(1), Smoke-sensitive alarm devices shall be installed at the highest point in every stairway and a least one (1) on every floor. 4. This section does not amend or alter requirements of the New Jersey Uniform Fire Safety Code and Building Code for installation and maintenance of Smoke-sensitive alarm devices in the common areas of multiple family dwellings. 5. All Smoke-sensitive alarm devices required hereunder shall bear a seal, tested and listed by an Approved Rating Organization and shall comply in design to all applicable State, Federal or industrial requirements. c. Portable Fire Extinguishers Each structure, other than a seasonal rental unit, shall also be equipped with at least one portable fire extinguisher in conformance with rules and regulations promulgated by the Commissioner

uishers Each structure, other than a seasonal rental unit, shall also be equipped with at least one portable fire extinguisher in conformance with rules and regulations promulgated by the Commissioner of Community Affairs pursuant to the “Administrative Procedures Act.” d. Requirement for Installation and Maintenance of Carbon Monoxide Alarms in All Dwelling Units. Carbon monoxide alarms shall be installed in all dwelling units within the Township of West Orange except for those dwelling units that do not contain any fuel-burning appliances and that do not have an attached garage. The carbon monoxide alarms shall be installed and maintained in the immediate vicinity of the sleeping area(s) within the dwelling units. Carbon monoxide alarms may be battery operated, hard-wired or of the plug-in type and shall be listed and labeled in accordance with UL-2034 and shall be installed in accordance with the requirements of N.J.A.C. 5:70-4.19, NFPA-720, and the Uniform Fire Code of New Jersey. e. Enforcement. Enforcement of this section shall be performed by either the Fire Official, the Construction Official or the Zoning Official who shall all qualify as enforcing agencies. f. Audible Signal. Upon activation, all smoke-sensitive alarm devises and carbon monoxide alarms shall provide an audible alarm, which is to be distributed and have such character so that they can be heard in all rooms of the dwelling unit with its doors closed. The audible signals shall be distinctive from other audible signaling devices that may be used for other purposes in a dwelling unit. Smoke-sensitive 186

alarm devises and carbon monoxide alarms shall be designed for and shall be capable of self- restoration or manual restoration to normal conditions for operation. No provisions shall be made for deactivation of the audible alarms other than by reactivation of the system. g. Responsibility of Owner. The owner of any structure shall be responsible for the maintenance and replacement of the smoke-sensitive alarm devise(s) and carbon monoxide alarm(s) required by this section. However, the tenant shall be responsible for the periodic testing of the smoke-sensitive alarm devise(s) and carbon monoxide alarm(s) to insure that they are operational during the term of such tenancy. In the event of any defective smoke-sensitive alarm devise or carbon monoxide alarm, the tenant shall notify the owner within twenty-four (24) hours. Each owner shall thereafter be responsible to repair or replace the defective smoke-sensitive alarm devise or carbon monoxide alarm within five (5) days of being notified that same is defective. Failure to correct the defective smoke-sensitive alarm devise or carbon monoxide alarm within five (5) days after notification shall constitute a violation of this section. 25-40.4 Completion of Existing Buildings. a. This chapter or any amendment thereto shall not affect any building or its designated use under the following series of conditions and circumstances: 1. Complete plans for the building legally filed prior to the adoption of the N.J. Uniform Building Code or any amendment thereto affecting such building or the use thereof. 2. Actual construction begun within ninety (90) days after the building permit was issued. 3. Structural framework completed within six (6) months after the Building Permit was issued. 4. Entire building completed according to the filed plans within two (2) years after the Building Permit was issued. b. If a projected building is situated in a district which is hereafter changed by amendment to the zoning map, the provisions of paragraph a. above shall apply to such building. (Ord. No. 904-88 § 25-7.3) 25-40.5 Enforcement. a. Enforcement Officer. The Construction Official is hereby designated the Enforcement Officer under this section. b. Compliance. The Construction Official shall withhold issuing a

cement. a. Enforcement Officer. The Construction Official is hereby designated the Enforcement Officer under this section. b. Compliance. The Construction Official shall withhold issuing a Certificate of Occupancy for any project which is not in full compliance with this section as approved by the Township Engineer or his/her designated representative. c. Review. A determination to withhold the Certificate of Occupancy, under paragraph b. above shall be made after a review of the plans and specifications on file with the Construction Official and an on-site inspection by the Construction Official or his/her designated representative. d. Within the Division of Inspections in the Department of Planning and Development, there is created the office of Zoning Officer. The Planning Director shall have the ability to appoint and/or designate the party who shall fill the office of Zoning Officer. The person filling the office of Zoning Officer may also perform other duties such as Construction Official within the Division of Inspections. 1. Duties of the Zoning Officer. (a) It shall be the duty of the Zoning Officer to enforce the provisions of this chapter and Chapter XIV, and in no case, except under a written order of the Board of 187

Adjustment or the Township Council, as prescribed by Statute, shall any building permit be issued for the erection or structural alteration of any building or land where the proposed erection, structural alteration of any building or land or use thereof would be in violation of any provision of this chapter. Should the Zoning Officer be in doubt as to the meaning or intent of any provision of this chapter or as to the location of a district boundary line on the zoning map, and so as the propriety to issuing a building permit or Certificate of Occupancy or Use in a particular case, he/she shall appeal the matter to the Zoning Board of Adjustment. (b) It shall be the duty of the Zoning Officer to investigate any violation of this chapter or Chapter XIV. Where any building or structure is erected, constructed or maintained or any building, structure or land is used in violation of any provision of this chapter or Chapter XIV, the Zoning Officer may serve summonses immediately upon the property owner of record, tenant, occupant, management company, partnership, receiver, mortgagee, corporation, individual or persons and/or other person or entity involved in the conduct of the illegal use or activity. (c) It shall be the duty of the Zoning Officer to keep records of all applications for building permits and of all such permits issued with a notation of all special conditions involved. He/she shall file and safely keep copies of all plans and specifications submitted with such application, and the same shall form a part of the records of his/her office and shall be available to the Township Council and all other officials of the Township. e. Inspection of the Premises. The Zoning Officer or a duly authorized agent of the Division of Inspections shall at all reasonable times be permitted access to inspect any buildings, structures, lots or land, whether already erected or put into use or in the course of erection and putting into use for the purpose of determining whether or

ss to inspect any buildings, structures, lots or land, whether already erected or put into use or in the course of erection and putting into use for the purpose of determining whether or not provisions of this chapter are being complied with. f. Violation, Penalties and Injunctions.* 1. Any person, corporation or any owner of lands and structures who shall violate this section or who shall erect, structurally alter, enlarge, rebuild or move any structure or structures or who shall use any lot or land in a manner different than as set forth in any detailed statement submitted and approved under the terms of this section, or who shall refuse reasonable attempts to inspect any premises shall be deemed a disorderly person and shall, upon conviction, be liable to a fine not exceeding one thousand ($1,000.00) dollars or imprisonment for a period not exceeding ninety (90) days, or both, and each day in which such violation continues shall constitute a separate violation or offense. 2. Any architect, builder, contractor, agent or person who is employed in connection with, or assist in, the violation of any part of the selection shall be liable to the same penalties set forth in paragraph 1. 3. In addition to the foregoing remedies, the Township Attorney may maintain an action in court of competent jurisdiction to enjoin, restrain, abate, correct and remove any violation of this section. 4. Notwithstanding anything to the contrary herein, anyone who obtains title or held an ownership interest without first obtaining a Certificate of Continued Occupancy shall be fully responsible and liable under this chapter. 5. To the extent that an owner fails to obtain a Certificate of Continued Occupancy and closes title, the owner shall remain liable for a separate violation on each day until a *Editor's Note: Refer also to the General Penalty for any violation of any provision of the Code. See Chapter I, Section 1-5. 188

Certificate of Continued Occupancy is issued. This continuing violation for each and every day shall be consistent with Section 25-59b. 6. Any person who serves as an agent, employee or representative of the owner, including but not limited to any licensed real estate broker, may be found liable for a violation hereunder and punished to the full extent of the law. (Ord. No. 904-88 § 25-7.4; Ord. No. 1640-99 § II; Ord. No. 1688-00 § 1; Ord. No. 1924-04 § II) 25-40.6 Relation of Zoning Ordinance to Other Provisions of Law. This chapter shall not in any way abrogate or impair any provision of law or ordinance or regulations existing or as may be adopted in the future, except that where this chapter imposes a greater restriction of buildings and structures, or required larger lots or yards, the provisions of this section shall apply to the following ordinances, rules and regulations, among others: Uniform Construction Code; Health Code; Subdivision Regulations of the Planning Board; Tenement House Act of the State of New Jersey; and All other applicable ordinances of the Township. No provisions contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on the Township map, nor as justifying the infringement or setting aside of any regulation adopted by the Planning Board or Board of Adjustment. (Ord. No. 904-88 § 25-7.6) 25-40.7 Public Records. Duly certified copies of this chapter and of the Zoning Map, together with copies of all amendments, shall be filed in the Township Clerk's office and in the Construction Official's office, and shall be open to public inspection. (Ord. No. 904-88 § 25-7.7) 25-40.8 Procedure for Amendment. All amendments to this chapter and to the Zoning Map shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-62 through 68 as most recently amended. (Ord. No. 904-88 § 25-7.8) 25-41 - 25-44 RESERVED. 189

SECTIONS 45-62 Article II Organizational Details, Procedures and Application Requirements 25-45 PURPOSE. The purpose of this chapter shall be to establish a Planning Board and Zoning Board of Adjustment pursuant to the provisions of N.J.S.A. 40:55D-1, et seq. to define the powers and duties of the Boards and to fix the procedures governing applications to and appeals from the Boards. (Ord. No. 904-88 § 25-8.1) 25-46 PLANNING BOARD. 25-46.1 Establishment. Pursuant to the authority granted by N.J.S.A. 40:55D-23, there shall be hereby established a Planning Board comprised of eleven (11) members of the Township, consisting of the following four (4) membership classes: a. Class I. The Mayor. b. Class II. One (1) official of the Township, other than a member of the Township Council, to be appointed by the Mayor. The Environmental Commission member shall be the Class II member only if the Class IV membership includes both a member of the Board of Education and a member of the Zoning Board of Adjustment. c. Class III. A member of the Township Council appointed by it. d. Class IV. Eight (8) other citizens of the Township to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one (1) member may be a member of the Zoning Board of Adjustment and one (1) member may be a member of the Board of Education. A member of the Environmental Commission who shall also be a member of the Planning Board, shall be a Class IV member, unless the Class IV membership includes both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be the Class II Planning Board Member. Of the eight members, two (2) shall be appointed as alternate members. Alternate members shall be designated by the Mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2". In the event that a choice must be made as to which alternate is to vote, Alternate No. 1 shall vote. 25-46.2 Terms. a. The term of the member constituting Class I shall correspond with his or her official tenure. b. The term of the member

e is to vote, Alternate No. 1 shall vote. 25-46.2 Terms. a. The term of the member constituting Class I shall correspond with his or her official tenure. b. The term of the member constituting Class II shall be for one (1) year, or terminate at such time as the member is no longer an official of the Township, whichever occurs first. If the Class II member is also a member of the Environmental Commission, that member's term shall be for three (3) years or shall terminate at such time as the member is no longer a member of the Environmental Commission, whichever occurs first. c. The term of the member constituting Class III shall be for one (1) year or terminate at such time as the member is no longer a member of the Township Council, whichever occurs first. d. The term of a Class IV member who shall also be a member of the Board of Education or the Zoning Board of Adjustment shall terminate whenever that member is no longer a member of 190

such other body or at the completion of his or her Class IV membership as defined in paragraph e. below, whichever occurs first. e. The terms of all Class IV members first appointed pursuant to this chapter shall be so structured that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four (4) years after their appointment as determined by the Mayor at the time such initial appointments are made provided that no term of any member shall exceed four (4) years and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Except as hereinabove provided, all Class IV members, shall be appointed for terms for four (4) years, all such terms running from July 1 of the calendar year in which the appointment is made. f. Following member's absence from four (4) consecutive meetings, that regular member's position on the Planning Board shall be declared vacant following written notice to the Mayor and Township Council provided that the Planning Board may refuse to excuse absences only with respect to those failures to attend and participate which are not due to legitimate illness. Any and all such vacancies shall be filled by appointment as provided for in subsection 25- 46.2 above, for the unexpired term. (Ord. No. 904-88 § 25-8.2B; Ord. No. 2247-09 § II) 25-46.3 Vacancies. If a vacancy shall occur, in any class, other than by expiration of the term to which a member was appointed, such vacancy shall be filled by appointment as provided for in subsection 25-46.2 above, for the unexpired term. (Ord. No. 904-88 § 25-8.2C) 25-46.4 Compensation. All members of the Planning Board shall serve without compensation. (Ord. No. 904-88 § 25-8.2D) 25-46.5 Organization. a. The Planning Board shall elect a Chairperson and Vice-Chairperson from the members of Class IV, each to serve in such capacity for one (1) year dating from July 1 of the calendar year in which elected. Individual Class IV members may not be elected to successive terms as Chairperson and Vice-Chairperson. b. The Planning Board shall select a Secretary, who may be a member of the