§ 348-5.32. Property maintenance.

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 Township of Dover which he owns, uses, occupies or has maintenance responsibility for. In addition to the regulations set forth in Chapter 210, Building Maintenance, and Chapter 399, Property Maintenance, of the Code of the Township of Dover, land uses within the Township of Dover shall also be maintained in accordance with the following regulations:

A. Maintenance of all land uses within the Township shall include but is not limited to the following:

(1) 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.

(2) 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.

(3) Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians or are unsightly.

(4) 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.

(5) 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 be either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours. Shopping carts shall be marked with the name of the establishment, the title and telephone number of the person responsible for maintenance of' the shopping carts and a notice that they are not to be removed from the property on which the business is located. If shopping carts are removed from the property and abandoned, they shall be picked up by the business to which the cart belongs within 24 hours of notice from the Township. Failure to pick up such shopping carts within 24 hours of notice shall be a violation of this chapter, subject to the penalties prescribed herein.

(6) 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 article, they shall be replaced only. All lawn or other nonpaved areas shall be kept trimmed and free from weeds and other noxious growth.

(7) Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.

(8) 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 so located as to interfere with vehicular or pedestrian circulation.

(9) All outdoor lighting shall be maintained in a working condition.

B. All land uses for which future 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 structures and improvements shown on the approved site plan or subdivision in a safe and orderly condition. In addition to the maintenance responsibilities specified in Subsection A above, additional maintenance responsibilities shall include but are not limited to the following:

(I) 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.

(2) Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such area. Refuse containers located elsewhere on the site shall not be permitted.

C. Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall be a violation of this chapter subject to the penalties prescribed in § 348-3.11 of this chapter.

§348-5.33. Shopping cart corrals. [Added 2-9- 1982 by Ord. No. 20688]

Any commercial site utilizing shopping carts shall make provisions to restrict shopping carts from entering parking lot areas.

§348-5.34. Dimensions of residential structures. fit, [Added 6 -11-1985 by Ord. No.2329-85 ; amended 9-25-1991 by Ord. No.2859-91 ; 9-24-1996 by Ord. No.3196-96 ; 10-26-2004 by Ord. No.3912-04]

No principal structure to be located, placed or erected on any residential parcel shall have a width or depth less than 22 feet, except that in the 12-40A and R-40B Zoning Districts, there shall be no minimum width or depth requirements for a principal structure.

§348-5.35. Appearance of residential structures. [Added 6-11 -1985 by Ord. No.2329-85]

No residential structure, be it manufactured or otherwise, shall be located, placed or erected unless such structure shall have a finished elevation which gives the same appearance as a residence that has been constructed on a foundation.

§348-5.36. Child-care centers. [Added 8-14 -1991 by Ord. No.2848-91 ; amended 12-9-2003 by Ord. No.3843-03]

A.building or portion of a building utilized as a child-care center, licensed by the State of New Jersey and located in any nonresidential zone shall be permitted and is exempt from § 348-8.20, entitled "Off-street parking," and/or any maximum lot coverage by buildings calculation for the building or portion thereof utilized as a licensed child-care center.

§348-5.37. Automotive facilities. [Added 8-14-1991 by Ord. No.2848-91 ; amended 9-25-1991 by Ord. No.2859-91 ; 5-13-1992 by Ord. No.2911-92]

Any facility engaged in the rental/lease, sale, repair or service of motor vehicles/automobiles, including but not limited to motor vehicle service stations, repair garages, used or new car lots or retail uses such as windshield repair shops, muffler shops and lubrication shops, shall comply with the following:

A. "'Display or storage of vehicles [Amended 12-9-2003 by Ord. No. 3843-03]

(1) Front setback: 35 feet, except 50 feet along Route 9.

(2) Rear yard setback and side yard setback: 25 feet.



B. "'No storage of vehicles awaiting service or repair shall be permitted within any yard area and any overnight storage area shall be enclosed with suitable fencing and shall be screened from public view fit

C. "'Fuel pump setbacks:

(1) Front setback: 35 feet, except 50 feet in the Rural Highway Business Zone and 65 feet along Route 9.

(2) Side yard and rear yard setbacks: 35 feet.

D. "'Canopies shall be permitted to be constructed not closer than the required parking setback or 25 feet, whichever is greater, and not closer to any side or rear property line than the minimum principal building setback. Any such canopy shall either be attached to or separated by not less than five feet in a horizontal direction from any other building on the site except any building which is entirely under said canopy. All canopies shall be included in any maximum lot coverage by buildings calculation .64 [Amended 12-9-2003 by Ord. No. 3843-031

E. All fuel tanks shall be installed underground.

F. No outdoor oil drainage pits or hydraulic lifts shall be permitted.

G. Any repair or service of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicles may be stored out of doors.

H. No motor vehicle repair garage or service station shall be located within 500 feet of any public entrance to a school, library, hospital or fire station. The distance shall be measured in a straight line along the center line of the streets forming the shortest route from the point opposite the nearest boundary from said public entrance to a point opposite the nearest boundary of the property in question

I. Any outdoor display of goods shall be in accordance with the applicable provisions of 348-5.20 or those requirements noted above.

J. Facilities established for the purpose of storing vehicles shall comply with § 348-8.6, Bulk storage. [Added 12-9-2003 by Ord. No. 3843-03]

K. For the purposes of this chapter, automobile facilities shall include those uses engaged in the rental/lease/sale, repair, service or storage of vehicles, including but not limited to trailers, trucks, autos, boats, equipment, water craft, etc. [Added 12-9-2003 by Ord. No. 3843-03]

§348-5.38. Hotels and motels. [Added 8-14- 1991 by Ord. No.2848-91]

Hotels and motels may be permitted in those zones specified and shall comply with the following:

A. Minimum lot area per unit: 1,500 square feet. [Amended 9-25-1991 by Ord. No. 2859-91]

B. Efficiency apartments may be permitted by the Planning Board, provided that the applicant satisfactorily demonstrates that they will be used primarily for transients.

C. Minimum number of units: 20.67 [Amended 9-25-1991 by Ord. No. 2859-91]

D. No additional parking shall be required for swimming pools, provided that the pools are not open for use by the general public but are primarily for the use of the guests at the hotel or motel. Swimming pools shall otherwise be subject to the provisions of § 348-8.8 of this chapter.

§348-5.39. Quasi-public, private club and commercial recreation areas. [Added 8-14-1991 by Ord. No.2848-91]

Quasi-public, private club and commercial recreation areas, including but not limited to clubhouses, playgrounds, golf courses, tennis courts, theaters, bowling alleys, arcades and commercial swimming pools shall adhere to the following:

A. Swimming pools shall be subject to § 348-8.8 of this chapter.

B. Any quasi-public or private organization which operates the above and restricts the use of the facilities provided shall furnish the Planning Board with the number of members of the organization, and the maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate with the amount of land to be used and the facilities provided. No further expansion of said membership shall be made unless supplemental application is made to the Planning Board.

C. Off-street parking requirements shall be determined by the Planning Board based upon a Traffic Engineer's report submitted by the applicant, but if a swimming pool is provided, the parking requirements shall not be less than that required pursuant to § 348-8.8C, plus such additional parking as may be deemed necessary by the Planning Board.

§348-5.40. Groundwater remedial action activities. [Added 9-24 -1996 by Ord. No.3196-96]

A. Groundwater remedial action activities shall, in accordance with N.J.S.A. 40:55D-66.8, be deemed a permitted accessory use in all zones in the Township, and any structures installed to further said activities shall be deemed accessory structures. Said structures shall comply with the setbacks for accessory buildings in the particular zone such use is located, except when greater setbacks for accessory structures are required due to applicable conditional use requirements and shall not exceed a height of 16 feet.

B. Proof of issuance of a discharge permit shall be submitted.

§348-5.41. Residential construction near power lines. [Added 9- 12-2000 by Ord. No.3551-00]

Residential structures, both principal and accessory, are prohibited within 200 feet of any high-voltage power transmission line.

§348-5.42. Residential development connecting links. [Added 9-12 -2000 by Ord. No.3551-00]

The Planning Board shall require, insofar as is practical, that builders of new residential major subdivisions construct connecting links between the subdivision and adjacent properties, including bicycle and walking paths as designated by the Planning Board.

§348-5.43. Development roadways, driveways and other forms of ingress and egress. [Added 9-12-2000 by Ord. No.3551-00]

It is hereby prohibited for a developer to connect any roadways, driveways and other forms of ingress and egress from a development onto any jughandle or exit ramp.

§348-5.44. Ingress/egress from multifamily housing projects. [Added 9-12-2000 by Ord. No.3551-00]

The Planning Board shall require at least two separate means of ingress/egress from all multifamily housing projects.