Borough of Swedesboro, NJ
Thursday, July 25, 2013

PART I: ADMINISTRATIVE LEGISLATION

Chapter 1. GENERAL PROVISIONS

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro as indicated in article histories. Amendments noted where applicable.]

Article I. Adoption of Code

[Adopted 2-6-2012 by Ord. No. 1-2012]

§ 1-1. Adoption of Code.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Swedesboro of a general and permanent nature adopted by the Mayor and Council of the Borough of Swedesboro, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 370, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Swedesboro," hereinafter known and referred to as the "Code."

§ 1-2. Code supersedes prior ordinances.

This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.

§ 1-3. When effective.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4. Copy of Code on file.

A copy of the Code in loose-leaf form has been filed in the office of the Borough Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Borough of Swedesboro by impressing thereon the Seal of the Borough, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Borough, to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-5. Amendments to Code.

Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Borough of Swedesboro" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.

§ 1-6. Publication; filing.

The Clerk of the Borough of Swedesboro, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, in a newspaper of general circulation in the Borough. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this Adopting Ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-7. Code book to be kept up-to-date.

It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-8. Sale of Code book.

Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee authorized by the Borough. The Clerk shall also arrange for procedures for the periodic supplementation of the Code.

§ 1-9. Altering or tampering with Code; penalties for violation.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Borough of Swedesboro to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to one or more of the following: a fine of not more than $1,250, imprisonment for not more than 90 days or a period of community service not exceeding 90 days, in the discretion of the Judge imposing the same.

§ 1-10. Severability of Code provisions.

Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-11. Severability of ordinance provisions.

Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-12. Repealer.

All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adopting Ordinance, except as hereinafter provided.

§ 1-13. Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any ordinance adopted subsequent to 11-22-2011.
B. Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
C. Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
D. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered, prior to the effective date of this ordinance, brought pursuant to any legislative provision.
E. Any franchise, license, right, easement or privilege heretofore granted or conferred.
F. Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
G. Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the Borough's indebtedness.
H. Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
I. The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
J. The dedication of property or approval of preliminary or final subdivision plats.
K. All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
L. Any ordinance adopting or amending the Zoning Map.
M. Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

§ 1-14. Changes in previously adopted ordinances.

A. In compiling and preparing the ordinances for adoption and revision as part of the Code pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Mayor and Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.
B. In addition, the changes, amendments or revisions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.) Editor's Note: In accordance with § 1-14B, the chapters, parts and sections that were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: [Amended (added, deleted) 2-6-2012 by Ord. No. 1-2012]. Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
C. Nomenclature.
(1) Throughout the Code, references to the following are updated as indicated:
(a) "Magistrate" to "Judge."
(b) "Court Clerk" to "Court Administrator."
(c) "State Department of Health" to "State Department of Health and Senior Services."
(d) "Swedesboro Police" to "Police Department."
(e) "Swedesboro Court" to "Municipal Court."
(f) "Swedesboro Fire Official" to "County Fire Marshal."
(g) "Construction Official" to "Construction Code Official."
(h) "Swedesboro Assessor" to "County Assessor."
(i) "Dog Warden" to "Animal Control Officer."
(2) In Chapter 183 references to "Zoning Board of Adjustment" are updated to "Joint Land Use Board."
(3) In Chapter 290 all references to the "Board of Adjustment" are deleted.

§ 1-15. General penalty.

Whenever no specific penalty is provided in the Code of the Borough of Swedesboro or in any other ordinance of the Borough for the violation of any provision thereof, the violation of any such provision shall be punished by one or more of the following: a fine not exceeding $2,000, or imprisonment for a term not exceeding 90 days, or a period of community service not exceeding 90 days.

Chapter 7. BOARDS, COMMITTEES AND COMMISSIONS

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Defense and indemnification — See Ch. 20.
Officers and employees — See Ch. 35.
Personnel policies — See Ch. 40.

Article I. Board of Health

[Adopted 6-4-1902 (Ch. 16 of the 1982 Code)]

§ 7-1. Establishment.

[Amended 2-6-2012 by Ord. No. 1-2012]
There shall be in and for the Borough of Swedesboro a Board of Health in accordance with the provisions of the Act of the Legislature of the State of New Jersey entitled "An act to establish in this state a Board of Health and a bureau of vital statistics and to define their respective powers and duties," N.J.S.A. 26:3-1 et seq.

§ 7-2. Composition and terms of office.

[Amended 4-3-1978; 2-15-1982; 2-20-2007 by Ord. No. 7-2007]
The Board of Health shall consist of seven regular members, and two alternate members, who shall be appointed by the Mayor with the advice and consent of the Borough Council. The terms of office of the members of the Board of Health shall be three years, except in the case of vacancies, which shall be filled for the unexpired term only.

§ 7-3. Rules and regulations; election of President.

The Board of Health shall adopt rules and regulations for its own government and shall elect a President from among its own members.

§ 7-4. Appointment of officers and assistants; police officers to act as special sanitary inspectors.

[Amended 2-15-1982]
The Board of Health may appoint a Registrar of Vital Statistics, Clerk and Sanitary Inspector and may also appoint such officer or assistant as said Board of Health may deem necessary. All appointees of said Board may be removed for cause by said Board. The police officers of said Borough, when on police duty, shall be special sanitary inspectors, and they shall promptly report to the Board of Health every violation of the health ordinances of the Borough which may come within their observation or knowledge.

§ 7-5. Debts not to exceed appropriation.

The Board of Health shall not contract any debt or debts of any kind beyond the amount of the appropriation first made for its use by the Borough Council.

Article II. Board of Parks and Recreation Commissioners

[Adopted 2-22-1944; amended 2-15-1982 (Ch. 29 of the 1982 Code)]

§ 7-6. Establishment of Board.

A municipal department, which shall be designated as the "Board of Parks and Recreation Commissioners of the Borough of Swedesboro," be and the same is hereby established in and for said Borough.

§ 7-7. Responsibilities of Commissioners as to parks and open places.

[Amended 2-6-2012 by Ord. No. 1-2012]
The Board of Parks and Recreation Commissioners shall have charge of all parks and open places for public recreation which shall be located within the Borough and to which the Borough has acquired or may hereafter acquire title and shall lay out, embellish and maintain the same in the manner which shall seem best to the Board under such rules and regulations as the Board may hereafter adopt. Said Board shall comprise the administrative and supervisory activities of said Borough in connection with the development, improvement and maintenance of all park facilities now or hereafter established and located within the boundaries of said Borough.

§ 7-8. Composition; appointments.

[Amended 1-20-1986; 6-17-1996; 1-6-1997]
The composition shall include a total of nine persons. Five persons shall be from the Borough of Swedesboro and two persons shall be from the Township of Woolrich. The remaining two persons may be appointed from either the Borough of Swedesboro or the Township of Woolwich. Said members of said Board shall be appointed by the Mayor with the consent of the office for the term of five years. Vacancies on said Board shall be filled for the unexpired term only. In making the appointments of the members of said Board, the Mayor and Council shall apportion the representation by area as nearly as it may be possible so to do.

§ 7-9. Compensation; officers.

The members of the Board shall serve without compensation, and they shall, annually, from their own number elect a President, Vice President and a Secretary.

§ 7-10. Meetings; rules and regulations.

The Board shall meet regularly at least once each month in connection with the performance of their duties and for the consideration of the matters affecting public parks in the Borough of Swedesboro. They shall adopt rules and regulations for the purpose of facilitating the work of their department and for the purpose of regulating the conduct of the meetings of said Board.

§ 7-11. Duties; recommendations to Borough Council.

The Board of Parks and Recreation Commissioners shall, from time to time, formulate plans for the development and improvement of the public park lands now or hereafter owned by said Borough, shall propose methods or arrangements for the proper maintenance and care of such lands and the improvements thereon, shall formulate rules and regulations for the public use of such park lands and improvements and shall determine, annually, what sums may be necessary for the improvement, care and maintenance of the public park lands and recommend to the Mayor and Council, in writing, the amounts necessary to be raised for such purpose, and the Council shall not raise any money for park purposes either by the issuance of bonds or by taxation except upon and after recommendation by said Board of Parks and Recreation Commissioners. All recommendations of said Board involving the expenditure of moneys shall be submitted to the Council prior to the introduction and formal consideration of the annual budget. The sum actually raised by the Borough Council in any year shall not in any case exceed the sum recommended by the Board, but the Council may raise any lesser amount.

§ 7-12. Expenditures for park purposes.

The Board shall have the full and complete authority and power, exclusive of the Council, to expend the moneys raised for park purposes, other than for the acquisition of land, and all money so raised for such purposes shall be paid out by the Borough Treasurer upon the warrant of said Board of Parks and Recreation Commissioners, signed by its President and attested by its Secretary, and not otherwise; provided, however, that said Board shall not have the power or authority to incur any obligations in the name of or for the account of said Borough, except as authorized from time to time by the Borough Council and the provisions of this article.

Article III. Joint Environmental Commission

[Adopted 5-6-2013 by Ord. No. 4-2013 Editor's Note: This ordinance also repealed former Art. III, Environmental Commission, adopted 10-20-1975 (Ch. 12 of the 1982 Code), as amended. ]

§ 7-13. Repealer.

Chapter 7 of the Borough of Swedesboro Code entitled "Environmental Commission" is hereby repealed in its entirety and replaced with the following entitled "Joint Environmental Commission."

§ 7-14. Establishment of Board.

Be it ordained by the Council of the Borough of Swedesboro that the Swedesboro-Woolwich Joint Environmental Commission is hereby established pursuant to N.J.S.A. 40:56A-1 to 40:56A-12.

§ 7-15. Membership; compensation, terms of office; removal; vacancy.

A. A Joint Environmental Commission shall consist of 10 members plus two alternates. The Mayor of Woolwich Township shall appoint five members, one of whom shall also be a member of the Joint Land Use Board, plus one alternate and all of whom shall be residents of the Township of Woolwich. The Mayor of the Borough of Swedesboro shall appoint five members, one of whom shall also be a member of the Planning/Zoning Board, plus one alternate and all of whom shall be residents of the Borough of Swedesboro. The members shall serve without compensation except as hereinafter provided. The Swedesboro-Woolwich Joint Environmental Commission shall elect one of its members to serve as Chairman and presiding officer of the Joint Commission. The term of the Chairman shall be one-year. The terms of office of the first Commissioners shall be for one, two or three years, to be designated by the Mayors in making their appointments, and their successors shall be appointed for terms of three years and until appointment and qualification of their successors. The alternates shall be appointed for a term of one year. The first members of the Joint Commission shall be appointed for the following terms:
(1) Two members: one from Woolwich Township, one from the Borough of Swedesboro, for the one-year term expiring December 31, 2014.
(2) Four members: two from Woolwich Township, two from the Borough of Swedesboro, for the two-year term expiring December 31, 2015.
(3) Four members: two from Woolwich Township, two from the Borough of Swedesboro, for the three-year term expiring December 31, 2016.
(4) Two alternates: one from Woolwich Township, one from the Borough of Swedesboro, for a one-year term expiring December 31, 2014.
B. The governing bodies may remove a member of the Joint Commission from their own municipality for cause on written charges served upon the member and after the hearing thereon at which the member shall be entitled to be heard in person or by counsel. A vacancy on the Joint Commission occurring otherwise than expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.

§ 7-16. Powers and duties.

The Joint Commission is established for the protection, development or use of natural resources, including water resources, located within territorial limits of the Township of Woolwich and the Borough of Swedesboro. The Joint Commission shall have power to conduct research into the use and possible use of the open land areas of the municipalities and may coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print, and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary and prudent for its purposes. It shall keep an index of all open areas, publicly or privately owned, including open marshland, swamps and other wetlands, in order to obtain information on the appropriate use of such areas and may from time to time recommend to the relevant Land Use Board plans and programs for inclusion in the Master Plan and the development and use of such areas.

§ 7-17. Acquisitions of property by Commission.

The Joint Environmental Commission may, subject to approval of both of the governing bodies, acquire property, both real and personal, in the name of the municipalities by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions) as may be necessary to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve and properly utilize open spaces and other land and water areas in the municipalities.

§ 7-18. Records; annual reports.

The Joint Environmental Commission shall keep records of its meetings and activities and make an annual report to the governing bodies.

§ 7-18.1. Appointment of clerks and other employees; appropriations.

The Joint Commission may appoint such clerks and other employees and incur such expenses as it may from time to time require, providing the same shall be within the limits of funds appropriated to it by the governing bodies or otherwise available to it. The Borough of Swedesboro will maintain the funding for the Joint Environmental Commission between the Borough of Swedesboro and the Township of Woolwich starting in budget calendar year 2014. The Joint Commission should establish a funding mechanism to get the yearly funds from Woolwich to Swedesboro.

§ 7-18.2. Studies and recommendations.

The Joint Environmental Commission shall have the power to study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protection of flora and fauna.

§ 7-18.3. Transfer of assets.

The Woolwich Township and Borough of Swedesboro Environmental Commissions shall transfer and convey to the Joint Commission all assets, monies, books/records, property interests, funding/funding rights, and all such other property they own and/or control in furtherance of the combined goals of the heretofore existing Environmental Commissions.

Article IV. Business Development Advisory Committee

[Adopted 3-1-2004 (Ch. 3 of the 1982 Code)]

§ 7-19. Purpose; creation.

In order to advertise the advantages of Borough of Swedesboro, to analyze the economic potential and development of Borough of Swedesboro and to mobilize and assist in the development of potential resource and economic conditions of the Borough, there is hereby created and established by this article a committee to be known as the "Business Development Advisory Committee of the Borough of Swedesboro."

§ 7-20. Appointment of members; terms of office; vacancies.

A. The members of the Committee shall be appointed by the Mayor with advice and consent of the Borough Council. Each member shall be, for the last five years preceding his appointment, a citizen of the United States and a qualified voter of the State of New Jersey. One member shall be appointed for one year; two members for two years; two members for three years; and two members for four years. At the expiration of each of the above terms, the new member or members shall be appointed for a term of four years. Vacancies in the membership of the Committee, occurring for whatever cause, shall be promptly filled by appointment for the unexpired term thereof. The appointments shall take place in the same manner in which the original appointments are made. Members shall serve for their respective terms and until their successors are appointed and qualified.
B. The Mayor, Borough Planner and Borough Clerk shall automatically be nonvoting members of the Committee in addition to the seven voting members.
C. Each voting member shall be chosen with a view to his/her qualifications and fitness for service, shall have had experience in industry and commerce, shall be conversant with the economic needs and facilities in the Borough of Swedesboro and shall be of known devotion to public service.
D. All terms set forth in Subsection A herein shall expire on December 31. A member appointed for one year shall expire December 31, 2004, the two-year terms shall expire December 31, 2005; three-year terms shall expire December 31, 2006; four-year terms shall expire December 31, 2007. At the expiration of each of the above terms, the new member or members shall be appointed for a term of four years beginning January 1 of the given year.

§ 7-21. Officers; quorum.

Members of the Committee shall annually choose from among its voting members a Chairman and such other officers as it may deem necessary. A majority of the voting members shall constitute a quorum.

§ 7-22. Salaries and compensation.

The members and officers of the Committee shall serve without compensation except for legitimate costs approved by the Borough Council upon proper submission and review.

§ 7-23. Oath of office.

Each member and officer of the Committee shall, before assuming office, take and subscribe an oath that he/she will faithfully and impartially discharge the duties of his/her office.

§ 7-24. Powers and duties.

The Business Development Advisory Committee shall be strictly an advisory committee. It shall perform the functions and exercise the powers hereinafter enumerated:
A. It will develop ways and means of attracting industry and commerce into Borough of Swedesboro within budgetary limitations.
B. It will make recommendations to attract this industry and commerce and forward the same to the Mayor and Borough Council for consideration.
C. It will assist in coordinating programs and projects aimed at the retention of existing businesses, as well as the attracting of new or expanded business opportunities within the Borough of Swedesboro.
D. It will submit written reports to the Mayor and Borough Council outlining its recommendations and advice on business developments within the Borough of Swedesboro.

§ 7-25. Limitation of powers; annual report.

The Committee shall not have any powers other than those set forth, and specifically shall have no power to pledge the credit of the municipality or to enter into contracts or authorize to create debts except as authorized. It shall operate within the appropriation made by the Borough Council in its annual budget. The Committee shall make an annual report to the municipality during December of each year, setting forth, in detail, its operations and recommendations covering the preceding 12 months.

Article V. Shade Tree Commission

[Adopted 7-6-2004 (Ch. 42 of the 1982 Code)]

§ 7-26. Creation; composition; appointment; compensation.

There is hereby created a Shade Tree Commission consisting of not less than three and not more than five members, who shall be residents of the Borough, which Commission shall be known as the "Shade Tree Commission of the Borough of Swedesboro," and shall be appointed by the Mayor and shall serve without compensation except as hereinafter provided.

§ 7-27. Jurisdiction.

The Shade Tree Commission of the Borough of Swedesboro shall have jurisdiction over the planting, care, control, and removal of shade and ornamental trees and shrubbery upon and in the streets, highways, public places, parks and parkways of the Borough of Swedesboro, except state highways, unless the State Highway Department shall assent thereto, and except county highways, parks and parkways of Gloucester now or hereinafter has a county shade tree commission, unless the county shade tree commission shall assent thereto.

§ 7-28. Terms.

The Commission shall be appointed within 60 days from the final passage of this article, and their terms shall commence upon the day of their appointments and be for the respective periods of three, four, and five years counted from January 1 next succeeding their appointment. All subsequent appointments, except to fill vacancies, shall be for the full term of three years, to take effect on January 1 next succeeding such appointments. In event that the membership of any Commission is increased, the new members shall be appointed in such manner that the terms shall expire in accordance with the foregoing.

§ 7-29. Organization; salaries of officers and employees.

The Commission shall organize within 30 days after the appointment of its total membership for the remainder of the then-calendar year and thereafter annually by the election of one of its members as Chairman and the appointment of a Secretary, who may be compensated even if a member of the Commission and whose compensation shall be fixed by the governing body of the municipality. The salary of all other employees shall be fixed by the Commission. All salaries shall be fixed as nearly as practicable in accordance with the salary schedule, if any, of the municipality for corresponding positions.

§ 7-30. Powers.

The Shade Tree Commission of the Borough of Swedesboro shall have power to:
A. Exercise full and exclusive control over the regulation, planting, care and/or removal of shade and ornamental trees and shrubbery now located or which may hereinafter be planted in any public highway, park or parkway, except as excluded by § 7-27 of this article.
B. Regulate and control the use of the ground surrounding same so far as may be necessary for their proper growth, care and protection.
C. Move or require the removal of any tree or part thereof dangerous to public safety.
D. Care for and control such parks and parkways; encourage arboriculture; and make, alter, amend and repeal, in the manner prescribed for the passage, alteration, amendment and repeal of ordinances by the governing body of the municipality, any and all ordinances necessary or proper for carrying out the provisions hereof.
E. Administer treatment to or remove any tree situate upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the municipality and enter upon private property for that purpose, with the consent of the owner thereof, provided that the suspected condition is first confirmed by certificate issued by or on behalf of the Department of Agriculture.

§ 7-31. Cost of trees and improvements.

A. Except as hereinafter provided, the initial cost of all trees planted by the Commission, the cost of planting the same, the cost of the posts and boxes or guards used for the protection thereof and the cost of the removal of any tree or part thereof dangerous to public safety shall, if the Commission shall so determine, in accordance with uniform rules and regulations promulgated for this purpose, be a charge upon the real estate in front of which such tree or trees shall be planted or removed as an improvement thereof. Such cost, if it is so determined that it is to be paid by the owner, shall, unless paid directly to the Commission, be certified by it to the Collector of Taxes of the municipality, shall thereupon become and be a lien upon said real estate, shall be included in the next tax bill rendered to the owner or owners thereof and be collected in the same manner as other taxes against that property.
B. The provisions of this section shall not apply to:
(1) A planting to replace a tree or trees theretofore planted by the Commission.
(2) A planting in connection with Arbor Day exercises or other educational demonstration.

§ 7-32. Consent required for public improvements affecting trees.

No statute giving any person or state, county or municipal board, body or official power or authority to lay any sidewalk along, or to open, construct, curb or pave any street, or to do any similar act shall be construed to permit or authorize any interference with or injury to a highway shade tree without the consent of the shade tree commission within whose jurisdiction such tree shall be located. In all cases, such commission shall reasonably cooperate with such person, board, body or official for the general public good. Nothing contained in this article shall be held to take away or diminish any of the powers or authority of the County Park Commission over the trees or shrubbery in any county park or parkway within its jurisdiction, or to give any other commission or board any power or authority with respect to such trees or shrubbery.

§ 7-33. Annual appropriation.

A. During the month of November in each year, the Shade Tree Commission of the Borough of Swedesboro shall certify to the governing body of the municipality the estimated sum necessary for the proper conduct of its work during the ensuing fiscal year, which shall include the sums estimated to be expended for such of the following items as it is anticipated expenditure will be made: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(1) Payment of wages and salaries of employees.
(2) Expenses of Commission members in discharging official duties, including expenses incident to attendance at professional meetings.
(3) Purchase of trees and shrubbery.
(4) Purchase of necessary equipment and material and the cost of services for the prudent promotion of the work.
B. The Borough Council of the Borough of Swedesboro shall annually appropriate such sums as it may deem necessary for said purposes.

§ 7-34. Regulations of Commission.

No person shall do any of the following acts to shade any ornamental trees and shrubbery upon and in the streets, highways, public places, parks and parkways of the Borough of Swedesboro, except state highways, unless the State Highway Department shall assent thereto and except county highways, parks and parkways if Gloucester now or hereafter has a county shade tree commission, unless the county shade tree commission shall assent thereto, without the prior approval of the Shade Tree Commission:
A. Cut, prune, climb with spikes, break, damage, remove or kill.
B. Cut, disturb or interfere in any way with any root.
C. Spray with any chemical.
D. Fasten any rope, wire, sign or other device. (Nothing herein shall prevent any governmental agency from affixing in a manner approved by the Shade Tree Commission a public notice upon a tree in connection with administering governmental affairs.)
E. Remove or damage any guard or device placed to protect any tree or shrub.
F. Conduct razing, removal or renovation of any structure if deemed, by the Commission, to be damaging to neighboring street trees.
G. Place or distribute chemicals, including but not limited to salt, deleterious to tree health.
H. Maintain a stationary fire or device which vaporizes noxious fumes deleterious to tree health.
I. Remove soil, either for trenching or otherwise.
J. Construct new sidewalks and/or driveways with any material whatsoever within five feet of a tree.
K. Plant any tree or shrub within the designated area under the control of the Commission.

§ 7-35. Violations and penalties; jurisdiction of courts.

A. The Commission may prescribe a fine for the violation of its ordinances in an amount not exceeding $1,500 for each violation, and the Municipal Court shall have jurisdiction over actions for the violation of such ordinances, and its ordinances shall be enforced by like proceedings and process as that provided by law for the enforcement of ordinances of this municipality. The officers authorized by law to serve and execute process for the Municipal Court of this municipality shall be the officers to serve and execute any process issued out of the Municipal Court for violations of the ordinances of the Commission. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. In addition to the penalties authorized by Subsection A of this section, the Commission may require a person who removes or otherwise destroys a tree in violation of a municipal ordinance to pay a replacement assessment to the municipality. The replacement assessment shall be the value of the tree as determined by the appraisal of a trained forester or certified tree expert retained by the Commission for that purpose.
C. Any public utility or cable television company that clears, moves, cuts, or destroys any trees, shrubs, or plants for the purpose of erecting, installing, moving, removing, altering or maintaining any structure or fixtures necessary for the supply of electric light, heat, power communications, or cable television services upon any lands in which it has acquired an easement or right-of-way, shall not be subject to any penalty imposed by a Commission pursuant to Subsections A or B of this section. This subsection shall not exempt any public utility or cable television company from any penalty or replacement assessment imposed for negligent actions.

§ 7-36. Disposition of penalties.

All money collected, either as fines or penalties, for any violation of a rule or regulation of the Shade Tree Commission of the Borough of Swedesboro or as a charge against real estate as provided by law shall be forthwith paid over to the Borough Treasurer of the Borough of Swedesboro.

Article VI. Municipal Alliance Commission

[Adopted 2-22-2011 by Ord. No. 1-2011]

§ 7-37. Creation.

This article herby creates the Municipal Alliance Commission.

§ 7-38. Membership; terms.

The Municipal Alliance Commission shall be comprised of five members, who shall be appointed by the Mayor. Appointees shall not be limited to Swedesboro residents. One of said members shall be designated as the Municipal Alliance Coordinator by the Mayor. The term of membership shall be two years, with the exception of the members first appointed pursuant to this article. Two of the first members appointed shall, by the resolution of appointment, be designated for a one-year term.

Chapter 13. CLAIMS APPROVAL

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 2-22-1977 (Ch. 5 of the 1982 Code). Amendments noted where applicable.]

§ 13-1. Submission of claim on voucher form.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). All claims against the Borough of Swedesboro for payment shall be submitted on a voucher form to be supplied by the Borough Treasurer or, in the alternative, on a state-approved voucher form.

§ 13-2. Deadline for voucher submission.

All vouchers shall be signed and dated and submitted no later than the last business day of the calendar week immediately preceding the meeting at which they are to be considered.

§ 13-3. Submission of voucher to Treasurer.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). All vouchers shall be submitted to the Borough Treasurer at the Borough Hall during normal business hours.

§ 13-4. Certification of goods or services received required prior to review.

Prior to review by the Mayor and Council, the Borough officer's certification as to receipt of goods or services shall have been properly signed and dated.

§ 13-5. Approval or rejection of submitted voucher.

[Amended 4-21-1980]
The Borough Council shall review and approve or reject each properly signed and submitted voucher on or prior to the first regular meeting of the month.

§ 13-6. Signatures required on approved vouchers.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Approval by the Borough Council shall be evidenced by the signature of at least one member of Council and the CFO on the vouchers.

§ 13-7. Payment of claims.

[Amended 4-21-1980 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
All payments shall be made by check on the Borough account, properly signed as provided by law. Said payments shall be made as follows:
A. Salaries, wages and compensation of officers and employees, both elective and appointive, shall be paid on a biweekly basis
B. All other claims shall be paid after approval at each regular meeting of the month.

Chapter 16. COURT

[Pursuant to Ord. No. 16-2009, the Mayor and Borough Council of the Borough of Swedesboro abolished its Municipal Court and contracted court services to the Township of Woolwich. A copy of the ordinance is available in the Clerk's office.]

Chapter 20. DEFENSE AND INDEMNIFICATION

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 2-5-2007 by Ord. No. 3-2007 (Ch. 18 of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Boards, committees and commissions — See Ch. 7.
Officers and employees — See Ch. 35.
Personnel policies — See Ch. 40.

§ 20-1. Legislative intent.

Except as hereinafter provided, the Borough of Swedesboro, hereinafter known as "the Borough," shall, upon the request of any present or former official, employee or appointee of the Borough, provide for indemnification and legal defense of any civil action brought against said person or persons arising from an act or omission falling within the scope of their public duties.

§ 20-2. Exemplary or punitive damages.

Pursuant to N.J.S.A. 59:10-4, the indemnification and defense provided for in this chapter shall include exemplary or punitive damages resulting from the employee's civil violation of state or federal law if, in the opinion of the Borough of Swedesboro, the acts committed upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong.

§ 20-3. Word usage.

The terms of this chapter and the definitions of "official," "employee" and "appointee" are to be construed liberally in order to effectuate the purposes of this chapter except that these terms shall not mean any person who is not a natural person; any person while providing goods or services of any kind under any contract with the Borough except an employment contract; any person while providing legal or engineering services for compensation unless said person is a full-time employee of the Borough; and any person who, as a condition of his or her appointment or contract, is required to indemnify and defend the Borough and/or secure insurance.

§ 20-4. Defense in civil actions.

The Borough shall provide for defense of and indemnify any present or former official, employee or appointee of the Borough who becomes a defendant in a civil action if the person or persons involved acted or failed to act in a matter in which the Borough has or had an interest; acted or failed to act in the discharge of a duty imposed or authorized by law; and acted or failed to take action in good faith. For purposes of this chapter, the duty and authority of the Borough to defend and indemnify shall extend to a cross-claim or counterclaim against said person.

§ 20-5. Defense in other actions.

In any other action or proceeding, including criminal proceedings, the Borough may provide for the defense of a present or former official, employee or appointee, if the Borough of Swedesboro concludes that such representation is in the best interest of the Borough and that the person to be defended acted or failed to act in accord with the standards set forth in this chapter.

§ 20-6. Exclusive control over representation.

Whenever the Borough provides for the defense of any action set forth herein and as a condition of such defense, the Borough may assume exclusive control over the representation of such persons defended and such person shall cooperate fully with the Borough.

§ 20-7. Counsel.

The Borough may provide for the defense pursuant to this chapter by authorizing its attorney to act in behalf of the person being defended or by employing other counsel for this purpose or by asserting the right of the Borough under any appropriate insurance policy that requires the insurer to provide defense.

Chapter 26. ETHICS

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro as indicated in article histories. Amendments noted where applicable.]

Article I. Fair and Open Process for Award of Professional Service Agreements

[Adopted 10-17-2005 by Ord. No. 12-2005 (Ch. 13, Art. I, of the 1982 Code)]

§ 26-1. Prohibition awarding certain public contracts.

A. Any other provision of the law to the contrary notwithstanding, the Borough, or any agency or instrumentality thereof, shall not enter into a contract having an anticipated value in excess of $17,500, as determined in advance and certified in writing by the Borough, agency or instrumentality, with a business entity that has made political contribution that is reportable by the recipient under N.J.S.A. 19:44A-1 et seq., to any municipal committee of a political party in that municipality if a member of that political party is serving in an elective public office of that municipality when the contract is awarded or to any candidate committee of any person serving in an elective public office of that municipality when the contract is awarded; and
B. A business entity that has entered into a contract having an anticipated value in excess of $17,500 with the Borough or any agency or instrumentality thereof, except a contract that is awarded pursuant to a fair and open process, shall not make such a contribution reportable by the recipient under N.J.S.A. 19:44A-1 et seq., to any municipal committee of a political party in the Borough if a member of that political party is serving in an elective public office of the Borough when the contract is awarded or to any candidate committee of any person serving in an elective public office of the Borough when the contact is awarded, during the term of that contract.

§ 26-2. Fair and open process.

A. Any professional service entity or other business entity providing services to the Borough of Swedesboro shall be subject to a fair and open process for selection. That fair and open process shall be as set forth in Subsection B below, which shall establish a criteria for the fair and open process.
B. The fair and open process established by the Borough of Swedesboro shall require the following:
(1) Any professional position or service contract not subject to bidding that shall expire as of December 31 of that calendar year shall be advertised by the Mayor's office, appointing authority or Board, as the case may be, in the official newspaper of the Borough of Swedesboro for publication of notices and published on the Borough's website not later than December 10. The published notice shall set forth the name of the position or contract which is to become open and set forth the criteria to be considered and materials required to be submitted by the applicant.
(2) All of the information and documents submitted pursuant to this article by any Swedesboro government job applicant shall be supplied to the Mayor and all Councilpersons of the Borough of Swedesboro prior to the making of any appointment to such position and shall likewise be made available for inspection upon request by any adult resident of the Borough of Swedesboro.
(3) Should the applicant be a professional acquiring licensure in the State of New Jersey, said applicant shall be licensed for a period not less than five years.
(4) The applicant shall submit a certificate of good standing or other similar document evidencing that the professional's license is not presently suspended or revoked.
(5) The applicant shall submit a resume which shall set forth information, including but not limited to the following (as applicable to a business entity or individual professional):
(a) Full name and business address;
(b) A listing of all post high school education of the applicant;
(c) Dates of licensure in the State of New Jersey and any other state;
(d) A listing of any professional affiliations or memberships in any professional societies or organizations, with an indication as to any offices held therein;
(e) The number of licensed professionals employed by/affiliated with the business entity or the business entity which employs the applicant;
(f) A listing of all special accreditations held by the individual licensed professional or business entity; and
(g) A listing of all previous public entities served by the business entity or licensed professional, indicating the dates of services and position held.
C. The Mayor, appointing authority or Board shall thereafter select the professional or business entity for the position so advertised, which shall thereafter be confirmed or approved as required by law or ordinance.

Chapter 35. OFFICERS AND EMPLOYEES

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Boards, committees and commissions — See Ch. 7.
Defense and indemnification — See Ch. 20.
Personnel policies — See Ch. 40.

Article I. Borough Engineer

[Adopted 8-4-1975 (Ch. 26, Art. I, of the 1982 Code)]

§ 35-1. Appointment; term; compensation and qualifications.

There shall be a Borough Engineer, who shall be appointed by the Mayor with the advice and consent of the Borough Council as provided by statute for a term of one year. The Borough Engineer shall receive such compensation as may be agreed upon and determined by the Borough Council. He shall be a duly licensed professional engineer of the State of New Jersey.

§ 35-2. Duties.

The Engineer shall perform the duties prescribed by general law and ordinance. He shall:
A. Prepare or cause to be prepared plans, designs and specifications for public works and improvements undertaken by the Borough.
B. Under the supervision and direction of the Borough Council, provide and maintain surveys, maps, plans, specifications and control records with respect to public works and facilities owned or operated by the Borough.
C. Provide technical supervision with respect to operation, maintenance and repair of the Borough storm sewer system.
D. Provide technical and engineering advice and assistance to other Borough departments as needed.
E. Upon the termination of his service with the Borough, surrender all papers, documents, memoranda, reports and other materials relating to the administration of his engineering duties.

Article II. Borough Attorney

[Adopted 8-4-1975 (Ch. 26, Art. II, of the 1982 Code)]

§ 35-3. Appointment; term; compensation and qualifications.

There shall be a Borough Attorney, who shall be appointed by the Mayor with the advice and consent of the Borough Council as provided by statute for a term of one year. The Borough Attorney shall receive such compensation as may be agreed on and determined by the Borough Council. He shall be an attorney duly licensed to practice law in the State of New Jersey.

§ 35-4. Duties.

The Attorney shall give all legal counsel and advice required by the Borough Council or any member thereof and shall, in general, serve as the legal advisor to the Borough Council on all matters of Borough business. He shall represent the Borough in all judicial and administrative proceedings in which the Borough or any of its officers or agencies not separately represented may be a party or have an interest. In furtherance of his general powers and duties, but without limiting them, the Attorney shall:
A. Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the Borough.
B. Conduct appeals from orders, decisions or judgments affecting any interest of the Borough.
C. With the approval of the Borough Council, compromise or settle litigation in which the Borough is involved.
D. Render written opinions upon questions of law submitted to him by the Borough Council or any member thereof with respect to their official powers and duties.
E. Supervise and direct the work of any additional attorneys and technical and professional assistants the Borough Council may authorize for special or regular employment in or for the Borough.

Article III. Municipal Housing Liaison

[Adopted 12-15-2008 by Ord. No. 12-2008]

§ 35-5. Purpose.

The purpose of this article is to create the administrative mechanisms needed for the execution of Swedesboro Borough's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985. Editor's Note: See N.J.S.A. 52:27D-301 et seq.

§ 35-6. Definitions.

As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATIVE AGENT
The entity responsible for administering the affordability controls of some or all units in the affordable housing program for Swedesboro Borough to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
MUNICIPAL HOUSING LIAISON
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for Swedesboro Borough.

§ 35-7. Establishment of Municipal Housing Liaison position; compensation; powers and duties.

A. Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for Swedesboro Borough.
B. Subject to the approval of the Council on Affordable Housing (COAH) or the court, the Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee.
C. The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Swedesboro Borough, including the following responsibilities which may not be contracted out, exclusive of Subsection C(6) which may be contracted out:
(1) Serving as Swedesboro Borough's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households;
(2) Monitoring the status of all restricted units in Swedesboro Borough's Fair Share Plan;
(3) Compiling, verifying, and submitting annual reports as required by COAH;
(4) Coordinating meetings with affordable housing providers and administrative agents, as applicable;
(5) Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
(6) If applicable, serving as the administrative agent for some or all of the restricted units in Swedesboro Borough.
D. Subject to approval by COAH or the court, Swedesboro Borough may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of Swedesboro Borough, except for those responsibilities which may not be contracted out pursuant to Subsection C above. If Swedesboro Borough contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and affirmative marketing plan, the Municipal Housing Liaison shall supervise the contracting administrative agent.
E. Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.
F. Administrative powers and duties assigned to the Municipal Housing Liaison. Only the five required responsibilities outlined in Subsection C above will be handled by Swedesboro Borough's Municipal Housing Liaison. All other duties will be delegated to an approved administrative agent.

Article IV. Code Enforcement Official

[Adopted 6-6-2011 by Ord. No. 5-2011]

§ 35-8. Establishment of position.

The Borough of Swedesboro does hereby establish the position of Code Enforcement Official for the Borough of Swedesboro to perform the duties provided for herein and as may be otherwise set forth in law.

§ 35-9. Compensation.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The Code Enforcement Official shall be compensated consistent with the annual Salary Ordinance of the Borough of Swedesboro.

§ 35-10. Term.

The term of the position of Code Enforcement Official shall be one year with each term ending on December 31 of each year.

§ 35-11. Appointment.

The appointment of an individual to fill the position of Code Enforcement Official shall be made by the Borough Council.

§ 35-12. Powers, authority and duties.

Notwithstanding anything to the contrary set forth in this Code, the Code Enforcement Official for the Borough of Swedesboro shall have the power and authority to enforce each and every ordinance of the Borough of Swedesboro and to take and complete each of the procedures which may be required in each respective chapter of the Code to effect such enforcement. This delegation of power and authority is given in addition to and not as a substitute or replacement for the power and authority which may be otherwise provided to other positions and individuals under each chapter of this Code. It is the intent of this article that the Code Enforcement Official be given the same and exacting powers and authority as may be provided to each position which may be expressly identified in each chapter of this Code, and that any or all of such individuals holding the relevant position, including the Code Enforcement Official, may proceed with the enforcement of the respective ordinance provisions.

Chapter 40. PERSONNEL POLICIES

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Boards, committees and commissions — See Ch. 7.
Defense and indemnification — See Ch. 20.
Officers and employees — See Ch. 35.

Article I. Anti-Nepotism Policy

Editor's Note: Current personnel policies are on file in the Borough Clerk's office.
[Adopted 11-7-2005 (Ch. 32, Art. III, of the 1982 Code)]

§ 40-1. Definitions.

As used in this article, the following terms shall have the meanings indicated:
ELECTED OFFICIAL
Persons holding the position of Borough Council.
RELATIVE
Includes spouses, parents, children, siblings, grandparents/grandchildren, in-laws to the extent of parents or children, brothers and sisters-in-law, first cousins and aunts or uncles, nieces or nephews and step-relatives.
SUPERVISOR
Any employee of the Borough having supervisory duties and powers over another employee or employees within the respective department of the Borough.

§ 40-2. Purpose.

This policy is not for the purpose of depriving any citizen of an equal chance for employment with the Borough but is solely intended to eliminate the potential for preferential treatment of the relatives of governmental personnel.
A. The prohibitions set forth within this article shall apply solely to employee positions for the Borough of Swedesboro.
B. This article shall not apply to appointments to the various boards, committees and authorities of the Borough.
C. Subject to the exception in Subsection D contained herein, this article and the hiring prohibitions shall be applied prospectively only from the effective date of the enaction of this article and shall not in any way be construed to prohibit or make unlawful any current employment relationship or situation or the hiring or promotion of any person currently employed by the Borough of Swedesboro as of the effective date of this article.
D. The prohibitions and restrictions contained in Subsection A shall not apply in the case of seasonal part-time employment.

§ 40-3. Restrictions in hiring and promoting employees.

The following restrictions shall apply in the hiring and promotions of employees to employment positions for the Borough of Swedesboro.
A. Supervision. No relative (as defined herein) shall be considered for employment by the Borough of Swedesboro or hired to a position of employment with the Borough of Swedesboro where that person will be the supervisor of or be supervised by another relative who is an existing employee within the same department.
B. Applications. Applications for employment submitted by relatives of Borough employees holding current supervisory positions (hereafter "supervisor") will not be accepted for positions in the same department of the Borough in which the supervisor works or where, through promotion, such a situation or relationship could exist.
C. Relatives of elected officials. No person who is a relative of any elected official of the Borough of Swedesboro shall be considered for employment as an employee of the Borough. This shall not restrict nor prohibit the continued employment of individuals to a position or positions with the Borough where a relative of an employee is elected as a Borough Councilperson or Mayor after the date of the employee's start of employment with the Borough.
D. Promotion of existing employees. Notwithstanding the prospective application as to the remainder of this article as applied above, no elected official (Borough Councilperson or Mayor) or supervisor may participate in the promotion process or personnel action of any existing employee who is a relative of such elected official or supervisor.

§ 40-4. Current employees.

Except as may be otherwise expressly provided for herein, this article shall not affect the employment of any present Borough employees and/or any existing contractual obligations with employees by the Borough of Swedesboro.

Chapter 46. POLICE DEPARTMENT

[Pursuant to Ord. No. 15-2009, the Mayor and Borough Council of the Borough of Swedesboro abolished its Police Department and contracted police services to the Township of Woolwich. A copy of the ordinance is available in the Clerk's office.]

Chapter 60. VOLUNTEER INCENTIVES

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Personnel policies — See Ch. 40.

Article I. Tuition Credits

[Adopted 6-7-1999 (Ch. 14, Art. I, of the 1982 Code)]

§ 60-1. Statutory authority.

A. N.J.S.A. 18A:71-78.1 et seq. allows eligible members of volunteer fire companies, first-aid or rescue squads who serve as members for at least four years to receive tuition credits at county colleges, vocational schools or technical institutes.
B. N.J.S.A. 18A:71-78.1 et seq., a copy of which is attached hereto, Editor's Note: Said copy is on file in the Borough offices. sets out the eligibility standards for this tuition credit program.

§ 60-2. Program to be tax-free to citizens.

This tuition credit program is accomplished without any direct taxation of the citizens of the Borough of Swedesboro.

§ 60-3. Borough to participate in program; notification of eligibility.

The Mayor and Council of the Borough of Swedesboro in the County of Gloucester and State of New Jersey shall participate in this program, and the Mayor is hereby directed to issue a letter of eligibility to any volunteer who meets the criteria set forth in the statute.

PART II: GENERAL LEGISLATION

Chapter 68. AFFORDABLE HOUSING

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Municipal Housing Liaison — See Ch. 35, Art. III.
Land use procedures — See Ch. 200.
Rental property registration — See Ch. 254.
Site plan review — See Ch. 268.
Subdivision of land — See Ch. 290.
Zoning — See Ch. 340.

Article I. Development Fees

[Adopted 1-20-2009 by Ord. No. 3-2009]

§ 68-1. Purpose.

A. In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the rules adopted by the New Jersey Council on Affordable Housing (COAH).
B. Pursuant to P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have an approved spending plan may retain fees collected from nonresidential development.
C. This article establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance with P.L. 2008, c. 46, Sections 8 and 32-38. Fees collected pursuant to this article shall be used for the sole purpose of providing low- and moderate-income housing. This article shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.

§ 68-2. Basic requirements.

A. The Borough of Swedesboro shall not impose development fees on any applicant pursuant to this article until COAH or a court has approved the Development Fee Ordinance pursuant to N.J.A.C. 5:96-5.1, except that residential fees may be collected pursuant to the previously approved fee ordinance until such time as this article takes effect, and nonresidential fees shall be collected in accordance with the Statewide Nonresidential Development Fee Act, N.J.S.A. 40:55D-8.1 et seq.
B. The Borough of Swedesboro shall not spend development fees until COAH or a court has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.

§ 68-3. Definitions.

The following terms, as used in this article, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project, or a one-hundred-percent affordable development.
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in the state.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property as permitted under N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development on the environment, and enhance health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

§ 68-4. Residential development fees.

A. Imposed fees.
(1) Within all zoning districts in the Borough of Swedesboro, residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted.
(2) When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers shall be required to pay a development fee of 6% of the equalized assessed value (EAV) for each additional unit above that permitted by right which may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
(3) Example. If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1 1/2% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
B. Eligible exactions, ineligible exactions and exemptions for residential development.
(1) Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
(2) Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
(3) Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
(4) Nonprofit organizations which have received tax exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code, providing current evidence of that status is submitted to the Municipal Clerk, together with a certification that services of the organization are provided at reduced rates to those who establish an inability to pay existing charges, shall be exempted from paying a development fee.
(5) Federal, state, county and local governments shall be exempted from paying a development fee.
(6) The owner of a residential unit who rebuilds when the owner's existing dwelling unit was destroyed due to fire, flood or other natural disaster shall be exempt from paying a development fee.

§ 68-5. Nonresidential development fees.

A. Imposed fees.
(1) Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
(2) Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
(3) Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
B. Eligible exactions, ineligible exactions and exemptions for nonresidential development.
(1) The nonresidential portion of a mixed-use inclusionary or market-rate development shall be subject to the development fee of 2.5% , unless otherwise exempted below.
(2) The fee of 2.5% shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
(3) Nonresidential developments shall be exempt from payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF "State of New Jersey Nonresidential Development Certification/Exemption" form. Any exemption claimed by a developer shall be substantiated by that developer.
(4) A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46, shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
(5) If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Borough of Swedesboro as a lien against the real property of the owner.

§ 68-6. Collection procedure.

A. Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the Borough's Construction Code Official responsible for the issuance of a building permit.
B. For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Nonresidential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Code Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
C. The Construction Code Official responsible for the issuance of a building permit shall notify the County Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
D. Within 90 days of receipt of that notice, the County Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
E. The Construction Code Official responsible for the issuance of a final certificate of occupancy shall notify the County Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
F. Within 10 business days of a request for the scheduling of a final inspection, the County Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee, and thereafter notify the developer of the amount of the fee.
G. Should the Borough of Swedesboro fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of Section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
H. Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
I. Appeal of development fees.
(1) A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by the Borough of Swedesboro. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(2) A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the Borough of Swedesboro. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

§ 68-7. Affordable Housing Trust Fund.

A. There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Borough's Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
B. The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
(1) Payments in lieu of on-site construction of affordable units;
(2) Developer-contributed funds to make 10% of the affordable entrances in a townhouse or other multistory attached development accessible;
(3) Rental income from municipally operated units;
(4) Repayments from affordable housing program loans;
(5) Recapture funds;
(6) Proceeds from the sale of affordable units; and
(7) Any other funds collected in connection with the Borough of Swedesboro's affordable housing program.
C. Within seven days from the opening of the trust fund account, the Borough of Swedesboro shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the Borough's banking institution, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
D. All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH or the court.

§ 68-8. Use of funds.

A. The expenditure of all funds shall conform to a spending plan approved by COAH or the court. Funds deposited in the housing trust fund may be used for any activity approved by COAH or the court to address the Borough of Swedesboro's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.
B. Funds shall not be expended to reimburse the Borough of Swedesboro for past housing activities.
C. At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
(1) Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
(2) Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.
(3) Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
D. The Borough of Swedesboro may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
E. No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.

§ 68-9. Monitoring.

The Borough of Swedesboro shall complete and return to COAH all monitoring forms included in the annual monitoring report related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, and funds from the sale of units with extinguished controls barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Borough of Swedesboro's housing program, as well as to the expenditure of revenues and implementation of the plan approved by the court. All monitoring reports shall be completed on forms designed by COAH.

§ 68-10. Ongoing collection of fees.

The ability of the Borough of Swedesboro to impose, collect and expend development fees shall expire with its substantive certification or judgment of compliance unless the Borough of Swedesboro has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned COAH for substantive certification, or brought a declaratory relief action in court pursuant to N.J.S.A. 52:27D-313 and has received approval of its development fee ordinance by COAH or a court. If the Borough of Swedesboro fails to renew its ability to impose and collect development fees prior to the expiration of its substantive certification or judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The Borough of Swedesboro shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or its judgment of compliance, nor shall the Borough of Swedesboro retroactively impose a development fee on such a development. The Borough of Swedesboro shall not expend development fees after the expiration of its substantive certification or its judgment of compliance.

Chapter 74. ALARM DEVICES

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Police Department — See Ch. 46.
Fire prevention — See Ch. 156.

Article I. False Alarms

[Adopted 2-20-1990 (Ch. 47 of the 1982 Code)]

§ 74-1. Definitions.

As used in this article, the following terms shall have the meanings indicated:
FALSE ALARM
Any burglary, fire or other alarm resulting in notification to the Police Department and/or Fire Department, caused by inadvertence, negligence or any unintentional act of someone other than an intruder or by malfunctioning of the device or other related equipment.

§ 74-2. Investigation of false alarms; record.

The Police Department shall investigate the causing of false alarms as described above and keep a record of the same.

§ 74-3. Violations and penalties.

A. Any person, corporation, partnership or other entity who owns or controls a fire, burglary or other similar alarm device in the Borough of Swedesboro, which said device causes more than five false alarms in any given calendar year, shall be deemed in violation of the provisions of this article for the sixth false alarm or any subsequent false alarms in such calendar year.
B. Any person, corporation, partnership or other entity who violates the provisions of this article shall be subject to the following penalties:
(1) First offense (over five false alarms in a calendar year): fine of $50 (court appearance not required).
(2) Second offense (one subsequent false alarm in the same calendar year): fine of $100 (court appearance not required).
(3) Third and subsequent offenses (subsequent false alarms in the same calendar year): fine not exceeding $500 per subsequent offense. A court appearance in the Municipal Court shall be required, with the amount of the fine to be determined by the Judge of said Court.
C. The provisions of this section shall not apply to alarm devices on property owned by the Borough of Swedesboro, the Swedesboro Board of Education or any other similar agency or department of the Borough.

§ 74-4. Registration of audible alarms; violations and penalties.

A. Any person, corporation, partnership or other entity who owns or controls an audible alarm, as defined in § 74-1 of this article, in the Borough of Swedesboro shall register the same with the Police Department. Such registration shall be in writing and shall be amended, in writing, from time to time as any changes of applicable information occur. Said registration shall include the following information:
(1) The address of the alarmed property.
(2) The name and telephone number of the property owner.
(3) The telephone number to call if the property owner is unavailable.
(4) The type of alarm, i.e., burglary, fire, medical alert, etc.
B. Any person, corporation, partnership or other entity who shall violate any of the provisions of this section shall be subject to the penalties in Chapter 1, Article I, General Provisions, § 1-15, General penalty. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Chapter 80. ALCOHOLIC BEVERAGES

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 140.
Food establishments — See Ch. 359.

Article I. Licensing, Sale and Distribution

[Adopted 11-26-1935 (Ch. 48, Art. I, of the 1982 Code)]

§ 80-1. Purpose; applicable laws and regulations.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). This article is for the purpose of fixing license fees and regulating the sale of alcoholic beverages in the Borough of Swedesboro, County of Gloucester and State of New Jersey, in accordance with the provisions of N.J.S.A. 33:1-1 et seq., as amended and supplemented, and in accordance with the rules and regulations promulgated or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable hereto and in accordance with the rules and regulations existing herein or hereafter adopted by competent municipal authority not inconsistent with said Act or said rules and regulations of said State Commissioner.

§ 80-2. Number of licenses limited.

[Amended 2-8-1949; 3-3-1953; 2-15-1982]
The Mayor and Council of the Borough of Swedesboro shall limit the classes of licenses, as defined in § 80-6 of this article, in number as follows:
A. Plenary retail consumption license: two.
B. Plenary retail distribution license: one.
C. Club license: The Borough Council may grant such number of club licenses as it may decide upon proper application therefor. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 80-3. Compliance required.

It shall be unlawful to sell or distribute alcoholic beverages otherwise than as provided in this article and/or said Act.

§ 80-4. Administration of provisions.

The Mayor and Council of the Borough of Swedesboro, in the County of Gloucester, shall constitute the authority for the administration of the issuance of licenses hereunder; provided, however, that no licenses shall be granted unless it shall appear that a majority of the whole Council shall vote to issue the same.

§ 80-5. Licenses: terms and applicable rules and regulations.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). All licenses issued hereunder shall be issued for the term of one year from the first day of July in each year and shall be subject to and controlled by the provisions of this article and the provisions N.J.S.A. 33:1-1 et seq. and to such rules and regulations as the State Commissioner of Alcoholic Beverage Control has now established or may hereafter promulgate, as well as such other reasonable regulations as the Borough Council of the Borough of Swedesboro may hereafter establish.

§ 80-6. Classes of licenses; fees.

[Amended 5-28-1946; 6-26-1950; 6-3-1952; 3-1-1954; 12-28-1970; 11-2-1981; 2-15-1982; 3-21-2005 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
A. Plenary retail consumption license. The holder of this license shall be entitled, subject to all rules and regulations governing the same, to sell for consumption in licensed premises any alcoholic beverages by the glass or other receptacle and also to sell all alcoholic beverages in original containers for consumption off the licensed premises. The annual fee shall be as set forth in Chapter 140, Fees.
B. Plenary retail distribution license. The holder of this license shall be entitled, subject to all rules and regulations governing the same, to sell for consumption any alcoholic beverages for consumption off the licensed premises, but only in original containers. The fees shall be as set forth in Chapter 140, Fees.
C. Club license. The holder of this license shall be entitled, subject to all rules and regulations governing the same, to sell only to bona fide club members and their guests alcoholic beverages for immediate consumption on the licensed premises only. The annual fee for this license shall be as set forth in Chapter 140, Fees.
D. Limited retail distribution license. No limited retail distribution license shall be granted within the Borough of Swedesboro.

§ 80-7. Sales to minors and uniformed firemen and policemen prohibited.

[Amended 2-15-1982 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
No alcoholic beverages shall be sold, served or delivered to any person under the age of 21 years, nor shall there be any sale or delivery of any such beverage to any person wearing a uniform of the Fire or Police Department of this Borough.

§ 80-8. Hours of sale.

[Amended 1-21-1963; 12-28-1970; 5-7-1979]
A. Hours designated.
[Amended 11-5-1979; 9-2-1980; 11-2-1981]
(1) Weekdays and Sundays.
(a) Weekdays. Holders of plenary retail consumption licenses and club licenses may sell, serve, deliver and permit the consumption of alcoholic beverages by the glass or other receptacle on Mondays through Saturdays between the hours of 7:00 a.m. until 2:00 a.m. the following day.
(b) Sundays. Holders of plenary retail consumption licenses and club licenses may sell, serve, deliver and permit the consumption of alcoholic beverages by the glass or other receptacle on Sunday between the hours of 12:00 noon and 12:00 midnight.
(2) Package sales, off-premises consumption. No holder of a license for the sale of alcoholic beverages for off-premises consumption shall sell or deliver, or allow, permit or suffer the sale or delivery of, any alcoholic beverage, at retail, in its original container for consumption off the licensed premises or allow, permit or suffer the removal of any alcoholic beverage, in its original or opened container, from retail licensed premises before the hour of 9:00 a.m. or after 10:00 p.m., except that the sale of malt alcoholic beverages, in the original bottle or can containers, for consumption off the premises, and the sale of wine, in the original bottle or container, for consumption off the premises shall be permitted as allowed by the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control, by administrative regulation or by the Legislature of the State of New Jersey; provided, however, that the hours for the sale of malt or wine alcoholic beverages in their original bottles or containers for off-premises consumption shall not exceed the hours of sale permitted to plenary retail consumption licensees by Subsection A(1) above. Editor's Note: Former Subsection B, amended 9-2-1980 and 7-20-1981, which regulated retail package sale hours, was repealed 11-2-1981. For current provisions see Subsection A(2) of this section.
B. The times mentioned shall be construed to mean the standard time of the State of New Jersey as established and defined by N.J.S.A. 1:1-2.3 (P.L. 1955, c. 47). Editor's Note: Original § 48-9, Certain sale or service of alcoholic beverages prohibited; § 48-10, Regulations concerning licensee and use of licensed premises; § 48-11, License required; purchases of illicit beverages prohibited; exceptions; and § 48-12, Inspections of licensed premises, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 80-9. Buildings to have entrances upon public thoroughfares.

All buildings for which such licenses are issued shall have an entrance upon a public thoroughfare of the Borough of Swedesboro.

§ 80-10. Violations and penalties.

[Amended 2-15-1982]
A. Any person who shall sell or distribute any alcoholic beverage without having complied with or in violation of any of the provisions of this article shall, upon conviction thereof, be subject to a fine of not more than $500 or to imprisonment for not more than 90 days, or to both said fine and imprisonment, in the discretion of the Judge before whom such person is convicted.
B. Any license issued pursuant to this article may be suspended or revoked for violation of any of the provisions of this article or for violation of any of the provisions of N.J.S.A. 33:1-1 et seq., or its amendments and supplements, or of any of the rules and regulations promulgated by the State Commissioner of Alcoholic Beverage Control. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Article II. Consumption in Public

[Adopted 7-7-1980 (Ch. 48, Art. II, of the 1982 Code)]

§ 80-11. Public consumption prohibited.

No person shall consume any alcoholic beverage within the limits of the Borough of Swedesboro or have in his possession any open alcoholic beverage container or any container with unconsumed alcoholic beverage while:
A. In or on a public street, lane, roadway, avenue, sidewalk, public parking place, playground, recreation area, school buildings or grounds or any other public or quasi-public place or in any public conveyance.
B. In a private motor vehicle, motorcycle or motor scooter while same is in motion or parked in any public street, lane or parking area, parking lot or any other public place.
C. Upon any private property not his own without the permission of the owner or other person having authority to grant such permission.

§ 80-12. Discarding of alcoholic beverage containers restricted.

No person shall discard any alcoholic beverage container upon any public street, lane, sidewalk, public parking lot or upon any private property not his own without the permission of the owner.

§ 80-13. Authorization of possession or consumption for special events.

A. Notwithstanding the provisions of §§ 80-11 and 80-12 of this article, the Borough of Swedesboro may, by resolution, permit the possession or consumption of alcoholic beverages in a designated park at a designated time or times in connection with a specific event, series of events or observances which have been authorized by the governing body.
B. Notwithstanding the provisions of §§ 80-11 and 80-12 of this article, the Borough of Swedesboro may by yearly resolution permit the possession or consumption of alcoholic beverages in designated areas at designated time or times in connection with restaurants in the Borough of Swedesboro licensed for the consumption of alcoholic beverages. Said designated areas and designated times shall be set forth in the resolution approving the possession or consumption of alcoholic beverages.
[Added 5-7-2007 by Ord. No. 17-2007]

§ 80-14. Violations and penalties.

Any person who shall violate any of the terms or provisions of this article or who shall commit or do any act or thing prohibited in this article shall, upon conviction thereof before the Municipal Court, be imprisoned in the county jail for a term not exceeding 90 days or shall forfeit and pay a fine not exceeding $500, or both.

Chapter 84. AMUSEMENTS

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 4-10-1945 (Ch. 51 of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 140.
Poolrooms and billiard halls — See Ch. 235.

§ 84-1. Purpose.

[Amended 2-15-1982 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
This chapter is enacted for the purpose of regulating and controlling amusement games and machines known and designated as "electric crane machines," "electronic games," "video games," "pinball games" or coin music boxes commonly called "jukeboxes."

§ 84-2. License required.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). No person, firm or corporation shall maintain, operate or possess in any store, building or other place wherein the public is invited or where the public may enter or any building or other place wherein any club or organization meetings are held within the Borough of Swedesboro any amusement game or games or machines of the type commonly known as "electric crane machines," "electronic games," "video games" or "pinball machines" or any coin music boxes for the playing of music commonly called "jukeboxes" without first obtaining a license therefor.

§ 84-3. Annual license fee for amusement game or machine.

[Amended 12-28-1970 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
The annual license fee for such amusement game or machine shall be as set forth in Chapter 140, Fees, payable in advance for the calendar year in which it is issued.

§ 84-4. Annual license fee for jukebox.

[Amended 12-28-1970 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
The annual license fee for such coin music boxes commonly called a "jukebox" shall be as set forth in Chapter 140, Fees, payable in advance for the calendar year in which it is issued.

§ 84-5. Application for license.

The Borough Clerk shall cause to be prepared the necessary forms of application for license to maintain such games, machines or boxes, which application shall state the name and address of the applicant; the exact location where the game, machine or box is to be installed; the kind of game, machine or box; and shall state whether or not the applicant has been convicted of a crime or violation of any federal, state or local laws and such other information as the Borough Council shall deem necessary and proper. A separate application shall be required for each game, machine or box. The license fee shall accompany each application filed, and if the application is denied, the fee shall be returned to the applicant.

§ 84-6. Application procedure.

The proprietor of the premises where the game, machine or box is to be installed shall be the applicant for the license herein required. The application must be signed by the applicant. Upon receipt of the application, the Borough Clerk shall refer the same to the Chief of Police and the Chief of the Fire Department, who shall make or cause to be made an inspection of the premises described in the application. The Chief of Police and the Chief of the Fire Department, upon completion of their inspection, shall attach to said application their reports thereon in writing, which shall also state their approval or disapproval and the reasons therefor. Upon receipt of said application and inspection reports, the Borough Council of the Borough of Swedesboro shall proceed to consider the same and shall either approve or disapprove the issuance of the license to said applicant. If the application is approved, the Borough Council shall authorize the Borough Clerk to issue the necessary license upon receipt of the license fee or fees as herein provided.

§ 84-7. Revocation of license.

At any time after the granting of said license, the Borough Council may, in the exercise of its discretion, revoke the same for any willful false statement in the application. Said license may be revoked in the event that the licensee shall be convicted of any violation of this chapter.

§ 84-8. Substituting games or machines.

Nothing contained in this chapter shall prohibit the holder of the license herein provided for games and machines mentioned in § 84-1 from substituting a game or machine at the location set forth in such license, but at no time shall more than one game or machine be operated under one license.

§ 84-9. Approval for transfer of license required.

Every such license shall apply only to the person to whom it was granted and for the premises stated in the application and on the license and shall not be transferable unless the Borough Council approves of such transfer in writing.

§ 84-10. Use of games or machines by minors prohibited.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). No person under the age of 16 years of age shall be permitted to play or operate any of said electric crane machines, electronic games, video games or pinball amusement games or machines.

§ 84-11. Hours of operation or playing.

[Amended 5-6-1952; 7-1-1957; 4-19-1982]
The operation or playing of all types of games, machines or boxes mentioned herein shall not be permitted between the hours of 2:00 a.m. and 8:00 a.m. in the morning.

§ 84-12. Number of games or machines limited; separate license required.

No more than three games, machines or device of the type or types herein mentioned shall be permitted to be used or operated in any one place, location or premises, and a separate license must be obtained for each machine so operated.

§ 84-13. Contents of license; display of license required.

Said license, when granted, shall be affixed in a conspicuous place to the game, machine or box for which it was issued and shall show the name and post office address of the licensee; the manufacturer's serial number of the game, machine or box; and the amount required to operate said game, machine or box and shall state that the game, machine or box to which the same is affixed is licensed by the Borough of Swedesboro.

§ 84-14. Use of games or machines as gambling devices prohibited.

Any person, firm or corporation who shall use or permit to be used any of the games, machines or boxes licensed hereunder for the purpose of gambling shall be guilty of a violation of this chapter and penalized therefor as herein provided. The Borough Council may, in its discretion, revoke the license or licenses if the game, machine or box is used or permitted to be used for the purpose of gambling.

§ 84-15. Violations and penalties.

[Amended 2-15-1982]
Any person found in violation of any provisions of this chapter, upon conviction thereof, shall be penalized by a fine in any sum not exceeding $500 or, in default of the payment of such fine, may be imprisoned in the county jail for a term not exceeding 90 days, or both, as may be fixed in the discretion of the Judge. Any corporation violating any of the provisions of this chapter shall, upon conviction thereof, pay a fine not exceeding $500 which may be recovered by the manner provided by law.

Chapter 89. ANIMALS

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 140.
Parks and lakes regulations — See Ch. 229.
Stormwater control — See Ch. 280.

Article I. Dogs, Cats and Other Animals

[Adopted 12-2-1952 (Ch. 62, Art. I, of the 1982 Code)]

§ 89-1. Definitions and word usage.

[Amended 11-19-1990]
A. Terms defined. The words hereinafter defined shall have the meanings herein indicated for the purposes of this article as follows:
CAT
Any member of the domestic feline species.
CAT OF LICENSING AGE
Any cat that has attained the age of six months.
DOG
Any carnivorous domesticated mammal (Canis familiaris), whether male or female, regardless of age.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
OWNER
When applied to the proprietorship of a dog or cat, every person having a property right in such dog or cat and every person who has such dog or cat in his or her keeping.
PERSON
Any individual, firm, partnership, corporation or association of persons.
VICIOUS DOG
Any dog which has attacked or bitten any human or which habitually attacks other dogs or domestic animals.
B. Word usage.
(1) The words "and" and "or" may be used interchangeably, and either of the two may be applicable, whichever is more conducive towards the effectuating of this article.
(2) Personal pronouns shall mean either the singular or the plural, whichever is applicable and conducive towards the effectuating of this article.
(3) The masculine, feminine or the neuter gender shall be implied, whichever is appropriate and conducive for the effectuating of this article.

§ 89-2. Adoption of state statutes and regulations.

[Added 5-17-1993]
This article adopts all state statutes and regulations regarding the ownership of dogs and cats, including but not limited to those statutes contained in Titles 4, 9 and 26 of the New Jersey Statutes Annotated, and shall not be read to be inconsistent with said statute and regulations except where permitted by statute or regulation and delineated in this article.

§ 89-3. License required; fee; maximum number of dogs and cats permitted.

[Added 12-19-1966; amended 6-21-1976; 2-15-1982; 5-17-1982; 11-19-1990; 12-17-1990; 5-17-1993; 6-7-1993; 3-1-2004]
A. All dogs and cats within the Borough of Swedesboro limits shall be licensed in accordance with New Jersey statutes, if applicable, and the licensing fee and the registration fee, if applicable, as required by the State Department of Health and Senior Services, shall be as set forth in Chapter 140, Fees. No person shall own, keep, or harbor dogs or cats of licensing age in excess of three in number.
[Amended 4-6-2009 by Ord. No. 6-2009 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
B. Any resident of the Borough of Swedesboro lawfully owning a dog or cat licensed in the Borough of Swedesboro and in compliance with this section and securing said license prior to the date of the adoption of this amendment to this article shall not be in violation of this section despite owning a dog or dogs, cat or cats in excess of three in number that are of licensing age.
C. Any resident of the Borough of Swedesboro who desires to license a dog or dogs, cat or cats such that said owner would exceed the limit of keeping or harboring more than three dogs or cats of licensing age may, after the date of the adoption of this amendment to this article, make an application to the local Board of Health. After receipt of said application, the local Board of Health shall, after a reasonable amount of time, make a recommendation to the Mayor and Council of the Borough of Swedesboro regarding whether a license should be granted to the applicant for said dog or dogs, cat or cats, and such recommendation may include a statement as to the impact that the local Board of Health deems said dog or dogs, cat or cats may have upon the Borough of Swedesboro. Said statement may address issues of health, safety, and humane treatment of animals and any other matter within the jurisdiction of the local Board of Health that said Board deems to be raised by an application to license said dog or dogs and cat or cats.

§ 89-4. Annual licensing and registration; late fee.

[Added 3-1-2004; amended 4-6-2009 by Ord. No. 6-2009]
A. Any person who shall own, keep, or harbor a dog or cat of licensing age shall, 10 days after such acquisition or age attainment ("age of attainment" is defined as seven months of age), and annually thereafter prior to April 1 of each year, apply for and procure from the Animal Control Officer a license and official metal registration tag for each such dog or cat so owned, kept or harbored and shall place upon such a dog or cat a collar or harness with the registration tag securely fastened thereto.
B. There shall be an additional late charge as set forth in Chapter 140, Fees, for any license issued after April 1 of any year, unless applied for within 10 days or acquisition of the dog or cat or within 10 days after the dog's or cat's attaining the licensing age, with the exception of new residents, for which a forty-five-day extension will be granted. The forty-five-day extension begins the first day occupancy occurs. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 89-5. Running at large; unlawful use of tags; defecation by dogs.

[Amended 11-19-1990; 5-17-1993]
A. Any dog or cat owner who shall suffer or permit any unlicensed dog or cat to run at large or who shall suffer or permit any dog or cat, whether licensed or not, to run at large without the tag provided by law or who shall cause or permit any unlicensed dog or cat to wear such a tag shall be guilty of a violation of this article.
B. No person shall permit any dog owned or harbored by him or in his charge to defecate in any area in the Borough of Swedesboro other than his own property or in any street between the curblines or where no curbs exist on the paved portion of such street. Said owner or harborer shall not be in violation of this section if the owner or harborer shall immediately move all feces from these areas with an instrument that the owner shall be required to carry.

§ 89-6. Leash requirements.

[Amended 11-9-1990; 12-17-1990]
No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any public places of the Borough of Swedesboro unless such dog is accompanied by a person and is securely confined and controlled by an adequate leash not more than six feet long.

§ 89-7. Vicious dogs; muzzle requirements; impoundment and redemption; destruction.

[Amended 2-15-1982]
No dog of a vicious nature, whether registered or not, shall be permitted by the owner or persons keeping or harboring said dog to be in or upon any of the streets, highways, alleys or other public places in the Borough of Swedesboro at any time, nor shall it be permitted to trespass upon the property of any other person in said Borough without being safely muzzled, and any such dog so unmuzzled in violation of this section may be impounded or killed by any police official or any other duly appointed peace officer, and such dog may be destroyed at any time not less than 48 hours after its capture, unless the owner shall, before its destruction, reclaim the same and pay the penalty hereinafter provided for the violation of this section and shall immediately muzzle the same as herein provided, and all police officials and other peace officers of the Borough of Swedesboro are hereby empowered, without further appointment or designation, to enforce the provisions of this section.

§ 89-8. Barking and howling; complaints.

[Amended 3-1-2004 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
No person who owns, keeps, harbors or possesses any dog or dogs or cat or cats shall suffer or permit such animal to annoy neighbors and other persons living within the immediate vicinity by continued barking and howling, and whenever complaint shall be made by notifying the Police Department by one or more residents within the Borough of Swedesboro and living within hearing distance of said animal, setting forth that such barking or howling is continued for unreasonable periods of two or more consecutive hours to the annoyance and discomfort of the complainants and their neighbors and families so that it can be established that such barking and howling is a nuisance to the immediate neighborhood, then and in such case the owner shall cause such barking and howling to cease and terminate immediately, and if such barking and howling shall again occur, regardless of its duration, the provisions of this article shall be deemed to have been violated, and the owner shall pay such penalty as may be imposed therefor.

§ 89-9. Injury to property and molesting of persons prohibited.

[Amended 11-19-1990]
No person owning, keeping or harboring a dog or cat shall permit or suffer it to do any injury or do any damage to any lawns, shrubbery, flower grounds or any other property or to molest in any way any person upon a public street or in a public place in the Borough of Swedesboro.

§ 89-10. Authority to enter premises for seizure of dogs and cats.

[Amended 11-19-1990]
Any officer or agent authorized or empowered to perform any duty under this article is hereby authorized to go upon any premises to seize for impounding any dog or dogs or cat or cats which he or she may lawfully seize or impound when such officer is in immediate pursuit of such dog or dogs or cat or cats, except upon the premises of the owner of the dog or cat if said owner is present and forbids the same.

§ 89-11. Interference with enforcement prohibited.

No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.

§ 89-12. Appointment of Animal Control Officer; duties.

The municipal governing body of the Borough of Swedesboro shall have the power to appoint some suitable and fit person or corporation to be known as "Animal Control Officer," and it shall be the duty of such Animal Control Officer, in addition to the implied duties hereby conferred, to carry out the provisions of and enforce this article.

§ 89-13. Violations and penalties.

[Amended 2-15-1982; 3-21-1983; 11-19-1990 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
Except as provided in N.J.S.A. 4:19-15.19, violations of any provisions of this article shall be punishable by one or more of the following: a fine of not more than $2,000, a term of imprisonment of not more than 90 days, or a period of community service not to exceed 90 days.

§ 89-14. Complaints by Board of Health or Borough; service and execution of process.

A. The Municipal Judge on behalf of the Borough of Swedesboro is empowered, upon the filing of a complaint in writing by any person authorized by the local Board of Health, when the complainant is the local Board of Health, or by the Borough Clerk or duly designated Animal Control Officer or other official, when the complainant is the Borough, alleging that a violation of this article has occurred, which complaint may be made upon information and belief, to issue process at the suit of the local Board of Health or of the Borough, as the case may be, as complainant. The process shall be either in the nature of a summons or warrant, which warrant may issue without any order of the court first being obtained against the person so charged, which process, when in the nature of a warrant, shall be returnable forthwith and, when in the nature of a summons, shall be returnable in not less than five nor more than 15 entire days. The process shall state what provisions of this article or of any statute pertaining to the subject matter hereof has been violated by the defendant or defendants. The court having jurisdiction may, at all times, amend all defects and errors in the complaint and process issued hereunder. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. Any officer authorized by law to serve and execute process in the court in which the proceedings are brought hereunder may serve and execute all process in proceedings for violation of this article or of the laws and statutes relating thereto.
C. On the return of process issued pursuant to this section or at any time to which the trial shall be adjourned, the court, without the filing of any pleadings, may proceed to hear the testimony in a summary manner without a jury and give judgment for the complainant for the penalty and costs or for the defendant if the facts warrant an acquittal.

§ 89-15. Seizure and impoundment of dogs and cats running at large; destruction or other disposition.

[Amended 11-19-1990 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
Any dog or cat found running at large upon the streets or other public places within the Borough of Swedesboro or upon property not the property of the owner or person keeping or harboring said dog or cat may be seized by any person appointed for the purpose by the governing body of the municipality and who shall take into custody or cause to be taken into custody and impounded said dog or cat, and, thereafter, said dog or cat may be destroyed or disposed of as provided in N.J.S.A. 4:19-15.16.

§ 89-16. Payment of damages.

[Amended 11-19-1990 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
The governing body of the municipality of Swedesboro is hereby authorized to make payment for damages to or losses of poultry and domestic animals, except dogs and cats, caused by a dog or dogs or a cat or cats, except a dog or dogs or cat or cats being the property of the claimant or in which the claimant has a property right. Payment of said damages shall be made only after said damages have been established as set forth in N.J.S.A. 4:19-5. Any payment by the governing body of the Borough of Swedesboro shall be made only from a special account as provided for in N.J.S.A. 4:19-15.11.

Article II. Pet Solid Waste

[Adopted 2-20-2007 by Ord. No. 12-2007 (Ch. 62, Art. II, of the 1982 Code)]

§ 89-17. Purpose.

This is an article to establish requirements for the proper disposal of pet solid waste in the Borough of Swedesboro, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

§ 89-18. Definitions.

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.
IMMEDIATE
That the pet solid waste is removed at once, without delay.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PET
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.

§ 89-19. Requirement for disposal.

All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.

§ 89-20. Exemptions.

Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.

§ 89-21. Enforcement.

The provisions of this article shall be enforced by the Police Department.

§ 89-22. Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $1,000.

Article III. Feeding of Wildlife

[Adopted 2-20-2007 by Ord. No. 13-2007 (Ch. 62, Art. III, of the 1982 Code)]

§ 89-23. Purpose.

This is an article to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough of Swedesboro, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

§ 89-24. Definitions.

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.
FEED
To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
WILDLIFE
All animals that are neither human nor domesticated.

§ 89-25. Prohibited conduct.

No person shall feed, in any public park or on any other property owned or operated by the Borough of Swedesboro, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).

§ 89-26. Enforcement.

A. This article shall be enforced by the Police Department.
B. Any person found to be in violation of this article shall be ordered to cease the feeding immediately.

§ 89-27. Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $1,000.

Chapter 94. BODY ART

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 6-4-2007 by Ord. No. 19-2007. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 140.

§ 94-1. Purpose.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The purpose of this chapter is to establish requirements for the proper operation of a tattoo parlor in the Borough of Swedesboro so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply. Editor's Note: Original Sec. II, Title, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 94-2. Regulations.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The New Jersey State Sanitary Code, Chapter 8, Body Art Procedures, N.J.A.C. 8:27-1 et seq., shall be used as the standard governing all businesses that offer tattooing, permanent cosmetics, and ear and body piercing to the public with the exception of a physician who is authorized by the State Board of Medical Examiners to practice medicine, pursuant to N.J.S.A. 45:9-6 et seq.

§ 94-3. Enforcement.

The provisions of the State Sanitary Code shall have the force and effect of law. Under the authority of N.J.S.A. 26:1A-9, the provisions are enforceable by the New Jersey State Department of Health and Senior Services and the county departments of health.

§ 94-4. License to operate; fee.

A. Excluding any other licensing requirements provided by the state and/or local county health agency and/or department, it shall be unlawful for any purpose to operate a body art business without first obtaining a license from the Borough of Swedesboro Board of Health to engage in such business in accordance with the provisions of this chapter.
B. An application for a license shall be accompanied by a fee in the amount as set forth in Chapter 140, Fees. Any change of ownership shall require a new application and a license with payment of fees therefor. Applications shall be filed with the Borough Clerk. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. All local licenses shall expire on the 31st day of December annually.

§ 94-5. Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Unless another penalty is specifically provided elsewhere in the Code or in the law of the state or federal government, any person who violates any provision of this chapter shall, upon conviction, be punished as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty. Each day that such a violation continues shall be deemed a separate offense.

Chapter 99. BUILDINGS, NUMBERING OF

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 4-17-2000 (Ch. 54A of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Uniform construction codes — See Ch. 120.
Land use procedures — See Ch. 200.
Subdivision — See Ch. 290.

§ 99-1. Title.

This chapter shall be known and may be cited as the "Building Numbering Ordinance of the Borough of Swedesboro."

§ 99-2. Purpose.

The purpose of this chapter is to require the clear display of authorized and assigned building numbers in the Borough of Swedesboro in order to assist the general public and emergency services, public and private, in identifying any property in case of emergency or otherwise.

§ 99-3. Applicability.

All residential, commercial or industrial buildings existing or to be placed or erected within the Borough of Swedesboro shall display identification numbers as provided herein and in accordance with the specifications provided herein.

§ 99-4. Determination and assignment of building numbers.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Building numbers shall be determined and assigned by the County Assessor. The owner of any building requiring a building number for which such building such number has not been assigned as of the effective date of this chapter will be notified by the Construction Office when such number is assigned to said building.

§ 99-5. Requirements.

The owner of each and every building which now fronts or which may hereinafter front upon any public or private street that has been assigned a number prior to the effective date of this chapter shall, at his own expense, cause the number assigned to such building to be permanently and conspicuously placed in accordance with the specifications set forth in this chapter. The owner of any building that has not been assigned a number prior to the effective date of this chapter shall, within 30 days after notice of such assigned number, comply with the requirements of this section.

§ 99-6. Specifications.

Building numbers shall be reflective Arabic numbers, 3 1/2 inches in height, and mounted in a secure fashion to a post, step, building or dwelling as required by this chapter.

§ 99-7. Location of post and placing of numbers.

The owner shall affix the numbers required by this chapter upon a building, dwelling or step so that they will be free from obstruction and equally visible for a reasonable distance to operators of vehicles traveling in either direction along the roadway on which the building fronts, provided that the front of the building or dwelling where the numbers will be mounted is less than 80 feet from the curb of the roadway. If more than 80 feet from the front of the building or dwelling, then a post composed of treated wood, plastic or metal shall be used. The post shall measure at least four inches by four inches by six feet. All posts shall be installed so that they are at least 24 inches, are inserted into the ground and are at least 48 inches above ground. The post shall be installed no less than four feet nor more than three feet from the house side (building side) edge of a driveway, The numbers are to be placed two inches from the top of the post, on at least two sides of the post (as opposed to front and back), so that they will be free from obstruction and equally visible for a reasonable distance to operators of vehicles traveling in either direction along the roadway on which the building fronts.

§ 99-8. Certificate of occupancy.

Any building erected, repaired, altered or modified after the effective date of this chapter shall have the certificate of occupancy withheld until it is determined if it will be assigned a building number, and if a building number is assigned, same will be affixed in accordance with the provisions of this chapter.

§ 99-9. Violations and penalties.

Any person or persons convicted of violation of the provisions of this chapter shall be subject to a fine not to exceed $500 and/or 90 days in jail. Each day the violation occurs shall be deemed a separate violation.

Chapter 105. BUILDINGS, UNSAFE

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 9-4-1984 (Ch. 54 of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Uniform construction codes — See Ch. 120.
Fire prevention — See Ch. 156.

§ 105-1. Purpose and authority.

A. It is hereby found by the Mayor and Council of the Borough of Swedesboro and hereby declared that there exist in the Borough of Swedesboro buildings, parts of buildings, mobile home parks or other facilities which are so old, dilapidated or have become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use and are inimical to the welfare and dangerous and injurious to the health and safety of the people of this Borough and that a public necessity exists for the repair, closing or demolition of such building or buildings, mobile home parks or other facilities or part or parts thereof.
B. Therefore, this chapter is hereby adopted to give this Borough the power, pursuant to N.J.S.A. 40:48-2.5 et seq., to exercise the Borough's police power to repair, close or demolish or cause or require the repairing, closing or demolition of such buildings, mobile home parks or other facilities, or part or parts thereof, or to abate any nuisance or correct any condition in accordance with the terms of N.J.S.A. 40:48-2.12f, g, h, i, j, k and l.

§ 105-2. Enforcing agency.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The Construction Code Official for the Borough of Swedesboro is hereby designated and appointed as the public officer authorized to exercise the powers prescribed in this chapter.

§ 105-3. Procedure.

A. When a petition is filed with the Construction Code Official by the Mayor and Council or by at least five residents of the municipality charging that any building, as defined by N.J.S.A. 40:48-2.4, is unfit for human habitation, occupancy or use, or whenever it appears to the Construction Code Official, on his own motion with notice to the Mayor and Council, that any such building is unfit for human habitation or occupancy or use, the Construction Code Official shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such buildings, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Construction Code Official, or his designated agent, at a place therein fixed, not less than seven days nor more than 30 days after the serving of said complaint. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. The rules of evidence prevailing in the courts shall not be controlling in hearings before the Construction Code Official.
B. If, after such notice of hearing, the public officer determines that the building under construction is unfit for human habitation or use, he shall state, in writing, his findings of fact in support of such determination and shall issue or cause to be served upon the owner thereof or the parties in interest an order:
(1) Requiring the repair, alteration or improvement of said building to be made by the owner within a reasonable time, which time shall be set forth in the order, or at the option of the owner to vacate or have said building vacated and closed within the times set forth in the order.
(2) That if the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve the said building within the time specified in the order, then the owner shall be required to remove or demolish said building within a reasonable time as specified in said order of removal.
C. If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Construction Code Official may cause such building to be repaired, altered or improved, or to be vacated and closed. The Construction Code Official may cause to be posted, on the main entrance of any building so closed, a placard with the following words: "This building is unfit for human habitation, occupancy or use; the use or occupation of this building is prohibited and unlawful."
D. If the owner fails to comply with an order to remove or demolish the building, the Construction Code Official may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
E. If the owner fails to comply with an order to repair, alter or improve and the owner elects not to comply with the order or to vacate or cause to be vacated the said premises, the Construction Code Official may proceed with the §§ 105-9 and 105-10 set forth below.

§ 105-4. Costs to become lien.

All costs to the municipality (expert witness fees, search fees and advertising charges, repairs, alterations or improvements or vacating and closing or removal or demolition) shall become municipal liens against the real property upon which the costs were incurred in accordance with the provisions of N.J.S.A. 40:48-2.5f.

§ 105-5. Standards.

The Construction Code Official may determine that a building is unfit for human habitation, occupancy or use if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the Borough of Swedesboro. Such conditions may include but are not limited to defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; and uncleanliness.

§ 105-6. Service of complaint or order.

Complaints or orders issued by the Construction Code Official pursuant to this chapter shall be served upon persons either by registered mail; or, if the whereabouts of such person is unknown and the same cannot be ascertained by the Construction Code Official in the exercise of reasonable diligence and the Construction Code Official shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same one time in The Gloucester Times. A copy of said complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded or lodged for record with the County Clerk of Gloucester County.

§ 105-7. Injunctive relief.

Any person aggrieved by an order issued by the Construction Code Official under this chapter may, within 30 days after the posting and service of such order, bring an action for injunctive relief to restrain the Construction Code Official from carrying out the provisions of the order, in accordance with the provisions of N.J.S.A. 40:48-2.8. The remedy herein provided shall be exclusive, and no person affected by an order of the Construction Code Official shall be entitled to recover any damages for action taken pursuant thereto, or because of noncompliance by any person with any order of the Construction Code Official.

§ 105-8. Additional powers of Construction Code Official.

The Construction Code Official may exercise the following powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to those already granted under this chapter:
A. To investigate the building conditions in the municipality in order to determine which buildings therein are unfit for human habitation, occupancy or use.
B. To administer oaths and affirmations, examine witnesses and receive evidence.
C. To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
D. To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this chapter.
E. To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.

§ 105-9. Authorization to abate nuisance; lien.

The Mayor and Council of the Borough of Swedesboro, by resolution, may authorize the Construction Code Official to abate a nuisance, correct a defect or put the premises in proper condition so as to comply with the requirements of any Borough ordinance or state law applicable thereto, at the cost of the owner or lessor, and expend municipal funds for such purposes and charge the same against the premises, and the amount thereof, as determined by the Mayor and Council of the Borough of Swedesboro, shall be a lien against the premises.

§ 105-10. Appointment of custodian; receivership action.

A. The Mayor and Council may, by resolution, appoint a custodian of any such building, structure or premises on behalf of the municipality, who may be either an officer of the municipality or any other person specially designated to enter into and take charge of the premises and supervise abatement of the nuisance, the correction of the defective condition or the maintenance of the premises in a proper condition so as to conform to the requirements of all municipal ordinances and state laws applicable thereto.
B. If the custodian is some person other than a full-time employee of the Borough of Swedesboro, he shall be paid an hourly rate equal to those Borough employees paid by the Annual Salary Ordinance receiving the highest hourly rate. The costs and expenses of said custodian shall be collectible by the municipality from the owner or lessor of the premises as provided in this chapter.
C. In the event that any owner of a building or structure or premises in the municipality shall violate the provisions of this chapter, or fail to abate a condition harmful to the health and safety of the occupants of the premises and the general public in the municipality after notice and opportunity to do so, the Construction Code Official may, by and with the approval of the Mayor and Council of the Borough of Swedesboro, bring an action in the Superior Court to be appointed receiver ex officio of the rents and income of such real property for the purpose of collecting the rents and income from such property and expend the same for purpose of abating said conditions. Said rents and income so collected by the receiver shall also be available for the payment of such costs and expenses of the receivership, as may be adjudged by the court, and for the payment to the municipality of any fines or penalties which may have been imposed on the owner for violations of this chapter and which have not been paid by the person liable therefor. Such receiver shall not be required to give bond and shall be appointed only for said purpose.
D. Upon his appointment, the receiver, by and with the approval of the governing body of the Borough of Swedesboro in all cases where the property in question is encumbered by a first mortgage, shall appoint such first mortgagee, if such mortgagee is a proper person and is willing to accept such appointment, as the receiver's agent to collect the rents and income from such real property and manage the same, and in all other cases the receiver, by and with the approval of the Mayor and Council of the Borough of Swedesboro, may designate the person in charge or management of such real property or such other competent person as the receiver's agent to collect the rents and income from such real property and manage the same, which mortgagee or other person shall account promptly to the receiver for the rents and income so collected; provided, however, that if the mortgagee or other person so designated is derelict in collecting or accounting for such rents and income or in the management of such real property, the receiver shall apply to the court for the removal of such designated mortgagee or other person, upon notice in writing to him, and the court, upon removing such designated mortgagee or other person, in its discretion, may designate another person to collect the rents and income from such real property and manage the same and account to the receiver for the rents and income of such real property as aforesaid.
E. In any such receivership, no fees shall be allowed the receiver, or his counsel, for actions as such receiver or counsel.

Chapter 110. VEHICLES AND TRAFFIC

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 2-15-1982 Editor's Note: The ordinance adopted on said date was approved by the Department of Transportation 7-15-1982. (Ch. 110 of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Streets and sidewalks — See Ch. 285.
Abandoned vehicles — See Ch. 321.

Article I. General Provisions

§ 110-1. Definitions.

Whenever any words and phrases are used in this chapter, the meanings respectively ascribed to them in Subtitle 1 of Title 39 of the Revised Statutes of New Jersey shall be deemed to apply to such words and phrases used herein.

§ 110-2. Repealer.

All former traffic ordinances of the Borough of Swedesboro are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this chapter.

§ 110-3. Severability.

If any part or parts of this chapter are held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter.

§ 110-4. Violations and penalties.

[Amended 3-21-1983]
Unless another penalty is expressly provided by New Jersey statute, every person convicted of a violation of a provision of this chapter or any supplement thereto shall be liable to a penalty of not less than $10 nor more than $50 or imprisonment not exceeding 15 days, or both.

Article II. Parking

§ 110-5. Regulations not exclusive.

The provisions of this article imposing a time limit on parking shall not relieve any person of the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles as set forth in N.J.S.A. 39:4-138, any other New Jersey statute or as hereinafter provided.

§ 110-5.1. Handicapped parking.

[Added 4-18-1994]
A. Parking spaces reserved for the handicapped. In all areas of the Borough of Swedesboro which are open to the public or to which the public is invited, no person shall park any vehicle at any time in any parking space which is marked and/or signed as a reserved space for handicapped persons, unless the driver or a passenger in said vehicle is actually handicapped and such vehicle bears a certificate, insignia or license plate issued by the Director of the Division of Motor Vehicles for handicapped persons.
B. Violations and penalties. Each and every violation of this section, upon conviction thereof, shall be liable to a fine of $250 for the first offense, and for subsequent offenses a fine of not less than $250 and/or 90 days' community service on such terms and in such forms as the court shall deem appropriate, or any combination thereof.
[Amended 8-20-2007 by Ord. No. 25-2007]
C. A parking space shall be designated as reserved for the handicapped on Broad Street in the approximate area of 415 Broad Street. This space shall be considered reserved for the handicapped and no person shall park there in accordance with § 110-5.1A.
[Added 9-4-2007 by Ord. No. 26-2007]

§ 110-5.2. (Reserved)

Editor's Note: Original § 110-5.2, Trailers and temporary dwellings, has been moved to Ch. 315, Trailers.

§ 110-5.3. Resident on-street handicapped parking.

[Added 10-1-2007 by Ord. No. 27-2007]
A. Purpose. Pursuant to N.J.S.A. 39:4-197.6, any municipality may by ordinance establish a restricted parking zone in front of a residence occupied by a handicapped person if a windshield placard or wheelchair symbol license plate has been issued for a vehicle owned by the handicapped person, or by another occupant of the residence who is a member of the immediate family of the handicapped person, by the Division of Motor Vehicles pursuant to the provisions of N.J.S.A. 39:4-204 et seq., provided the permitting thereof would not interfere with the normal flow of traffic.
B. Application for on-street handicapped parking space; procedure.
(1) All residents requesting the issuance of a designated on-street handicapped parking space in the Borough of Swedesboro must complete and file a formal application with the Police Department.
(2) The application shall require the applicant to provide the following documentation:
(a) The applicant must possess a disabled person identification card issued by the New Jersey Division of Motor Vehicles.
(b) The applicant must furnish to the Police Department a valid motor vehicle registration for the vehicle requiring the space and, if the applicant is the vehicle operator, a valid motor vehicle operator license.
(c) The applicant may request a designated handicapped parking space only for the applicant's place of residence.
(d) If the applicant is not the owner of the property at which the handicapped parking space is to be designated, a written statement from the property owner must be submitted to the Police Department stating that the owner has no objection to the restriction of parking in front of the property. Said written statement may not be reasonably withheld by the property owner.
(3) The completed application, together with the required documentation as required in Subsection B(2), shall be filed with the Police Department and shall constitute a request for a designated restricted handicapped parking space.
(4) The Police Department shall approve or deny requests for the issuance of designated restricted handicapped parking spaces on the basis of the standards set forth in Subsection D of this section.
C. Grounds for denial of application. Notwithstanding an applicant's compliance with Subsection C above, an application for handicapped parking space shall be denied if:
(1) Pursuant to applicable state or municipal law, the parking of motor vehicles is prohibited at the location of the requested handicapped parking space or the permitting of such parking would interfere with the normal flow of traffic;
(2) The applicant or handicapped person is the owner of the property at which the space is to be designated and has reasonable access to a driveway on the property or reasonable access to some other area of the property which may permit the transport of the handicapped person;
(3) The applicant is not the operator of the vehicle for which the handicapped parking space is required unless the State of New Jersey, Division of Motor Vehicles has issued the applicant a windshield placard or wheelchair symbol license plates for a vehicle owned by the handicapped person or owned by another occupant of the residence who is a member of the immediate family of the handicapped person; or
(4) The applicant resides, either as a tenant or an owner, in a housing complex which provides off-street parking and has reasonable access to said parking and an on-site handicapped parking space has been provided by the owner of the housing complex.
D. Approval; ordinance designating on-street handicapped parking space.
(1) Upon approval of an applicant's request for resident handicapped on-street parking, the Borough of Swedesboro will enact an appropriate ordinance pursuant to N.J.S.A. 39:4-197.6 designating the name of the subject street, the side of that street where the resident resides, and a description of the allowed parking area in front of the subject residence. Such designation shall be within the property lines of the subject residence, but otherwise shall be subject to the discretion of the Chief of Police.
(2) Upon the designation of an on-street handicapped parking space, said space will be marked by signs indicating handicapped parking space. The markings will conform with the Manual on Uniform Traffic Control Devices for Street and Highways for the NJDOT and shall include the penalty notification sign as required by NJDMV.
E. Notice of approval of space; annual notification of Borough regarding continued need of space.
(1) Upon approval of a request for a designated handicapped parking space and passage of an ordinance by the Borough Council of the Borough of Swedesboro designating said space, the applicant shall receive a letter notifying the applicant that the space has been so designated and that it is the applicant's responsibility to notify the Police Department in the event that the designated handicapped parking space is no longer required.
(2) Annually by January 15 of each year written notice shall be sent by the applicant to the Police Department on forms provided by the Borough indicating that a valid and continued need for the handicapped parking space exists. In the event that such notices are not received within 30 days of January 15, the handicapped parking space sign at that location shall be removed and a resolution or ordinance will be presented to the Borough Council to repeal the designated handicapped parking space.
F. Applicability. The provisions of this section shall apply to all on-street designated handicapped parking spaces created within the Borough of Swedesboro except that handicapped parking spaces requested for general public use by public buildings, including but not limited to businesses, schools and hospitals, are not subject to the renewal provision of this section.
G. Violations and penalties. Any person improperly parking in a properly designated resident handicapped restricted parking space shall be subject to the penalties under N.J.S.A. 39:4-203 and 39:4-207.7.

§ 110-6. Parking prohibited at all times.

No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule I (§ 110-31), attached to and made a part of this chapter.

§ 110-7. Parking prohibited during certain hours.

No person shall park a vehicle between the hours specified in Schedule II (§ 110-32) of any day (except Sundays and public holidays) upon any of the streets or parts of streets described in said Schedule II, attached to and made a part of this chapter.

§ 110-8. Stopping or standing prohibited.

No person shall stop or stand a vehicle during the times specified in Schedule III (§ 110-33) of any day (except Sundays and public holidays) upon any of the streets or parts of streets described in said Schedule III, attached to and made a part of this chapter.

§ 110-9. Limited time parking.

No person shall park a vehicle for longer than the time limit shown in Schedule IV (§ 110-34) at any time between the hours listed in said Schedule IV of any day (except Sundays and public holidays) upon any of the streets or parts of streets described in Schedule IV, attached to and made a part of this chapter.

§ 110-10. Angle parking.

No person shall park a vehicle upon any of the streets or parts thereof described in Schedule V (§ 110-35), attached to and made a part of this chapter, except at the angle designated and only within the painted white stall lines.

Article III. Truck Exclusions

§ 110-11. Trucks over four tons excluded.

Trucks over four tons' gross weight are hereby excluded from the streets or parts of streets described in Schedule VI (§ 110-36), except for the pickup and delivery of materials on such streets, said Schedule VI being attached to and made a part of this chapter.

Article IV. One-Way Streets

§ 110-12. One-way streets designated.

The streets or parts of streets described in Schedule VII (§ 110-37), attached to and made a part of this chapter, are hereby designated as one-way streets in the direction indicated.

Article V. Stop and Yield Intersections

§ 110-13. Through streets designated.

Pursuant to the provisions of N.J.S.A. 39:4-140, the streets or parts of streets described in Schedule VIII (§ 110-38), attached to and made a part of this chapter, are hereby designated as through streets. Stop signs shall be installed on the near right side of each street intersecting the through street except where yield signs are provided for in the designations.

§ 110-14. Stop intersections designated.

Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described in Schedule IX (§ 110-39), attached to and made a part of this chapter, are hereby designated as stop intersections. Stop signs shall be installed as provided therein.

§ 110-15. Yield intersections designated.

Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described in Schedule X (§ 110-40), attached to and made a part of this chapter, are hereby designated as yield intersections. Yield signs shall be installed as provided therein.

Article VI. Special Zones and Areas

§ 110-16. Loading zones designated.

The locations described in Schedule XI (§ 110-41), attached to and made a part of this chapter, are hereby designated as loading zones.

§ 110-17. (Reserved)

Editor's Note: Original § 110-17, Taxi stands designated, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 110-18. Bus stops designated.

The locations described in Schedule XIII (§ 110-43), attached to and made a part of this chapter, are hereby designated as bus stops.

Article VII. Turn Prohibitions and Lane Reservations

§ 110-19. U-turns.

No person shall make a U-turn on any of the streets or parts of streets described in Schedule XIV (§ 110-44), attached to and made a part of this chapter.

§ 110-20. Turns at intersections.

No person shall make a turn of the kind designated (left, right, all) at any of the locations described in Schedule XV (§ 110-45), attached to and made a part of this chapter.

§ 110-21. Lane use reservations.

The lane locations described in Schedule XVI (§ 110-46), attached to and made a part of this chapter, are designated as lane use reservations, and traffic shall move only as indicated.

Article VIII. Emergency No Parking

§ 110-22. Designation of snow emergency no-parking areas.

A. Whenever snow has fallen and the accumulation is such that it covers the street or highway, no vehicle shall be parked on either side of any of the streets or parts thereof described in Schedule XVII (§ 110-47), attached to and made a part of this chapter.
B. The above parking prohibitions shall remain in effect after the snow has ceased until the streets have been plowed sufficiently and to the extent that parking will not interfere with the normal flow of traffic.

§ 110-23. Posting of signs.

A. Upon the declaration of an emergency, there shall be no parking upon streets or sections of streets where temporary emergency no-parking signs are displayed. The Chief of Police, or in his absence the ranking police officer, is authorized to declare an emergency and to direct the posting of said emergency no-parking signs when weather conditions, accidents, fires or public celebrations dictate or require the avoidance of hazards or other conditions which interfere with the free flow of traffic.
B. Notification that the emergency no-parking signs are being or will be posted shall be given to the operator or owner of any vehicle which has been parked prior to the posting of the signs.

§ 110-24. Removal of vehicles.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Any unoccupied vehicle parked or standing in violation of this article shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any police officer may provide for the removal of such vehicle. The owner shall pay the reasonable costs of the removal and storage which may result from such removal before regaining possession of the vehicle.

§ 110-25. Effectiveness of article.

The effectiveness of this article is contingent on signs being erected as required by law.

Article IX. Speed Limits

§ 110-26. Limits established.

The speed limit for both directions of traffic along the streets or parts thereof described in Schedule XVIII (§ 110-48), attached to and made a part of this chapter, is hereby established at the rate of speed indicated.

§ 110-27. Posting of signs.

Regulatory and warning signs shall be erected and maintained to effect the above-designated speed limits as authorized by the Department of Transportation.

Article X. Traffic Control Signals

§ 110-28. Traffic signals established.

Traffic control signals shall be installed and operated at the intersection of those streets described in Schedule XIX (§ 110-49), attached to and made a part of this chapter.

§ 110-29. Installation of signals.

The traffic signal installation shall be in accordance with the provisions of An Act Concerning Motor Vehicles and Traffic Regulations, Subtitle 1 of Title 39 of the Revised Statutes, shall conform to the design and shall be maintained in operation as authorized by the Department of Transportation of the State of New Jersey.

Article XI. No-Passing Zones

§ 110-30. No-passing zones established.

No-passing zones are hereby established and maintained along those streets or parts of streets described in Schedule XX (§ 110-50), attached to and made a part of this chapter, as authorized by the New Jersey Department of Transportation in accordance with the sketch dated and numbered as indicated.

Article XIA. Traffic Restrictions

[Added 11-21-2011 by Ord. No. 12-2011]

§ 110-30.1. Restricted traffic areas.

The traffic restrictions described in Schedule XXI (§ 110-51), attached to and made a part of this chapter, are designated as restricted traffic areas, and traffic shall move only as indicated.

Article XII. Schedules

§ 110-31. Schedule I: No Parking.

[Amended 5-7-1990]
In accordance with the provisions of § 110-6, no person shall park a vehicle at any time upon any of the following described streets or parts of streets:
Name of Street
Side
Location
Allen Street
South
From Kings Highway to Second Street
Ashton Avenue
Both
From Kings Highway to Second Street
Auburn Avenue
East
From the south curbline of Grant Street as extended over Kings Highway to Mechanic Street
Auburn Avenue
West
From the south curbline of Grant Street to the Borough line
Broad Street
South
From 103 feet east of Helms Avenue east for 67 feet
Church Street
North
From Third Street to the east curbline of Glass Street as extended over Church Street
Church Street
South
From Kings Highway to Second Street
Fow Avenue
[Added 4-16-2001]
West
From Helms Avenue to Leahy Avenue
Franklin Street
North
From Kings Highway east for 40 feet and from 195 feet east of Kings Highway for 100 feet
Franklin Street
South
From Kings Highway east for 40 feet
Franklin Street
South
From Lake Avenue east to the Borough line
Glen Echo Avenue
South
From Kings Highway to the Borough line
Grant Avenue
North
From Kings Highway west for 178 feet
Grant Avenue
South
From Kings Highway to Second Street
Kings Highway
East
From Glen Echo Avenue south for 82 feet
Kings Highway
East
From Lake Avenue north for 84 feet
Kings Highway
East
From Lake Avenue south for 85 feet
Kings Highway
West
From Railroad Avenue north for 26 feet
Kings Highway
West
From the extended north curbline of Grant Street south for 156 feet
Lake Avenue
North
From 25 feet west of the extended west curbline of Park Avenue west for 120 feet
Lake Avenue
South
From Kings Highway to Franklin Street
Mechanic Street
North
From Kings Highway to Auburn Avenue
Railroad Avenue
South
From Kings Highway to Third Street
Second Street
West
From Railroad Avenue north for 410 feet
Styvesant Drive
[Added 4-16-2001]
East
From 221 feet north of the center line of Franklin Street to 398 feet north from the center line of Franklin Street
Styvesant Drive
[Added 4-16-2001]
West
From 115 feet south of the center line of Glen Echo Avenue to 179 feet south from Glen Echo Avenue
Third Street
Both
From Broad Street south for 337 feet
Third Street
West
From Church Street to Water Street
Waterview Court
[Added 12-20-2010 by Ord. No. 13-2010]
Both
Entire length

§ 110-32. Schedule II: No Parking Certain Hours.

In accordance with the provisions of § 110-7, no person shall park a vehicle between the hours listed upon any of the following described streets or parts of streets:
Name of Street
Side
Hours/Days
Location
Auburn Avenue
Both
8:00 a.m. to 4:00 p.m., school days
From 362 feet north of Locke Avenue north for 430 feet (in front of the Margaret Clifford School)
Kings Highway
Both
1:00 a.m. to 5:00 a.m.
From Glen Echo Avenue south for 2,070 feet (United States Post Office)
Kings Highway
West
8:00 a.m. to 4:00 p.m., school days
From 54 feet north of Ashton Avenue north for 132 feet (in front of Saint Joseph School)
Kings Highway
West
8:00 a.m. to 4:00 p.m., school days
From 129 feet north of Bridgeport Avenue north for 265 feet (in front of Walter Hill School)
Railroad Avenue
[Added 2-1-1999]
North
9:00 a.m. to 6:30 p.m., Monday to Friday
From 114 feet west of Kings Highway
Second Street
East
8:00 a.m. to 4:00 p.m., school days
From Ashton Avenue north for 200 feet (rear of Saint Joseph's property)

§ 110-33. Schedule III: No Stopping or Standing.

In accordance with the provisions of § 110-8, no person shall stop or stand a vehicle between the times specified upon any of the following described streets or parts of streets:
Name of Street
Side
Hours/Days
Location
(Reserved)

§ 110-34. Schedule IV: Time Limit Parking.

In accordance with the provisions of § 110-9, no person shall park a vehicle for longer than the time limit shown upon any of the following streets or parts of streets:
Time Limit; Name of Street
Side
Hours/Days
Location
Kings Highway
Both
15 minutes; 8:00 a.m. to 6:00 p.m.
From 161 feet south of Auburn Avenue south for 100 feet
Kings Highway
Both
2 hours; 9:00 a.m. to 6:00 p.m.
From Lake Avenue to Church Street
Kings Highway
East
15 minutes; 8:00 a.m. to 6:00 p.m.
From 512 feet north of Franklin Street north for 21 feet
Kings Highway
East
15 minutes; 8:00 a.m. to 6:00 p.m.
From 657 feet north of Franklin Street north for 21 feet
Kings Highway
East
15 minutes; 8:00 a.m. to 6:00 p.m.
From 175 feet north of Lake Avenue north for 37 feet
Kings Highway
West
15 minutes; 8:00 a.m. to 6:00 p.m.
From 90 feet south of Allen Street south for 66 feet
Kings Highway
West
15 minutes; 8:00 a.m. to 6:00 p.m.
From 84 feet south of Ashton Avenue south for 57 feet
Kings Highway
West
15 minutes; 7:00 a.m. to 7:00 p.m.
From 112 feet north of Lake Avenue north for 100 feet

§ 110-35. Schedule V: Angle Parking.

In accordance with the provisions of § 110-10, no person shall park a vehicle upon any of the following streets or parts of streets except at the angle indicated:
Name of Street
Side
Angle
(degrees)
Location
(Reserved)

§ 110-36. Schedule VI: Trucks Over Four Tons Excluded.

[Amended 3-7-1988]
In accordance with the provisions of § 110-11, trucks over four tons' gross weight are hereby excluded from the following described streets or parts of streets except for the pickup and delivery of materials on such streets:
Name of Street
Location
Allen Street
Entire length
Anderson Avenue
Entire length
Bridgeport Avenue
[Added 6-7-2004]
Entire length
Chestnut Street
Entire length
Colon Street
[Repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
East Avenue
Entire length
Franklin Street
From Kings Highway to Lake Avenue
Fullerton Avenue
[Repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
General Harker Lane
[Added 6-7-2004]
Entire length
Grant Avenue
From Auburn Avenue to Second Street
Lakeview Drive
Entire length
Leahy Avenue
[Added 6-7-2004]
Entire length
Maybrook Avenue
Entire length
Mayhew Avenue
Entire length
Mechanic Street
Entire length
Merkling Street
Entire length
Park Avenue
Entire length
Poplar Street
Entire length
Redrow Avenue
Entire length
Richardson Avenue
[Added 6-7-2004]
From Auburn Avenue to Second Street
Second Street
[Added 6-7-2004]
From Water Street to Church Street
South Street
Entire length
Styvestant Drive
[Added 6-7-2004]
Entire length
Third Street
[Added 6-7-2004]
From Church Street to Water Street
Third Street
[Added 6-7-2004]
From Railroad Avenue to Broad Street
Thompson Avenue
Entire length
Turner Avenue
Entire length
Valley Glen Court
[Added 6-7-2004]
Entire length
Valley Glen Drive
[Added 6-7-2004]
Entire length
Vanneman Avenue
Entire length
Water Street
[Added 6-7-2004]
Entire length
Weatherby Avenue
Entire length
West Avenue
Entire length

§ 110-37. Schedule VII: One-Way Streets.

In accordance with the provisions of § 110-12, the following described streets or parts of streets are hereby designated as one-way streets in the direction indicated:
Name of Street
Direction of Travel
Limits
Allen Street
West
From Kings Highway to Second Street
Franklin Street
East
From Kings Highway to Lake Avenue
Grant Street
West
From Kings Highway to Second Street
Poplar Street
East
From Auburn Avenue to Kings Highway

§ 110-38. Schedule VIII: Through Streets.

In accordance with the provisions of § 110-13, the following described streets or parts of streets are hereby designated as through streets. Stop signs shall be installed on the near right side of each street intersecting the through street except where yield signs are provided for in the designations:
Name of Street
Limits
Broad Street
From Locke Avenue to Second Street
Church Street
From Kings Highway to the Borough line
Helms Avenue Railroad Avenue
From Broad Street to Kings Highway
Leahy Avenue
From Broad Street to Guest Avenue
Second Street
From Locke Avenue to Railroad Avenue
Second Street
From Railroad Avenue to Church Street

§ 110-39. Schedule IX: Stop Intersections.

In accordance with the provisions of § 110-14, the following described intersections are hereby designated as stop intersections:
Intersection
Stop Sign On
Allen Street and Third Street
Third Street
Anderson Avenue and Helms Avenue
[Added 12-19-2011 by Ord. No. 13-2011]
All three corners
Bridgeport Avenue and Mayhew Avenue
Mayhew Avenue
Broad Street and Helms Avenue
[Added 11-21-2011 by Ord. No. 12-2011]
All three corners
Broad Street and Leahy Avenue
[Added 11-21-2011 by Ord. No. 12-2011]
All three corners
Broad Street and Weatherby Avenue
[Added 11-21-2011 by Ord. No. 12-2011]
All four corners
Church Street and Second Street
[Added 7-19-2010 by Ord. No. 10-2010]
All four corners
East Avenue and Thompson Avenue
[Amended 8-6-2012 by Ord. No. 10-2012]
All three corners
Guest Avenue and Helms Avenue
[Added 12-19-2011 by Ord. No. 13-2011]
All three corners
Guest Avenue and Leahy Avenue
[Amended 12-19-2011 by Ord. No. 13-2011]
All three corners
Leahy Avenue and Anderson Avenue
[Added 12-19-2011 by Ord. No. 13-2011]
All four corners
Leahy Avenue and Fow Avenue
[Added 12-19-2011 by Ord. No. 13-2011]
All four corners
Leahy Avenue and Vanneman Avenue
[Added 12-19-2011 by Ord. No. 13-2011]
All four corners
Leahy Avenue and Weatherby Avenue
[Added 12-19-2011 by Ord. No. 13-2011]
All four corners
Mayhew Avenue and Turner Avenue
Turner Avenue
Park Avenue and East Avenue
East Avenue
Park Avenue and Thompson Avenue
[Amended 8-6-2012 by Ord. No. 10-2012]
All three corners
Railroad Avenue and Second Street
[Added 8-20-2007 by Ord. No. 25-2007]
Both sides of Railroad Avenue and Second Street
Second Street and Ashton Avenue
[Added 8-6-2012 by Ord. No. 10-2012]
All three corners
Second Street and Broad Street
[Added 8-6-2012 by Ord. No. 10-2012]
All three corners
Second Street and Grant Avenue
[Added 8-6-2012 by Ord. No. 10-2012]
All four corners
Second Street and Richardson Avenue
[Added 8-6-2012 by Ord. No. 10-2012]
All four corners
Third Street and Colon Street
Colon Street
Third Street and Railroad Avenue
[Added 12-19-2011 by Ord. No. 13-2011]
All four corners
Third Street and Vanneman Avenue
[Added 11-21-2011 by Ord. No. 12-2011]
All four corners
Vanneman Avenue and Helms Avenue
[Added 12-19-2011 by Ord. No. 13-2011]
All four corners
Water Street and Hiles Alley
Hiles Alley
Weatherby Avenue and Helms Avenue
[Added 12-19-2011 by Ord. No. 13-2011]
All four corners
West Avenue and Bridgeport Avenue
Bridgeport Avenue

§ 110-40. Schedule X: Yield Intersections.

In accordance with the provisions of § 110-15, the following described intersections are hereby designated as yield intersections and yield signs shall be installed as follows:
Intersection
Yield Sign On
(Reserved)

§ 110-41. Schedule XI: Loading Zones.

In accordance with the provisions of § 110-16, the following described locations are hereby designated as loading zones:
Name of Street
Side
Location
Kings Highway
West
From 69 feet north of Allen Street north for 50 feet

§ 110-42. (Reserved)

Editor's Note: Original § 110-42, Schedule XII: Taxi Stands, was deleted 2-6-2012 by Ord. No. 1-2012.

§ 110-43. Schedule XIII: Bus Stops.

[Amended 5-17-1999]
In accordance with the provisions of § 110-18, the following described locations are hereby designated as bus stops:
Name of Street
Side
Location
Kings Highway
East (northbound)
Between Bridgeport Avenue and Mechanic Street (midblock) (prolongation) beginning 365 feet north of the prolongation of the northerly curbline of Bridgeport Avenue and extending 135 feet northerly therefrom
Kings Highway
East (northbound)
Church Street (near side) (prolongation) beginning at the prolongation of the southerly curbline of Church Street and extending 105 feet southerly therefrom
Kings Highway
East (northbound)
Lake Avenue (far side) beginning at the northerly curbline of Lake Avenue and extending 100 feet northerly therefrom
Kings Highway
[Added 12-1-2003]
East (northbound)
Lore Drive (near side) beginning at the southerly curbline of Lore Drive and extending 105 feet southerly therefrom
Kings Highway
East (northbound)
Poplar Avenue (near side) (prolongation) beginning at the prolongation of the southerly curbline of Poplar Avenue and extending 105 feet southerly therefrom
Kings Highway
East (northbound)
Turner Avenue (near side) (prolongation) beginning at the prolongation of the southerly curbline of Turner Avenue and extending 105 feet southerly therefrom
Kings Highway
West (southbound)
Between Bridgeport Avenue and Mechanic Street (midblock) beginning 415 feet north of the northerly curbline of Bridgeport Avenue and extending 135 feet northerly therefrom
Kings Highway
West (southbound)
Between Church Street and Glen Echo Avenue (midblock) beginning 30 feet north of the northerly curbline of Church Street and extending 135 feet northerly therefrom
Kings Highway
West (southbound)
Ferry Road (near side) beginning at the northerly curbline of Ferry Road and extending 105 feet northerly therefrom
Kings Highway
West (southbound)
Poplar Avenue (near side) beginning at the northerly curbline of Poplar Avenue and extending 105 feet northerly therefrom
Kings Highway
West (southbound)
Railroad Avenue (near side) beginning at the northerly curbline of Railroad Avenue and extending 105 feet northerly therefrom
Kings Highway
West (southbound)
Turner Avenue (near side) beginning at the northerly curbline of Turner Avenue and extending 105 feet northerly therefrom
Kings Highway
[Repealed 12-1-2003]
Kings Highway
[Added 12-1-2003]
West (southbound)
Lore Drive (near side) beginning at the prolongation of the northerly curbline of Lore Drive and extending 105 feet northerly therefrom

§ 110-44. Schedule XIV: U-Turn Prohibitions.

In accordance with the provisions of § 110-19, no person shall make a U-turn at any of the following locations:
Name of Street
Location
Kings Highway
From Railroad Avenue to Church Street

§ 110-45. Schedule XV: Prohibited Turns at Intersections.

In accordance with the provisions of § 110-20, no person shall make a turn of the kind designated below at any of the following locations:
Name of Street
Direction of Travel
Prohibited Turn
At Intersection of
Lake Avenue
[Added 4-16-2001]
West
Trucks weighing 5 tons or greater are prohibited from making a right turn onto Kings Highway
Lake Avenue and Kings Highway
Lake Avenue
[Added 10-15-2007 by Ord. No. 28-2007]
West
No left turn between 7:00 a.m. and 9:00 a.m.
Lake Avenue and Park Avenue

§ 110-46. Schedule XVI: Lane Use Reservations.

In accordance with the provisions of § 110-21, all vehicles shall move as described below:
Intersection (Location)
Lane Reserved
Purpose
(Reserved)

§ 110-47. Schedule XVII: Snow Emergency No-Parking Areas.

[Amended 1-20-1998]
A. Pursuant to the provisions of § 110-22, no person shall park a vehicle upon either side of any of the streets or parts of streets thereof listed below, whenever snow has fallen and the accumulation is such that it covers the street or highway:
Name of Street
Location
Kings Highway (CR 551/CR 605)
From Center Square Road (CR 620) to Glen Echo Road (CR 530)
B. The above parking prohibition shall remain in effect after the snow has ceased, until the streets have been plowed sufficiently and to the extent that parking will not interfere with the normal flow of traffic.
C. Violations of provisions of this section shall cause the motor vehicle to be towed and removed from the roadway at the cost of the owner of said vehicle.

§ 110-48. Schedule XVIII: Speed Limits.

Pursuant to the provisions of § 110-26, speed limits are hereby established upon the following described streets or parts of streets:
Name of Street
Speed Limit
(mph)
Location
(Reserved)

§ 110-49. Schedule XIX: Traffic Control Signals.

In accordance with the provisions of § 110-28, traffic control signals shall be installed at the following described intersections:
Intersection
(Reserved)

§ 110-50. Schedule XX: No-Passing Zones.

In accordance with the provisions of § 110-30, no-passing zones are hereby established and shall be maintained upon the following described streets or parts of streets:
Name of Street
Sketch Dated
Sketch Number
(Reserved)

§ 110-51. Schedule XXI: Restricted Traffic Areas.

[Added 11-21-2011 by Ord. No. 12-2011]
In accordance with the provisions of § 110-30.1, restricted traffic areas are hereby established and shall be maintained upon the following described streets or parts of streets:
Name of Street
Restriction
Mayhew Avenue
[Added 6-3-2013 by Ord. No. 10-2013]
No through traffic; local traffic only
Park Avenue by Lake Narriticon Dam
Park and cemetery traffic only
South Avenue (west side of Kings Highway)
[Added 6-3-2013 by Ord. No. 10-2013]
No through traffic; local traffic only
Turner Avenue
[Added 6-3-2013 by Ord. No. 10-2013]
No through traffic; local traffic only
West Avenue
[Added 6-3-2013 by Ord. No. 10-2013]
No through traffic; local traffic only

Chapter 116. CHECKS, RETURNED

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 8-18-1997 (Ch. 55 of the 1982 Code). Amendments noted where applicable.]

§ 116-1. Service charge.

Pursuant to N.J.S.A. 40:5-18, the imposition of a service charge in the amount of $20 per check or other written instrument will be added to any account owing the Borough of Swedesboro if payment tendered on the account was by check or other written instrument which was returned for insufficient funds.

Chapter 120. CONSTRUCTION CODES, UNIFORM

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 2-7-1977 (Ch. 56 of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Unsafe buildings — See Ch. 105.
Fire prevention — See Ch. 156.
Fences and walls — See Ch. 142.
Certificates of occupancy — See Ch. 353.

§ 120-1. Establishment of enforcing agency; composition; office location.

A. There is hereby established in the Borough of Swedesboro a State Uniform Construction Code enforcing agency to be known as the "Borough of Swedesboro Construction Code Department," consisting of a Construction Code Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Code Official shall be the chief administrator of the enforcing agency. Each official shall enforce the subcode corresponding to his title, subject to the supervision of the Construction Code Official.
B. Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended, and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each position.
C. The public shall have the right to do business with the enforcing agency at one office location, except for emergencies and unforeseen or unavoidable circumstances.

§ 120-2. Fees.

[Amended 6-19-1978; 12-17-1979; 3-21-1988; 9-3-1991; 6-7-1999 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
All fees are established and collected as per the interlocal agreement with Woolwich Township.

§ 120-3. Report.

[Amended 6-7-1999]
The Construction Code Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and Committee of the Borough of Swedesboro annually a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act. Editor's Note: See N.J.S.A. 52:27D-119 et seq.

§ 120-4. Surcharge fee.

A. In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations, Editor's Note: "The regulations" refers to the regulations established by the Commissioner of the Department of Community Affairs. the enforcing agency shall collect in addition to the fees specified above a surcharge fee as specified in N.J.A.C. 5:23 et seq. Said surcharge fee shall be remitted to the Department of Community Affairs Enforcing Office on a monthly basis and not later than one month next succeeding the end of the month for which it is due.
[Amended 6-7-1999]
B. The enforcing agency shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year. In the fiscal year in which the regulations first become effective, said report shall be for the third and fourth quarters only.

Chapter 140. FEES

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 2-6-2012 by Ord. No. 3-2012. Amendments noted where applicable.]

§ 140-1. Title.

This chapter shall be known as the "Codification of Fees and Costs of the Borough of Swedesboro."

§ 140-2. Purpose.

This chapter is adopted in order to advise the citizens of the Borough of Swedesboro and any and all persons doing business with the Borough of the various fees charged for services rendered by the departments of Borough government and to provide ready access to any and all such information.

§ 140-3. Services, licenses and permits.

A. The fees which follow shall be charged by the Borough for services rendered or licenses/permits issued.
B. All license and permit fees shall be annual, unless otherwise noted.
C. Miscellaneous fees shall be $5.

§ 140-4. Alarm Devices (Chapter 74).

There shall be no application fees for alarms, however, alarms must be registered with the Police Department and fees do occur with false alarms and failure to register. Editor's Note: See § 74-3.

§ 140-5. Alcoholic Beverages (Chapter 80).

A. Club license: $188.
B. Plenary retail consumption license with broad package privilege: $2,500.
C. Plenary retail consumption license: $2,500.
D. Plenary retail distribution license: $2,500.

§ 140-6. Amusements (Chapter 84).

Annual application fee (nonrefundable): $50 per machine and/or jukebox.

§ 140-7. Animals (Chapter 89).

A. Annual cat license: $7 spayed/neutered and nonspayed/nonneutered.
B. Annual dog license:
(1) Spayed/neutered: $12.
(2) Nonspayed/nonneutered: $15.
C. Late fee after April 1 each year: $10.

§ 140-8. Bingo and raffles.

As set by statute.

§ 140-9. Body Art (Chapter 94).

Application fee for license: $1,000.

§ 140-10. Board of Health.

A. Marriage license: $28.
B. Domestic partner: $28.
C. Civil union: $28.
D. Certified copies: $10 for first copy, $2 for each additional copy.

§ 140-11. Certificates of Occupancy (Chapter 353).

A. Initial inspection fee: $45.
B. Reinspection fee: $45 each inspection, if needed.

§ 140-12. Certified documents.

For certification of ordinances, resolutions, minutes or other documents: $1.

§ 140-13. Construction Codes, Uniform (Chapter 120).

All fees and services are charged and performed through Woolwich Township Construction Department.

§ 140-14. Copies of documents.

A. As per state statute all copies shall be $0.05 per page and $0.07 for legal size copies.
B. Mailing charges: per meter reading.
C. Copies of CDs or tapes of Borough meetings: $5.

§ 140-15. Fences and Walls (Chapter 142).

Permit fee: $50.

§ 140-16. Food Establishments (Chapter 359).

Licensing fees:
A. Retail food establishment, permanent locale: $50.
B. Temporary retail food establishment: $50.

§ 140-17. Garage Sales (Chapter 169).

Permit fee: $5.

§ 140-18. Land Use Procedures (Chapter 200).

A. Schedule of subdivision and site plan fees.
(1) Minor subdivision:
(a) Application fee: $100.
(b) Professional review: $2,500.
(c) Tax Map revision fee: $85/per lot.
(2) Preliminary major subdivision.
(a) Application fee: $1,250 plus $50/per lot.
(b) Professional review:
[1] Zero to 30 lots: $10,000.
[2] Thirty one or more lots: $10,000, plus $75/per lot over 30.
[3] Substantial revision: 50% of original escrow.
[4] Extension: $500.
(3) Final major subdivision.
(a) Application fee: $1,250 plus $50/per lot.
(b) Professional review: 50% of original escrow.
(c) Tax map revision fee: $75/per lot.
(d) Substantial revision: 50% of original escrow.
(e) Extension of final approval: $500.
(4) Informal review/concept plan.
(a) Professional review: $1,000.
(5) Minor site plan.
(a) Application fee: $500.
(b) Professional review: $3,000.
(6) Preliminary major site plan.
(a) Application fee: $500.
(b) Commercial/industrial.
[1] Zero to three acres: $3,000.
[2] Three plus acres: $3,000 plus $500/each additional acre.
(c) Residential: $10,000 plus $75/each lot over 30.
(d) Substantial revision: 50% of original escrow.
(e) Extension of preliminary approval: $500.
(7) Final major site plan.
(a) Application fee: $500.
(b) Commercial/industrial.
[1] Zero to three acres: $3,000.
[2] Three plus acres: $3,000 plus $500 each additional acre.
(c) Residential: 50% of original escrow for preliminary.
(d) Substantial revision: 50% of original escrow for final.
(e) Extension of final approval: $500.
(8) Informal review/concept plan.
(a) Professional review: $1,000.
(9) Site plan waiver application.
(a) Application fee: $500.
(b) Professional review: $500.
B. Use variance application fees (applications made under N.J.S.A. 40:55D-70d).
(1) Application fee: $350.
(2) Professional review: $1,250.
C. Bulk variance application fees (applications made under N.J.S.A. 40:55D-70c).
(1) Application fee for residential $75, all others $100.
(2) Professional review: $500 for all except sign variances which is $1,000.
D. Zoning permit fee: $200.
[Amended 6-3-2013 by Ord. No. 7-2013]
E. Conditional use applications.
(1) Application fee: $350.
(2) Professional review: $1,000.
F. Interpretations (applications made under N.J.S.A. 40:55D-70b).
(1) Application fee: $100.
(2) Professional review: $500.
G. Appeals (applications made under N.J.S.A. 40:55D-70a).
(1) Application fee: $100.
(2) Professional review: $250.
H. Appeals to Planning Board.
(1) Residential: $50.
(2) All others: $100.
I. List of property owners: $0.25 per name or $10, whichever is greater.

§ 140-19. Municipal improvement searches.

A. Search: $10.
B. Continuation: $2.
C. Tax search: $10.

§ 140-20. Noise (Chapter 370).

Permit of variance application processing fee: $2.

§ 140-21. Notarization.

Notary fee: $2.

§ 140-22. Peddling and Soliciting (Chapter 232).

A. Bond: $200.
B. License fees:
(1) Per day: $50.
(2) Per year: $300.

§ 140-23. Poolrooms and Billiard Halls (Chapter 235).

License fee: $50 per table.

§ 140-24. Police documents, pistol permits, fingerprints, etc.

As collected by the Woolwich Police Department.

§ 140-25. Rental Property (Chapter 254).

A. Each rental property shall be registered in the Borough of Swedesboro with a yearly fee of $75. Payment received 30 days after mailing will be charged a late fee of $75.
B. CO inspections must be obtained through Woolwich Township.
C. Additional reinspections (after first and second inspections): $75.
D. List of all rental units properly registered and licensed: $25.

§ 140-26. Sewers and Sewage Disposal (Chapter 262).

A. The following rates and charges are hereby fixed and shall be paid for use of the sanitary sewer in the Borough of Swedesboro in accordance with the following schedule of classifications and rates. The rates and charges established herein are annual rates and charges that shall be billed on a quarterly basis and shall be due and payable on the first day of January, April, July and October. Furthermore, the rates and charges established herein are effective beginning July 1, 2013, and for each year thereafter as follows:
[Amended 6-3-2013 by Ord. No. 9-2013]
Classification
Type
2013 Rate
2014 Rate
2015 Rate
Class A
Residence (private homes)
$452
$476
$500
Class B
Residence (private homes) with 1 apartment
$904
$952
$1,000
Class C
Apartment houses, per apartment
$452
$476
$500
Class D
Public garages
$492
$520
$546
Plus for each washing rack
$436
$460
$482
Class E
Stores or offices, for each store or office
$492
$520
$546
Class F
Saloons
$644
$678
$712
Class G
Soda fountains, restaurants, banks and diners
$568
$600
$628
Class H
Rooming houses and hotels
$492
$520
$546
Plus per bedroom
$198
$210
$220
Class I
Schools, public, private or parochial, per classroom
$160
$168
$176
Class J
Warehouses (storage purposes only)
$492
$520
$546
Class K
Air conditioners, wherever air conditioners use water for cooling purposes and the water is discharged into the sanitary sewer, per to unit. If more or less than a ton, pro rata.
$404
$428
$448
Class L
Laundromats and self-service car washes (consisting of no more than 4 bays and having no public garage)
$676
$710
$746
Class M
Churches
$240
$240
$240
Class N
Special rates:
(1)
Any classification of use not specifically provided for under Classes A through M shall be billed on the basis of water consumed in the previous billing period.
(2)
The consumption of 50,000 gallons or any fraction thereof shall be considered the equivalent of 1 sewer unit. Billing shall then be calculated on the number of equivalent sewer units so determined, multiplied by the rate of:
$452
$476
$500
(3)
Actual water consumption shall be adjusted accordingly to reflect any usage which can be proven to have been recycled and not discharged into the sewer system based upon readings of any recording devices installed by the consumer at his own expense.
(4)
Water meters and other recording devices of Class N customers shall be read quarterly and billings rendered thereon.
(5)
Class N customers are responsible for the proper operation of their water meters and other recording devices and should notify the Borough immediately in the event of any malfunction. If any meter or device fails to register or registers improperly, the customer shall be charged an amount based upon consumption shown by previous readings figured pro rata to the time when the equipment is ascertained to be working properly.
B. Delinquent accounts:
(1) Turn on fee: $25.
(2) Turn off fee: $25.
C. Residential connection fee: $800.
D. Residential disconnection permit fee: $100.
E. Residential reconnection permit fee: $100.

§ 140-27. Solid Waste (Chapter 276).

A. Dumpster permit fee: $25.
B. Trash-automated containers. Initial containers are provided at the cost of the Borough, replacement carts or damaged carts will be at a cost to property owner at a fee of $100.

§ 140-28. Streets and Sidewalks (Chapter 285).

A. Curb and sidewalk construction permit: $25.
B. Street opening permit fees shall include the payment of a filing fee of $10 and a deposit in the amount that is double the appropriate charge in the following schedule or, in lieu thereof, the continual maintenance at all times of a cash deposit or cash bond in the amount of $1,000, and a filing fee of $100 per annum will be charged without deposit of the amount in the following schedule:
Type of Road
Charge for 10 Square Feet or Less
Additional Charge in Excess of 10 Square Feet
(per square foot)
Bituminous concrete or bituminous surface treatment
$60
$1
Concrete sidewalks
$35
$0.50
Earth or gravel
$30
$0.50
Plain concrete
$65
$1.50
Reinforced concrete
$85
$2

§ 140-29. Subdivision of Land (Chapter 290).

A. Preliminary plan escrow fund deposit.
(1) For zero to 30 lots: $10,000.
(2) Above 30: $10,000 plus $75 for each additional lot.
(3) Substantial revisions: 50% of original escrow.
(4) Extension: $500.
B. Final plan.
(1) Application fee : $1,250, plus $50 per lot.
(2) Final plan escrow fund deposit: 50% of preliminary escrow fee, plus Tax Map fee of $75 per lot.

§ 140-30. Water (Chapter 332).

A. Connection fees:
Size in Diameter
(inches)
Fee
3/4
$1,500
1
$1,600
1 1/2
$1,700
2
$2,000
4
$3,875
6
$5,825
8
$8,575
B. Meters.
(1) Service charge for repair to tampered meter:
(a) First offense: $50.
(b) Each subsequent offense: $100.
(2) Test of meter at customer's request.
(a) Meters: $25.
(b) Per inch for other water service meters larger than one inch in diameter: $150.
C. Service fees:
(1) Turn on/turn off fee for any reason:
(a) Turn water service on: $25.
(b) Turn water service off: $25.
(2) Service charge to restore service where customer has turned water back on at curb after the Borough shut off for delinquency and Borough preventative action was required: $175.
(3) Bad check charge: $20.
D. Fees for water used in construction shall be charged on a monthly basis as follows:
Size of Meter
(inches)
Minimum Charge
Excess Rate per 1,000 Gallons
1
$100
$7
2
$200
$7
3
$300
$7
E. Private fire protection charges:
(1) Each private hydrant: $240 per year in service.
(2) If fire protection systems are serviced by a water service that is separate from main water service then the following private fire protection rates shall apply:
Line Size
(inches)
Rate Per Quarter
1
$50
2
$75
3
$100
4
$150
6
$300
8
$500
F. Water service rates.
[Amended 6-3-2013 by Ord. No. 8-2013]
(1) The following minimum and excess rates shall be charged for water consumption, effective July 1, 2013. The rates are based on one equivalent domestic consumer unit, hereafter known as "EDU."
Quarterly Minimum
Service Type
Meter Size
Allowed per EDU
2013Billing per EDU
2014Billing per EDU
2015Billing per EDU
Residential
5/8
8,000
$62.50
$65.00
$67.50
Residential
3/4
8,000
$66.75
$69.25
$72.00
Residential
1
18,000
$157.00
$163.50
$170.00
Commercial
5/8
8,000
$62.50
$65.00
$67.50
Commercial
3/4
8,000
$66.75
$69.25
$72.00
Commercial
1
18,000
$157.00
$163.50
$170.00
Commercial
1.5
24,000
$217.00
$225.00
$234.00
Commercial
2
35,000
$273.00
$284.00
$295.00
Commercial
3
60,000
$430.00
$448.00
$465.00
Commercial
4
90,000
$630.00
$655.00
$681.00
Commercial
6
200,000
$1,234.50
$1,284.00
$1,336.00
Commercial
8
270,000
$1,664.00
$1,731.00
$1,800.00
Church
5/8
15,000
$45.00
$45.00
$45.00
Church
3/4
15,000
$45.00
$45.00
$45.00
Church
1
15,000
$45.00
$45.00
$45.00
(2) All water used in excess of the minimum allowed per quarter shall be billed at the following rates:
Total Gallons From:
Total Gallons To:
2013
2014
2015
First excess
8,001
29,999
$3.15
$3.30
$3.45
Second excess
30,000
49,999
$3.40
$3.55
$3.75
Third excess
50,000
59,999
$3.70
$3.90
$4.10
Fourth excess
60,000
69,999
$3.95
$4.15
$4.35
Fifth excess
70,000
99,999
$4.20
$4.40
$4.60
Sixth excess
100,000
499,999
$5.00
$5.25
$5.50
Seventh excess
500,000
No limit
$5.80
$6.10
$6.40
(3) The above charges shall apply to each unit for which water service is provided by the Borough. For the purposes of this section, "unit" is defined and shall be considered as a single-family dwelling or single, separate dwelling space, such as 1/2 of a double house, an apartment or each separate dwelling in a multiple dwelling. A "unit" shall also mean each business place or establishment where water is used from a spigot or other connection, whether or not such business or establishment is connected with a dwelling space.

§ 140-31. Zoning (Chapter 340).

Fees for zoning applications and permits:
Zoning Application/Permits
Administrative Charges
Farm structures
$15
Accessory structures up to 120 square feet
$35
Aboveground pools
$35
Patios
$35
Temporary signs and banners
$35
Temporary tents
$35
Driveways
$35
Fences
$35
Decks
$50
Inground pool
$75
Accessory structures over 120 square feet
$75
Additions (sunrooms, porch enclosures, bedrooms, baths)
$75
Single-family dwelling
$150
All other residential accessories or structures
$35
Commercial construction
$200
Modified resubmission of previously denied application
$35
Any application that involves inspection or review due to the possible presence of wetlands
Fee listed above

§ 140-32. Miscellaneous fees.

A. NSF fee: $20.

Chapter 142. FENCES AND WALLS

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 12-15-2008 by Ord. No. 13-2008. Amendments noted where applicable.]

GENERAL REFERENCES

Uniform construction codes — See Ch. 120.
Fees — See Ch. 140.
Land use procedures — See Ch. 200.
Zoning — See Ch. 340.

§ 142-1. Permit required; application; fee; exemptions.

A. No fences shall be erected within the Borough without the owner of the premises or his or her representative making application for a zoning permit for same.
B. Application for such fences shall be made, in writing, to the Zoning Administrative Officer, and shall set forth the following information: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(1) The owner and address of the premises where the fence is to be erected;
(2) A description and specifications of the fence, including size, height, dimensions, material and size and percentage of openings. Height is restricted to a maximum of four feet in front of property and six feet in back of property;
(3) A sketch or plan of the fence;
(4) If deemed necessary by the Zoning Administrative Officer, a certified plot plan or survey of the premises in question shall be submitted which shall show abutting streets and the nearest intersection, and shall approximately indicate the location of structures within 10 feet of the fence. The Zoning Administrative Officer shall have the right to refer review to the Planning/Zoning Board.
C. The fee for such permit shall be as set forth in Chapter 140, Fees. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. Any existing deed restrictions are not to be superseded by this section.
E. Fences accessory to farm operations are exempt from the requirements of this chapter with respect to permit, fee, construction or materials. This exemption shall not extend to that percentage of farm property set aside for residential purposes, as determined by the Planning/Zoning Board. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. These fence regulations shall not apply to the erection of an open wire fence within a publicly owned park, playground or school premises if the need for such a fence for such use as athletic fields is demonstrated to and approved by the Zoning Administrative Officer.

§ 142-2. Residential lots.

Fences on residential lots may be erected as hereinafter set forth:
A. Fences shall be no closer than one foot to the Borough road, street or right-of-way.
B. Fences not exceeding 36 inches in height above ground level may be erected between the Borough road, street or right-of-way and the building line.
C. A private residential swimming pool area must be surrounded by a fence at least four feet, but no more than six feet in height with self latch and close gate.
D. A tennis court area may be surrounded by a fence a maximum of 15 feet in height; such fence shall be set back from any lot line the distance required for accessory buildings in the zoning district.
E. Front fences on corner properties shall not be constructed of materials that would not block the view of vehicular traffic at the intersection and shall comply with the requirements of the site-triangle easement of § 162-4. Maximum height is four feet.
F. Fences must be maintained by the owner and kept in alignment, and shall be maintained in a safe, sound and upright condition and in accordance with the approved plan on file with the Zoning Administrative Officer or Construction Code Official. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. All fences must be erected within the property limits, and no fence shall be erected so as to encroach upon a public right-of-way.
H. All permitted fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. No fence shall be erected of any material (no barbed wire, razor wire, electric, spikes, etc.) or in any manner which may be dangerous to persons or animals, except that these provisions shall not apply to farms, provided the fences are set back from any street line at least 10 feet, and except further that requirements of state or federal regulations shall prevail.
I. A dog run area may have fencing a maximum of six feet in height, provided such area is located in rear yard areas only and is set back from any lot line at least 10 feet.

§ 142-3. Commercial/industrial use.

A. Fences shall be no closer than 10 feet to a Borough road, street or right-of-way.
B. Fences shall be eight feet maximum solid wall or 12 feet maximum height for open fencing (chain link). Concertina or razor must be above eight feet. Planning Board shall approve design.

§ 142-4. Site triangle.

A. Sight-triangle easements shall be required at intersections, in addition to the specified right-of-way widths, in which no grading, planting or structure shall be erected or maintained more than 24 inches above the street center line, except for street signs, fire hydrants and light standards. The sight triangle is defined as that area outside of the street right-of-way which is bounded by the intersecting street lines and the straight line connecting sight points, one each located on the two intersecting street center lines:
(1) Arterial streets at 300 feet.
(2) Collector streets at 200 feet.
(3) Local streets at 90 feet.
B. Where the intersecting streets are both arterials, both collectors or one arterial and one collector, two overlapping sight triangles will be required, formed by connecting the sight point noted above with a sight point 90 feet on the intersecting street. Such easement dedication shall be expressed on the plat or plan as follows: "Sight-triangle easement deeded for purposes provided for and expressed in Chapter 200, Land Use Procedures, of the Code of the Borough of Swedesboro."

§ 142-5. Violations and penalties.

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Any person or persons convicted of a violation of the provisions of this chapter shall be punished as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty. Each day the violation occurs shall be deemed a separate violation.

Chapter 146. FERTILIZER APPLICATION

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 5-4-2009 by Ord. No. 10-2009. Amendments noted where applicable.]

GENERAL REFERENCES

Sewers and sewage disposal — See Ch. 262.
Stormwater control — See Ch. 280.

§ 146-1. Purpose.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The purpose of this chapter is 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 chapter does not apply to fertilizer application on commercial farms.

§ 146-2. Basis and background.

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 plantings, will have a greater need for phosphorus application, as will the repair or establishment of new lawns or cover vegetation. A soil 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 runoff-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 of 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 chapter 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 loan 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 Resource Conservation Service and approved by the Soil Conservation District Board.

§ 146-3. Definitions.

For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter 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.
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 content.
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.

§ 146-4. Prohibited conduct.

No person may do any of the following:
A. Apply fertilizer when a 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 recognized growing season.

§ 146-5. Phosphorus fertilizer application.

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 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.

§ 146-6. Enforcement.

This chapter shall be enforced by the Police Department and/or other municipal officials of the Borough of Swedesboro.

§ 146-7. Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Any person(s) found to be in violation of the provisions of this chapter shall be punished as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty.

Chapter 150. FIRE INSURANCE CLAIMS

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 8-17-1992 (Ch. 70B of the 1982 Code); amended in its entirety at time of adoption of Code (See Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Fire prevention — See Ch. 156.

§ 150-1. Statutory authorization; purpose.

Pursuant to the authorization of N.J.S.A. 17:36-8 et seq., there is hereby adopted an ordinance to ensure the payment of taxes, assessments or other municipal liens due and payable on real property in the Borough of Swedesboro when said property is covered by fire insurance in excess of $2,500 and is damaged or destroyed by fire and to ensure that, if demolition is required, the costs of demolition have been paid or escrowed.

§ 150-2. Applicability.

This chapter shall apply to any fire insurance policy issued or renewed after the adoption of this chapter and after the filing of this chapter with the State Commissioner of Insurance.

§ 150-3. Conditions for payment.

A. The payment to a claimant by any fire insurance company authorized to issue fire insurance policies in this state of any claim in excess of $2,500 for fire damages on any real property located within the Borough of Swedesboro is hereby prohibited until:
(1) Such time as all taxes and assessments or charges due and payable appearing on an official certificate of search for Borough liens pursuant to N.J.S.A. 54:5-12 dated subsequent to the fire shall have been paid either by the owner of such real property or by the insurance company pursuant to the provisions of this chapter; or
(2) The Borough submits to the insurance company a certified copy of a resolution adopted pursuant to the provisions of § 150-5 of this chapter.
(3) In addition, prior to payment, the insured is required to submit an official certificate executed by the Borough of Swedesboro that demolition is not required or the costs of demolition have been paid.
B. If the demolition has not yet occurred on the date of receipt by the Borough of a request for execution of the certificate required by this section, the insured shall provide on that certificate an estimate of the anticipated costs of demolition. The insurer on notice to the insured shall then pay the anticipated costs of demolition to the Borough which shall hold the funds in an interest-bearing escrow account until the demolition occurs or the actual costs of demolition are determined and paid.

§ 150-4. Alteration of certificate of search.

The official certificate of search may from time to time be altered by the bonded official responsible for preparing such certificates in order to correct any errors or omissions or to add any Borough liens or related charges due and payable subsequent to the preparation of the official certificate.

§ 150-5. Provisions for payment of delinquent taxes and liens; installment payments.

If it is satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property, the governing body of the Borough may submit to the insurance company a certified copy of a resolution by which it has entered into an agreement with the owner of any fire-damaged property to accept payment in full of all delinquent taxes, assessments or other municipal liens or charges in installments pursuant to N.J.S.A. 54:19 or for redemption of the tax sale lien by installment payments pursuant to Article 7 of Chapter 5 of Title 54 of the Revised Statutes.

§ 150-6. Payment of delinquent taxes and liens by insurance company.

Unless a resolution is received in accordance with this chapter by an insurance company writing fire policies in the Borough of Swedesboro, such insurance company is hereby authorized and required, prior to payment of any claims for fire damages in excess of $2,500 to pay to the Borough of Swedesboro the amount of the liens appearing in the official certificate, or in any alteration thereof pursuant to this chapter, and such other recorded liens or related charges as may be certified to the insurance company; provided, however, that if an appeal is taken on the amount of the lien or charge, other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall withhold 75% of the full amount of the lien or charge being contested, pending termination of all proceedings, at which time such moneys and all interest accruing thereon at a rate paid on interest-bearing accounts in banking institutions or savings and loan associations in the state shall be disbursed in accordance with the final order or judgment of the court.

§ 150-7. Obligation of insurance company for liens not on official certificate.

Except as provided in the case of appeals under this chapter, nothing in this chapter shall be construed to obligate the insurance company for any liens not appearing on the official certificate or in any certified changes therein submitted to the insurance company by the bonded official.

§ 150-8. Priority of claims.

The Borough's claim made in accordance with the provisions of this chapter shall be paramount to any other claims on the proceeds of the fire insurance policy, except the claim of a holder of a mortgage on the fire-damaged property, where the fire insurance policy at the time of the loss listed the mortgagee as a named insured, in which event the claim of the mortgagee to file process shall be paramount to the municipal lien only to the extent of the amount due and payable to the mortgagee under the mortgage contract.

§ 150-9. Filing required.

Upon its adoption, this chapter and any subsequent amendment thereof shall be filed with the New Jersey State Commissioner of Insurance as required by law.

§ 150-10. Violations and penalties.

Any person violating this chapter shall be punished as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty, unless some other penalty is expressly provided by New Jersey Statutes. In the event that such penalty is provided by New Jersey Statutes, then the penalty shall be as provided in said statute.

Chapter 156. FIRE PREVENTION

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Alarm devices — See Ch. 74.
Unsafe buildings — See Ch. 105.
Uniform construction codes — See Ch. 120.
Fire insurance claims — See Ch. 150.
Outdoor furnaces — See Ch. 222.
Property maintenance — See Ch. 241.

Article I. Enforcement of Fire Safety Act

[Adopted 10-7-1985 (Ch. 66, Art. II, of the 1982 Code)]

§ 156-1. Enforcement.

[Amended 4-17-2006]
Pursuant to Section 11 of the Uniform Fire Safety Act (N.J.S.A. 52:27d-202), the New Jersey Uniform Fire Code shall be enforced in the County of Gloucester.

§ 156-2. Enforcing agency designated; composition.

[Amended 11-20-2000; 4-17-2006]
The local enforcing agency shall be the County of Gloucester.

§ 156-3. Duties of enforcing agency.

The local enforcement agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Borough of Swedesboro, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.

§ 156-4. Life-hazard uses.

The local enforcing agency established by § 156-2 of this article shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.

§ 156-5. Organization; operating funds.

[Amended 11-20-2000; 4-17-2006]
The enforcing agency established by § 156-2 of this article is the County of Gloucester and shall be under the direct supervision and control of the County Fire Marshal. Editor's Note: Original § 66-15, Fire Official; inspectors and employees, as amended 11-20-2000, which immediately followed this section, was repealed 4-17-2006.

§ 156-6. Appeals.

[Amended 11-20-2000]
Any person aggrieved by any order of the local enforcing agency shall have the right to appeal as part of the Uniform Fire Code. All inspections forms contain information pertaining to appeals. Editor's Note: Original § 66-17, Additional required inspections and fees; violations and penalties, and § 66-18, Registration fees to be consistent with permit fees, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 156-7. Notice of violations.

[Amended 4-17-2006]
The County Fire Marshal shall mail or deliver to the Chief of the Borough of Swedesboro Fire Company a copy of each notice of violation of the Fire Prevention Code and shall consult the Chief periodically regarding any suspected violations that have come to the attention of the Fire Department.

§ 156-8. Technical amendments.

Technical amendments to the code may be passed by amendments to this article, but such technical amendments must not be less than the minimum requirements established by the New Jersey Uniform Fire Code.

Article II. Pallet Yard Operations; Wood Chipping

[Adopted 4-17-1989 (Ch. 66, Art. III, of the 1982 Code)]

§ 156-9. Definitions.

As used in this article, the following terms shall have the meanings indicated:
PALLET
A portable platform of wood or other material for handling, storage or movement of materials and packages in warehouses, factories or vehicles, including those portable platforms in partial disrepair.
WOOD CHIPPING
Pallets or other wood products such as construction lumber, stumps or trees which are ground or chipped.

§ 156-10. Yard maintenance and storage.

A. Pallets shall be piled with due regard to stability of piles and in no case higher than 12 feet.
B. Wood chipping shall be piled no higher than 12 feet and 30 square feet by 90 square feet in length and width.
C. Driveways between and around pallet piles and chipping piles shall be at least 15 feet wide and maintained free from the accumulation of rubbish, equipment or other articles or materials. Driveways shall be so spaced that a maximum grid system unit of 50 feet by 150 feet is produced. Driveways shall be all-weather roads adequate for Fire Department apparatus response.
D. The entire pallet yard and/or chipping yard and all related materials shall be surrounded by a suitable fence at least six feet high to prevent access by any unauthorized persons.
[Amended 3-7-1994]
E. An adequate number of gates shall be provided in the surrounding fence or other barrier so as to permit ready access of fire apparatus. The number and placing of such gates for each pallet/chipping yard shall be determined by the Bureau of Fire Prevention.

§ 156-11. Smoking; weeds and debris.

A. Smoking shall be prohibited except in specified safe locations in buildings. Large NO SMOKING signs shall be posted throughout all buildings except in specific locations designated as safe for smoking purposes. Large NO SMOKING signs shall be painted on exterior building walls and on signs erected at driveway edges.
B. Weeds shall be kept down throughout the entire yard and shall be sprayed as often as needed with a satisfactory weed killer or cut or grubbed out. Dead weeds shall be removed.
C. Debris such as loose portions of pallets and chippings shall be removed regularly from piling areas and not less frequently than quarterly. Proper housekeeping shall be maintained at all times.

§ 156-12. Buildings in outside storage areas.

Buildings in outside storage areas shall be located with as much clear space to open-yard storage as is practical but shall be not less than 15 feet from open-yard pilings unless said buildings have blank exterior masonry walls. Buildings of wood frame construction or housing hazardous operations or flammable material such as gasoline shall be at least 50 feet from the nearest storage pile; and explosion vents, blower outlets, etc., shall not be directed toward the yard storage.

§ 156-13. Fire-extinguishing equipment.

Portable fire-extinguishing equipment suitable for the fire hazard involved shall be provided at convenient, conspicuous, accessible locations in open yards. When used, approved Class A portable fire extinguishers properly protected against freezing, where necessary, shall be provided so that the travel distance to the nearest unit does not exceed 75 feet. In buildings, fire-extinguishing equipment shall be provided as specified by the Bureau of Fire Prevention. Editor's Note: Original § 66-21F, Amendments to adopted code, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 156-14. Violations and penalties.

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Any person(s) found to be in violation of the provisions of this article shall be punished as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty.

Article III. Fire Lanes; No-Smoking Areas

[Adopted 4-4-1994; amended in its entirety 11-20-2000 (Ch. 66, Art. IV, of the 1982 Code)]

§ 156-15. Designation of zones; violations and penalties.

A. The Fire Marshal under the direction of the Uniform Fire Codes shall designate fire lanes within the Borough of Swedesboro, as the Fire Marshal determines necessary to protect the public health and safety.
B. It shall be the responsibility of the property owner to post the proper signs and markings for any designated fire lanes. Such designations shall be made within 30 days after receipt of written notice from the Chief to do so.
C. No person shall park any vehicle in or otherwise obstruct any designated fire lane.
D. The Bureau of Fire Prevention of the Borough of Swedesboro and the Police Department shall have concurrent jurisdiction to enforce Subsection C by the issuance of a summons. In addition, any vehicle parked in violation of Subsection C may be towed and stored at the owner's expense. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. It shall be the right of any person receiving such a summons to plead guilty or not guilty to the charge of violating this section. Those persons pleading not guilty to the charge of violating this section shall be given the opportunity to present their defense before the Court.
F. All persons pleading guilty to or convicted of violating this section shall be punished as provided in Chapter 1, Article I, General Provisions, § 1-15, General penalty. All fines and court costs shall be payable to the Court Administrator. All fines assessed as a result of summonses issued shall be paid thereafter to the Bureau of Fire Prevention by the Court Administrator. All court costs shall be paid thereafter to the Municipal Clerk by the Court Administrator. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 156-16. No smoking zones; violations and penalties.

A. The Fire Marshal under the Uniform Fire Codes shall post no smoking areas in places where the Fire Marshal deems necessary to protect the public health and safety.
B. It shall be the responsibility of the property owner to post the proper signs and markings for any designated no smoking areas. Such designations shall be made within 30 days after receipt of written notice from the Chief to do so.
C. The Bureau of Fire Prevention of the Borough of Swedesboro and the Police Department shall have concurrent jurisdiction to enforce Subsection B by the issuance of a summons. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. All persons pleading guilty to or convicted of violating this section shall be punished as provided in Chapter 1, Article I, General Provisions, § 1-15, General penalty. All fines and court costs shall be payable to the Administrator of the Municipal Court. All lines assessed as a result of summonses issued shall be paid thereafter to the Bureau of Fire Prevention by the Court Administrator. All court costs shall be paid thereafter to the Municipal Clerk by the Court Administrator. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Chapter 162. FLOOD DAMAGE PREVENTION

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 12-7-2009 by Ord. No. 27-2009. Amendments noted where applicable.]

GENERAL REFERENCES

Uniform construction codes — See Ch. 120.
Historic preservation — See Ch. 183.
Stormwater control — See Ch. 280.
Subdivision of land — See Ch. 290.

Article I. Statutory Authorization; Findings of Fact; Purpose and Objectives

§ 162-1. Statutory authorization.

The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1 et seq. delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Therefore, the Borough Council of the Borough of Swedesboro, Gloucester County, New Jersey, does ordain as follows:

§ 162-2. Findings of fact.

A. The flood hazard areas of the Borough of Swedesboro are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, causes damage in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

§ 162-3. Statement of purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ 162-4. Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
D. Controlling filling, grading, dredging, and other development which may increase flood damage; and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

Article II. Terminology

§ 162-5. Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
APPEAL
A request for a review of the building inspector's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH, or VO zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one-percent annual or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
ELEVATED BUILDING
A nonbasement building built in the case of a building in an area of special flood hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters; and/or
B. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.
RECREATIONAL VEHICLE
A vehicle which is:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the longest horizontal projections;
C. Designed to be self-propelled or permanently towable by a light duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION
A. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348), includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.
B. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before damage would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which has been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
B. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.

Article III. General Provisions

§ 162-6. Applicability.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Swedesboro, Gloucester County, New Jersey.

§ 162-7. Basis for establishing areas of special flood hazard.

A. The areas of special flood hazard for the Borough of Swedesboro, Community No. 340519, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(1) A scientific and engineering report "Flood Insurance Study, Gloucester County, New Jersey (All Jurisdictions)," dated January 20, 2010.
(2) Flood Insurance Rate Map for Gloucester County, New Jersey (All Jurisdictions) as shown on Index and panel numbers 34015C0064E, 34015C0068E, 34015C0152E, 34015C0156E; whose effective date is January 20, 2010.
B. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at 1500 Kings Highway, Swedesboro, New Jersey 08085.

§ 162-8. Violations and penalties.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than 30 days, or both, for each violation, and in additional shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Swedesboro from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 162-9. Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

§ 162-10. Interpretation.

In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes.

§ 162-11. Warning and disclaimer of liability.

A. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.
B. This chapter shall not create liability on the part of the Borough of Swedesboro, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

Article IV. Administration

§ 162-12. Establishment of development permit.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 162-7. Application for a development permit shall be made on forms furnished by the Building Inspector and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
A. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
B. Elevation in relation to mean sea level to which any structure has been floodproofed;
C. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 162-17B; and
D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

§ 162-13. Designation of local administrator.

The Building Inspector is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

§ 162-14. Duties and responsibilities of administrator.

Duties of the Building Inspector shall include, but not be limited to:
A. Permit review:
(1) Review all development permits to determine that the permit requirements of this chapter have been satisfied.
(2) Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(3) Review all development permits to determine if the proposed development is located in the floodway, assure that the encroachment provisions of § 162-18A are met.
B. Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 162-7, Basis for establishing the areas of special flood hazard, the Building Inspector shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 162-17A, Specific standards, residential construction, and § 162-17B, Specific standards, nonresidential construction.
C. Information to be obtained and maintained:
(1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
(2) For all new or substantially improved floodproofed structures:
(a) Verify and record the actual elevation (in relation to mean sea level); and
(b) Maintain the floodproofing certifications required in § 162-12C.
(3) Maintain for public inspection all records pertaining to the provisions of this chapter.
D. Alteration of watercourses:
(1) Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section and the Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(2) Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood-carrying capacity is not diminished.
E. Interpretation of FIRM boundaries: make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 162-15.

§ 162-15. Appeals; variance procedure.

A. Appeal Board.
(1) The Planning Board, as established by the Borough of Swedesboro, shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Inspector in the enforcement or administration of this chapter.
(3) Those aggrieved by the decision of the Planning Board, or any taxpayer, may appeal such decision to the Superior Court of New Jersey.
(4) In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location, where applicable;
(f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(5) Upon consideration of the factors of § 162-15A(4) and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6) The Building Inspector shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
B. Conditions for variances.
(1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items in § 162-15A(4)(a) through (k) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 162-15A(4), or conflict with existing local laws or ordinances.
(6) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

Article V. Provisions for Flood Hazard Reduction

§ 162-16. General standards.

In all areas of special flood hazards the following standards are required:
A. Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
(2) All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
B. Construction materials and methods.
(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
C. Utilities.
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters;
(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
(4) Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
D. Subdivision proposals.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
(4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).
E. Enclosure openings. All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
(1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one foot above grade.
(3) Openings may be equipped with screens, louvers, or other covering or devices, provided that they permit the automatic entry and exit of floodwaters.

§ 162-17. Specific standards.

In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 162-7, Basis for establishing areas of special flood hazard, or in § 162-14B, Use of other base flood data, the following standards are required:
A. Residential construction.
(1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated to or above base flood elevation;
(2) Within any AO zone on the municipality's FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified) and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
B. Nonresidential construction. In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, either elevated to the level of the base flood elevation; and within any AO zone on the municipality's DFIRM that all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified) and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; or:
(1) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in § 162-14C(2)(b).
C. Manufactured homes.
(1) Manufactured homes shall be anchored in accordance with § 162-17A(2).
(2) All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.

§ 162-18. Floodways.

Located within areas of special flood hazard established in § 162-7 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
B. If § 162-18A is satisfied, all new construction and substantial improvements must comply with Article V, Provisions for Flood Hazard Reduction.
C. In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point.

Chapter 169. GARAGE SALES

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 11-19-1984 (Ch. 69 of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Zoning — See Ch. 340.

§ 169-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
GARAGE SALE
Includes all sales entitled "garage sale," "lawn sale," "yard sale," "attic sale," "rummage sale," or "flea market sale" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of said sale.
GOODS
Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.

§ 169-2. Permit required.

[Amended 7-16-2007 by Ord. No. 22-2007]
A. It shall be unlawful for any person to conduct a garage sale in the Borough of Swedesboro without first filing with the Borough Clerk the information hereinafter specified and obtaining from the Borough Clerk a permit to conduct such sale, to be known as a "garage sale permit." The cost of issuance of such permit shall be as set forth in Chapter 140, Fees. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. The person making application for the garage sale permit shall file a completed application with the Borough Clerk one day before the first day of the garage sale in order to provide adequate time for the processing of the permit. The Borough Clerk shall transmit each permit application to the Chief of Police, or his designee, who shall review the information contained on the permit. The Chief of Police, or his designee, shall have the right to impose conditions on the permit relating to matters of public safety.

§ 169-3. Permit restrictions; display.

A. The permit shall be issued only to premises on which a residential dwelling is located; it being the intention to prohibit garage sales on vacant lots and further to limit the issuance of said permits to specified premises rather than to any individual. The permit may be issued to any premises only twice within any twelve-month period, and the permit shall be issued for no more than three consecutive calendar days. Furthermore, no person, firm, group, corporation or association shall, directly or indirectly, conduct a garage sale at any premises within the Borough more than twice in any twelve-month period. Charitable, religious and civic organizations may be allowed more than two permits with the approval of Borough Council.
B. Each permit issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the garage sale.

§ 169-4. Application information.

[Amended 7-16-2007 by Ord. No. 22-2007]
The information to be filed with the Borough Clerk shall be as follows:
A. The name of the person, firm, group, corporation, association or organization conducting said sale.
B. The name of the owner of the property on which said sale is to be conducted and consent of the owner if the applicant is other than the owner.
C. The location at which sale is to be conducted.
D. The number of days of the sale.
E. The date and nature of any past sale. Editor's Note: Original § 69-4F, regarding relationship of applicant and other persons conducting a sale, and § 69-4G, regarding other vendor's license, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. A sworn statement or affirmation by the person signing that the information therein given is full, true and known to him to be so.
G. Any other information deemed necessary by the Borough Clerk so as to process the application.

§ 169-5. Hours and limitations.

[Amended 9-2-2003]
A. All garage sales shall be conducted between the hours of 8:00 a.m. and 4:00 p.m. only. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. No garage sales shall be conducted on Kings Highway on the day designated as "Swedesboro Day" by the Mayor and Council of the Borough.

§ 169-6. Signs.

A. Signs posted or handbills advertising a garage sale, as herein defined, shall be of a size not larger than 12 inches by 12 inches and must contain, in addition to the definition of the type of sale being advertised, the name, address and telephone number of the person conducting the sale, the number of the permit issued by the Borough and the dates for which such permits were issued.
B. All such signs shall be removed within 48 hours after the completion of the sale.
C. Newspaper advertisement of such sale shall contain the same information as required in the case of signs.

§ 169-7. Exceptions.

The provisions of this chapter shall not apply to or affect the following persons or sales:
A. Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
B. Persons acting in accordance with their powers and duties as public officials.
C. Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement, and which separate items do not exceed five in number.
D. Any publisher of a newspaper, magazine, other publication or other communication media who publishes or broadcasts in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this chapter have not been complied with by the person conducting the sale.
E. Any sale conducted by any merchant or other business establishment in a place of business wherein such sale would be permitted by Chapter 340, Zoning, of the Code of the Borough of Swedesboro or under the protection of the nonconforming use section Editor's Note: See § 340-16. thereof, or any sale conducted by a manufacturer, dealer or vendor which sale would be conducted from properly zoned premises and would not otherwise be prohibited in the Borough ordinances.
F. Any bona fide, charitable, eleemosynary, educational, cultural or other organization or association not for profit may be exempted from the limitation established in § 169-3 hereof, upon demonstrating to the Borough Council its right to such exemption. The production of a certified copy of a certificate of incorporation, pursuant to Title 15 of the New Jersey Revised Statutes, shall be presumptive evidence of the right of such organization to this exemption.

§ 169-8. Enforcement.

A. This chapter shall be enforced by the Police Department. It shall be the duty of the Chief of Police, or his designated agent, to investigate any violation of this chapter.
B. The person to whom such license is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets or interfere with the orderly passage of pedestrian traffic on sidewalks in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police Department in order to maintain the public health, safety and welfare.

§ 169-9. Violations and penalties.

Any person, firm, association or corporation convicted of violating any provision of this chapter, or any amendment or supplement thereto, shall be subject to a fine not exceeding $200 or imprisonment in the Gloucester County Jail for a term not exceeding 30 days, or both, at the discretion of the Municipal Court Judge having jurisdiction in the matter.

Chapter 183. HISTORIC PRESERVATION

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 4-18-2005 by Ord. No. 2005-05. Amendments noted where applicable.]

GENERAL REFERENCES

Land use procedures — See Ch. 200.
Site plan review — See Ch. 268.
Subdivision of land — See Ch. 290.
Zoning — See Ch. 340.

§ 183-1. Statutory authority; purpose and objectives.

A. The Legislature of the State of New Jersey has in N.J.S.A. 40:55D-1 et seq., as amended, delegated the responsibility to local units of government to adopt regulations designed to promote the protection of certain architecturally, historically, and archaeologically significant structures, sites, or districts for the general welfare of its citizenry.
B. Purpose and objectives. The Borough of Swedesboro recognizes that it has areas, places and structures of historic, archaeological and architectural significance. It is in the interest of the general welfare to preserve these areas, places and structures and to ensure that new development is compatible and relevant with these areas, places and structures. This chapter will achieve these purposes and objectives and will promote the preservation of the environment, promote a desirable visual environment through creative development techniques and good civic design and arrangements, prevent the degradation of the environment through improper use of land, and promote the most appropriate use of land in the Borough.

§ 183-2. Definitions.

The terms set forth hereinafter shall have the following meanings:
ADDITION
A new improvement constructed as part of an existing improvement when such new improvement changes the exterior architectural appearance of the existing improvement.
ADMINISTRATIVE OFFICER
The Clerk of the municipality unless a different municipal official or officials are designated by ordinance to handle the administration of this chapter and attend the land use meetings as deemed necessary.
AFFECTING AN HISTORIC SITE OR HISTORIC DISTRICT
The act by which any development alters the exterior architectural appearance of an historic site or any improvement within an historic district.
ALTERATION
Any work done on any improvement which:
A. Is not an addition to the improvement; and
B. Constitutes a change by addition or replacement in the exterior architectural appearance of an improvement.
APPLICANT
Any private or public person, persons, or any representative or any private entity, private organization, association, or public agency with legal authority to make an alteration, addition, improvement, renovation, repair or demolish a structure.
APPLICATION FOR DEVELOPMENT
An application to the Planning Board or the Joint Land Use Board of the Borough of Swedesboro for approval of a major or minor subdivision plot or site plan, planned development, conditional use or zoning variance, or an application for the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, or for any use or change in the use of any building or other structure, or of any parcel of land, for which permission may be required pursuant to the Municipal Land Use Law. Editor's Note: See N.J.S.A. 40:55D-1 et seq.
BUILDING
Any structure, either temporary or permanent, having a roof (including an annex or addition), which requires for its use a fixed location on the land and which is designed, intended or used for the sheltering or protection of persons, animals, or chattel.
CERTIFICATE OF APPROPRIATENESS
A document indicating permission or a permit to commence work or activity on a structure located within the historic district or a designated historic site.
COMMISSION
The Historic Preservation Advisory Commission established pursuant to the provisions of this chapter.
CONSTRUCTION CODE OFFICIAL
The officer in charge of the granting of building or construction permits in the Borough of Swedesboro.
DEMOLITION
Partial or total razing or destruction of any historic site or of any improvement within an historic district.
DESIGNATED HISTORIC LANDMARK OR HISTORIC DISTRICT
An individual building, structure, site, object, improvement or district which has been determined to have historical significance pursuant to the provisions of this chapter.
DISREPAIR
The condition of being in need of repairs; a structure or building in disrepair.
EXTERIOR ARCHITECTURAL FEATURE
Any element or resource of the architectural style, design, or general arrangement of a structure that is visible from the outside, including, but not limited to, the style and placement of all windows, doors, cornices, brackets, porch spindles, railings, shutters, the roof, type, color, and texture of the building materials, signs, fences, and other decorative architectural elements.
HISTORIC DISTRICT
A geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures and/or objects when viewed collectively:
A. Represent a significant period(s) in the architectural and social history and development of the municipality;
B. Have a distinctive character resulting from their architectural style; and
C. Because of their distinctive character can readily be viewed as an area or district from surrounding portions of the municipality.
HISTORIC DISTRICT RESOURCES
Those resources classified as either key, contributing or noncontributing, which are defined as follows:
A. KEY — Any buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for historic landmark status.
B. CONTRIBUTING — Any buildings, structures, sites, objects or improvements which are integral components either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant.
C. NONCONTRIBUTING — Any buildings, structures, sites, objects or improvements which do not have significant historical value because they neither date from a time period nor represent an architectural type, period or method which is historically significant.
HISTORIC LANDMARKS (OR LANDMARK)
Any buildings, structures, sites, objects, or districts which possess integrity of location, design, setting, materials, workmanship, and association, and which have been determined, pursuant to the terms of this chapter, to be:
A. Of particular historic significance to the Borough of Swedesboro by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state, or community; or
B. Associated with the historic personages important in national, state, or local history; or
C. The site of an historic event which had a significant effect on the development of the nation, state, or community; or
D. An embodiment of the distinctive characteristics of a type, period, or method of architecture or engineering; or
E. Representative of the work of an important builder, designer, artist, or architect; or
F. Significant for containing elements of design, detail, materials, or craftsmanship which represent a significant innovation; or
G. Able or likely to yield information important in prehistory or history.
HISTORIC PRESERVATION ADVISORY COMMISSION
The body which, for the purposes of this chapter, acts as the historic preservation commission as cited in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
IMPROVEMENT
Any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location or such construction or installation for a period of not less than 120 continuous days.
INTEGRITY
The authenticity of a building, structure, site, object, improvement or district evidenced by the survival of the physical characteristics that existed during its historic or prehistoric period.
INTERESTED PARTY
Any person whose right to use, acquire or enjoy property is affected by any action taken under this chapter, or whose rights to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
INVENTORY
A list of historic properties determined to meet criteria of significance specified herein.
LANDSCAPE
The visual character of the land, including but not limited to architecture, building setbacks and height, fences, hedgerows, plantings and vistas.
MASTER PLAN
The Master Plan of Borough of Swedesboro, as amended from time to time, compiled pursuant to the Municipal Land Use Law.
MINOR APPLICATION
Any application for a certificate of appropriateness which:
A. Does not involve demolition, relocation or removal of an historic landmark or a key or contributing resource in an historic district;
B. Does not involve an addition to an historic landmark or a property in an historic district or new construction in an historic district;
C. Is a request for approval of fences, signs, lighting, paving or streetscape work which, in the opinion of the Chairperson of the Commission, will not substantially affect the characteristics of the historic landmark or the historic district;
D. Is a request for a field change for a certificate of appropriateness which has already been issued and which meets the criteria of Subsection C above.
MUNICIPAL LAND USE LAW
The Municipal Land Use Law of the State of New Jersey, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to time.
NATIONAL REGISTER CRITERIA
The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places, as set forth in 36 CFR 60.4 et seq.
OBJECT
A thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
ORDINARY MAINTENANCE
The act of repairing any deterioration, wear, or damage to a structure, or any part thereof, in order to return the same as nearly practicable to its condition prior to the occurrence of such deterioration, wear, or damage. Ordinary maintenance shall further include replacement of exterior elements or accessory hardware, including signs, using the same materials and having the same appearance.
PERMIT
Any required approval issued by the Construction Code Official pursuant to applicable building or construction codes for work or improvement(s) to property, or to a building or structure located thereon.
PERSON
Any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, firms, companies, corporations, entities or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law. When permitted by context "person" shall also include the United States, the State of New Jersey and/or other states, or any political subdivision thereof, and any foreign country or government.
PRESERVATION
The act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic landmark. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.
PROTECTION
The act or process of applying measures designated to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.
RECONSTRUCTION
The act or process of reproducing by new construction the exact form and details of the exterior building, structure, object, or part thereof, as it appeared at a specific period of time.
REHABILITATION
The act or process of returning the exterior of a building or structure to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historic, architectural, and cultural values.
REMOVAL
The act of partially or completely causing a structure or portion of a structure to change to another location, position, station or residence.
REPAIR
Any work done on any improvement which:
A. Is not an addition to the improvement; and
B. Does not change the exterior architectural appearance of any improvement.
REPLACEMENT
The act or process of replicating any exterior architectural feature.
RESTORATION
The act or process of accurately recovering the form and details of the exterior of a building and/or structure and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
SECRETARY OF THE INTERIOR'S STANDARDS
The publication issued by the U.S. Department of the Interior, National Park Service, entitled: "The Secretary of the Interior's Standards for the Treatment of Historic Properties," 36 CFR 68, issued in 1992 and revised and supplemented from time to time.
STREETSCAPE
The visual character of the street, including but not limited to the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, sidewalks, curbing and landscaping.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above or below the surface of land. For purposes of this chapter, the word "structure" shall also include fences, walls, independent radio and television antennae, gasoline pumps, pergolas, and swimming pools.
SURVEY
The inventory of buildings, structures, sites, objects, improvements and districts located within the Borough of Swedesboro which is conducted by the Commission for the ascertainment of their historical significance pursuant to the provisions of this chapter.
SURVEY DATA
The raw data produced by the survey; that is, all the information gathered on each property and area investigated.
VIEW or VISTA
The view by the public of a building, structure, site, object, improvement or landscape from any point on a street, road or walkway which is used as a public thoroughfare, either vehicular and/or pedestrian.

§ 183-3. Establishment of Historic Preservation Advisory Commission.

There is hereby created in and for the Borough of Swedesboro a commission to be known as the "Historic Preservation Advisory Commission of the Borough of Swedesboro."
A. Composition of the Historic Preservation Advisory Commission. The Historic Preservation Advisory Commission shall be comprised of seven members, with two alternates:
(1) Of the seven regular Commission members:
(a) Two shall be Class A or Class B members, said classes being defined as:
[1] Class A: a person who is a citizen of the Borough knowledgeable in building design and construction or architectural history; and
[2] Class B: a person who is a citizen of the Borough and/or a member of an historical organization recognized by the Mayor and Council of the Borough knowledgeable in or has a demonstrated interest in local history.
(b) Five shall be Class C members, said class being defined as citizens of the Borough, who shall hold no other Borough office, position or employment except for membership on the Planning Board or Joint Land Use Board.
(c) To the extent available from within the Borough of Swedesboro, the Mayor shall appoint Class A members who are residents. Should such individuals not be available from within the Borough, the Mayor shall have the authority to appoint, with Council approval, a consulting preservation professional to advise the Commission on technical issues. This preservation professional may reside outside of the Borough and will not be a voting member of the Commission.
(2) Of the two alternate Commission members, both shall be Class C members, as Class C is defined above. The two alternate Commission members shall be respectively designated "Alternate No. 1" and "Alternate No. 2."
B. Appointment of Historic Preservation Advisory Commission members. Regular members shall be appointed by the Mayor and approved by Borough Council and shall serve for four-year terms, except that Borough Planning Board or Joint Land Use Board members shall serve during their incumbency in office.
(1) The terms of the members first appointed under this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed, in the case of the regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment; provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years.
(a) Two of the seven regular members first appointed under this chapter shall be for terms of four years.
(b) Two of the seven regular members first appointed under this chapter shall be for terms of three years.
(c) Two of the seven regular members first appointed under this chapter shall be for terms of two years.
(d) One of the seven regular members first appointed under this chapter shall be for terms of one year.
(e) One of the two alternate members first appointed under this chapter shall be for a term of two years.
(f) One of the two alternate members first appointed under this chapter shall be for a term of one year.
(2) Vacancies shall be filled, within 60 days, in the same manner in which the previous incumbent was appointed and such incumbent's unexpired term.
C. Election of Chairperson, and Vice Chairperson. The Historic Advisory Preservation Commission shall elect from its membership a Chairperson and a Vice Chairperson.
D. Liaison person. A member of the Swedesboro Borough Council shall be designated as a liaison between the Historic Preservation Advisory Commission and the Planning Board. The role of such liaison person shall be informational only and such person shall possess no voting rights with regard to any action taken by the Commission.
E. Establishment of rules and regulations. The Historic Preservation Advisory Commission shall create rules and procedures for the transaction of its business, subject to the following regulations:
(1) A quorum for the transaction of business shall consist of four of the Historic Preservation Advisory Commission's members. This quorum may include alternate members filling the vacancies of regular members. A majority of the members present and voting may grant or deny a certificate of appropriateness.
(2) The Historic Preservation Advisory Commission shall appoint a Secretary, who need not be a member of the Historic Preservation Advisory Commission. The Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, and decisions. All such material shall be public record.
(3) The Historic Preservation Advisory Commission shall prepare and adopt rules of procedure which will be made available to the public, and which shall include a specific section prohibiting conflicts of interest.
F. Compensation of Commission members. The members of the Historic Preservation Advisory Commission shall serve without compensation.
G. Retention of professional assistance. Within the limits of funds that have been appropriated for the performance of its work, grants and gifts, the Historic Preservation Advisory Commission shall obtain the services of qualified professional individuals to direct, advise and assist the Historic Preservation Advisory Commission and may obtain the equipment, supplies and other materials necessary to its effective operation. The Commission shall obtain its legal counsel from the municipal attorney at the rate of compensation determined by the governing body, unless the governing body by appropriation provides for separate legal counsel for the Commission.
H. Budget. The governing body shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Advisory Commission. The Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for the Commission's use.
I. Finances. The Borough Council shall establish by ordinance reasonable fees necessary to cover the expenses of administration and professional services to aid the Commission in its review of applications and development reviews. These fees are in addition to any required under any portion of this or any other applicable Borough ordinance.
J. Powers and duties. The Historic Preservation Advisory Commission shall have the following powers and duties:
(1) Within 36 months of its organization the Historic Preservation Advisory Commission shall prepare and adopt pursuant to § 183-4 of this chapter, a Landmark and Historic Districts Designation List and Official Landmarks Map which shall then be referred to the Planning Board for inclusion in the Borough Master Plan pursuant to N.J.S.A. 40:55D-28(b) and to the Borough Council of the Borough of Swedesboro for inclusion in this chapter.
(2) Hear and decide applications for certificates of appropriateness pursuant to § 183-6 of this chapter for landmarks and historic districts as designated under § 183-4.
(3) Amend, from time to time, as circumstances warrant, the Landmarks and Historic Districts Designation List and Official Landmarks Map in the manner set forth in § 183-4.
(4) Advise the Planning Board and the Joint Land Use Board on applications for development pursuant to N.J.S.A. 40:55D-110.
(5) Provide written reports pursuant to N.J.S.A. 40:55D-111 on the application of Chapter 340, Zoning, provisions concerning historic preservation.
(6) Report at least annually to the Planning Board and the Borough Council of the Borough of Swedesboro on the state of historic preservation in the Borough and to recommend measures to improve same.
(7) Collect and disseminate material on the importance of historic preservation and specific techniques for achieving same.
(8) Advise all Borough agencies regarding goals and techniques of historic preservation.
(9) Adopt and promulgate such regulations and procedures not inconsistent with this chapter as are necessary and proper for the effective and efficient performance of the duties herein assigned.
(10) Review all proposed National Register nominations for properties that come within the jurisdiction of the Commission, as established by the criteria of the 1980 amendments of the National Historic Preservation Act of 1966.
(11) To carry out such other advisory, educational and informational functions as will promote historic preservation in the Borough of Swedesboro.
(12) To exercise any and all other powers authorized by law.
K. Meetings. The Historic Preservation Advisory Commission shall meet on a regular basis, but a minimum of four times a year. All meetings shall comply the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).
L. Conflicts of interest. No member of the Historic Preservation Advisory Commission of Swedesboro shall be permitted to act on any matter coming before the Commission in which he or she has, either directly or indirectly, any personal or financial interest.
M. Emergency meetings of Commission. In the event that there arises a need for an emergency meeting of the Historic Preservation Advisory Commission, the Commission Chairperson shall convene a meeting of the Commission after having given due and appropriate notice in accordance with the State Open Public Meetings Act. The Commission Chairperson shall instruct the Secretary to personally or telephonically contact the Commission members to inform them of the time, date, and location of the emergency meeting and the purpose of the emergency meeting.
(1) Emergency meetings shall be convened for such instances as pending demolition permits to designated historic sites in the Borough or such other circumstances that warrant the immediate action of the Commission.
(2) In the case of any emergency meetings, all of the requirements for the transaction of business during a regular scheduled meeting shall apply.

§ 183-4. Designation of landmarks and historic districts.

A. Survey. The Commission shall maintain a comprehensive survey of the Borough of Swedesboro to identify historic landmarks and historic districts that are worthy of protection and preservation.
B. Criteria for designation. The criteria for evaluating and designating historic landmarks and historic districts shall be guided by the National Register criteria. The Commission or any person may recommend designation of historic landmarks or historic districts that are in accordance with the National Register criteria or that possess one or more of the following attributes:
(1) Character, interest, or value as part of the development, heritage or cultural characteristics of the Borough, state or nation; or
(2) Association with events that have made a significant contribution to the broad patterns of our history; or
(3) Association with the lives of persons significant in our past; or
(4) Embodiment of the distinctive characteristics of a type, period or method of construction, architecture, or engineering; or
(5) Identification with the work of a builder, designer, artists, architect or landscape architect whose work has influenced the development of the Borough, state or nation; or
(6) Embodiment of elements of design, detail, material or craftsmanship that render an improvement architecturally significant or structurally innovative; or
(7) Unique location or singular physical characteristics that make a district or landmark an established or familiar visual feature; or
(8) Ability or potential ability to yield information important in prehistory or history; or
(9) Ordinarily cemeteries, birthplaces or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for designation as a landmark. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:
(a) A religious property deriving primary significance from architectural or artistic distinction or historical importance; or
(b) A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with an historic person or event; or
(c) A birthplace or grave of an historical figure of outstanding importance if there is no other appropriate site or building directly associated with his/her productive life; or
(d) A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or
(e) A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or
(f) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or
(g) A property achieving significance within the past 50 years if it is of exceptional importance.
C. Procedures for designation.
(1) Persons wishing to make a nomination shall contact the Commission Secretary regarding consideration of a proposed historic landmark or historic district. The Commission may also initiate the designation of an historic landmark or historic district. The Commission will schedule a hearing to review the proposed historic landmark or historic district.
(2) A nomination to propose an historic landmark shall include the following information which addresses the criteria for designation as set forth herein:
(a) A photograph, preferably black and white, of the proposed landmark; and
(b) A copy of the Municipal Tax Map showing the property on which the proposed landmark is located; and
(c) A physical description of the proposed landmark; and
(d) A statement of significance.
(3) A nomination to propose an historic district shall include the following information which addresses the criteria for designation as set forth herein:
(a) A building-by-building inventory of all properties within the district; and
(b) A photograph, preferably black and white, of all properties within the district; and
(c) A copy of the Municipal Tax Map of the district showing boundaries; and
(d) A physical description of the proposed district; and
(e) A statement of significance.
(4) Following receipt of a nomination to propose an historic landmark or historic district, the Commission shall schedule a public hearing on the proposed designation.
(5) At least 14 days prior to the public hearing, the Commission shall, by personal service or certified mail, perform the following:
(a) Notify the owner(s) of record of a property that has been proposed for historic landmark designation, or the owner(s) of record all properties located within a district that has been proposed for historic district designation, that the property or district, as applicable, is being considered for such designation and the reasons therefor;
(b) Advise the owner(s) of record of the significance and consequences of such designation, and of the rights of the owner(s) of record to contest such designation under the provisions of this chapter;
(c) Notify the owner(s) of record of the date, time and location of the hearing concerning the proposed designation of the property or district; and
(d) Serve any further notices as may be required under the provisions of the Municipal Land Use Law.
(6) At least 14 days prior to the public hearing, the Commission shall also cause public notice of the hearing to be published in the official newspaper of the Borough.
(7) At least 14 days prior to the public hearing, a copy of the nomination report shall also be made available for public inspection in the Municipal Offices of the Borough.
(8) At the public hearing scheduled in accordance with this chapter, the Commission shall review the nomination report and accompanying documents. Interested persons shall be given the opportunity to be heard and to comment on the proposed nomination for designation.
(9) Designation of an historic district shall not proceed over the objection of 51% of the property owners, in accordance with the procedural guidelines set forth by the National Register of Historic Places.
(10) If the proposed nomination is approved by the Commission, then the Commission shall forward a report concerning the proposed historic landmark or historic district to the Borough Council, which shall contain a statement of the Commission's recommendations and the reasons therefor. Borough Council action on designating an historic landmark or an historic district shall then be otherwise subject to those procedures and statues which apply to a change of a zoning designation and the adoption, revision or amendment of any development regulation.
(11) All other requirements of the Municipal Land Use Law regarding adoption of development regulations shall be followed.
(12) Upon adoption of an ordinance by the Borough Council designating an historic landmark or an historic district, the said designation shall supplement, rather than supersede, the existing zoning district in which the affected historic landmark or historic district is located. At that time, the designation list and map shall be incorporated into the Master Plan and Chapter 340, Zoning, of the Code of the Borough of Swedesboro as required by the Municipal Land Use Law. Designated properties shall also be noted as such on the records for those properties as maintained by the Planning and Zoning Offices, as well as the offices of the Construction Code Official, the Borough Tax Assessor and the Borough Clerk.
(13) Amendments to historic landmark or historic district designations may be made in the same manner as they were adopted in accordance with the provisions of this chapter.

§ 183-5. Public hearings.

A. Representation of parties. Any owner or owners and all persons having a legal and equitable interest in any property which has been proposed for designation, or is designated, as a local landmark, or for which an application for a building permit, site plan or subdivision has been made to the municipality, may appear in person or be represented by an authorized agent or attorney at any public hearing scheduled by the Swedesboro Historic Preservation Advisory Commission.
B. Order of procedure. The order of procedure at all public hearings of the Swedesboro Historic Preservation Advisory Commission shall be as follows:
(1) Opening of the hearing by the Chairperson;
(2) Incorporation in the record of the notice of hearing, in accordance with the Open Public Meeting Act of the State of New Jersey;
(3) Statement by the Chairperson summarizing the items on the agenda for the meeting;
(4) Approval of minutes of previous meetings;
(5) Review and approval of any resolutions memorializing decisions reached on applications at previous meetings;
(6) Applications that were heard previously by the Commission and carried to the next hearing date shall be heard under "Old Business";
(7) Applications not previously heard by the Commission shall be heard under "New Business."
(a) Upon calling the case of a new application, the applicant, or the authorized agent or attorney, shall indicate to the Commission who will be representing the applicant at the hearing and who will be offering testimony regarding that application.
(b) An opening statement will be made by the Chairperson or the staff of the Commission regarding the application, specifically, what documents and evidence have been submitted to the Commission prior to the hearing date.
(c) An opening statement will be made by the owner, authorized agent or attorney representing the applicant, setting forth the overall intent of the proposed activities to be undertaken on the property in question.
(d) Following the opening statements, presentations will be made by the identified witnesses and evidence will be given in support of the proposed activities that directly relate to the property which is the subject of the hearing. Documents and other physical evidence that will be submitted to the Commission shall be appropriately designated by the Commission Secretary, using a consecutive numbering system.
(e) The opportunity to cross-examine such witnesses as may appear in support of the application shall be offered first to members of the public attending the hearing, and then to members of the Commission and then to Commission staff.
(f) Following the presentation of evidence in support of the application, and the cross-examination of any witnesses, statements, if any, of other interested persons, either for or against the proposed activities, will be heard by the Commission. Such statements shall be limited to such length of time as the Commission shall designate.
(g) Final disposition of any matter subject to public hearing before the Historic Preservation Advisory Commission shall be in accordance with the applicable provisions contained within the Historic Preservation Ordinance of Swedesboro. Copies of said final determinations shall be distributed in conformity with the provisions of said ordinance. If the vote taken on a specific application results in a tie, said vote will be deemed equivalent to a negative of the proposition subject to vote, and a resolution shall be formally entered into the record noting said fact.
(h) Following the presentation of the oral summation, the Commission shall enter into public deliberations regarding the testimony, offered, evidence submitted, and any issues raised by the public, the Commission members or Commission staff relating to the activities proposed to be undertaken by the applicant. Based upon these deliberations, the Commission shall render a decision either approving or denying the application. In the case of approval, conditions for that approval can be made as a part of the record. In either case, the Commission shall, at the following meeting, pass a resolution memorializing its decision and setting forth the testimony offered, evidence entered in the record, findings of fact, and the conclusions reached on the application.
(8) Following the conclusion of all new business to come before the Commission, the Commission shall take up such other business as may require its attention, including but not limited to: new grant applications; existing grant application projects; seminars; consideration of ordinance changes; consideration of new structures for designation as local landmarks, etc.
(9) Following the discussion of such additional business as noted above, the Commission shall open the meeting to receive any comments or questions from the general public as may be in attendance at the meeting.
(10) Following the presentation to the Commission by any members of the public, the Chairperson shall declare, upon a motion duly made and seconded, that the meeting be adjourned.
C. Time limits. The Swedesboro Historic Preservation Advisory Commission may, in its discretion, impose reasonable time limits upon the presentation of evidence and statements. The Chairperson of the Commission, at his/her discretion, may alter the order of procedure as circumstances may require and warrant.
D. Witnesses. All testimony offered by witnesses shall be given under oath of affirmation and said testimony may be given by question and answer method or, at the Chairperson's discretion, in statement form. Persons wishing merely to state a position for or against a proposed application need not be placed under oath or affirmation, except as may be directed by the Commission Chairperson.
E. Exhibits. Exhibits shall be marked for identification and shall be offered in an orderly fashion, they shall be made available for examination by any and all parties of interest. Leave to file post-hearing exhibits or information may be sought at the hearing, or thereafter in writing, which may be granted by the Chairperson. In the event leave to file post-hearing exhibits or information is granted, copies shall be served upon interested parties or representatives in person, or by United States mail, by certified return receipt, together with a signed statement that this rule has been complied with, which shall be attached to, or shall accompany, such documents submitted.
F. Evidence. Hearings shall be conducted in such a manner as shall result in a just and lawful determination of the issues as promptly as circumstances shall permit. The Commission shall make determinations as to the relevance and materiality of evidence. The Commission may require a preliminary statement of the nature of the evidence proposed to be elicited from any witness.

§ 183-6. Certificate of appropriateness.

A. Actions requiring a certificate of appropriateness. A certificate of appropriateness issued by the Historic Preservation Advisory Commission shall be required before a permit is issued by any of the following, or, in the event no other type of permit is otherwise required, before any work can commence on any of the following activities on the property of any landmark or within any historic district:
(1) Demolition of an historic landmark or of any improvement within any historic district.
(2) Relocation of any historic landmark or of any improvement within any historic district.
(3) Change in the exterior appearance of any existing landmark or of any improvement within any historic district by addition, alteration or replacement.
(4) Any new construction of a principal or accessory structure.
(5) Changes in or addition of new signs or exterior lighting, except that no certificate of appropriateness shall be required for one unlit facade sign per premises if the surface area of such sign does not exceed 1 1/2 square feet.
B. Exceptions. A certificate of appropriateness shall not be required for any repainting, repair or exact replacement of any improvement in the following situations:
(1) A certificate of appropriateness shall not be required before a permit is issued by the Construction Code Official for changes to the interior of a structure.
(2) A certificate of appropriateness shall not be required for exterior or interior painting of existing structures.
(3) A certificate of appropriateness shall not be required if, in the opinion of the Commission, the work contemplated constitutes "ordinary maintenance and repair" as defined by this chapter. In such cases, and if a permit is required for the proposed work, the Commission shall promptly notify the Construction Code Official that a certificate of appropriateness is not required as a prerequisite to the issuance of the permit.
(a) In terms of an exact replacement of finishes, materials or architectural elements, it is understood that the Historic Preservation Advisory Commission would prefer an applicant to maintain, stabilize, and repair the original or existing finishes, materials, or architectural elements before considering the replacement of same. However, should the original or existing finishes, materials, or architectural elements be of such a deteriorated condition as to require replacement, the new finishes, materials or architectural elements should be designed and installed to replicate the material, color, size, contour, configuration and design of that which is being replaced.
(b) When a structure within an historic district or a designated historic landmark requires immediate or emergency repair to preserve the continued habitability of the structure and/or the health, safety and welfare of the occupants, such repairs may be performed in accordance with the Borough Codes without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs shall be only such as are necessary to protect the health, safety and welfare of the occupants of the historic landmark, and/or to maintain the habitability of the landmark as determined by the Borough Construction Code Official. In such cases, the property owner shall immediately notify the Commission of such repairs. A request for review shall be made as soon as possible and no further work shall be performed upon the structure until an appropriate approval is obtained in accordance with the provisions for emergency review with cases of extreme emergency which call for extensive repairs or alterations.

§ 183-7. Applications for certificate of appropriateness.

A. Application procedure. Application for a certificate of appropriateness shall be made on forms available from either the Borough Clerk or the Secretary of the Historic Preservation Advisory Commission. Completed applications shall be delivered to the Secretary of the Historic Preservation Advisory Commission at Borough Hall.
B. Application information and supporting documents. Applications for a certificate of appropriateness shall include the following:
(1) All forms completed by the applicant.
(2) The following exhibits:
(a) Where new construction is proposed, an overall site plan layout, at a scale of one inch equals 20 feet, showing the location of all adjacent properties.
(b) Sufficient color photographs of all adjacent properties and buildings within a minimum of 60 feet of the landmark property lines. Each photograph shall be properly identified and referenced on the site plan.
(c) Elevation drawings may be optional at the Commission's request. All building elevations required shall be at a minimum scale of 1/8 inch equals one foot, and shall include the outline of each adjacent building at the same scale.
(d) Applicants should be prepared to furnish the Commission with manufacturer's catalog cuts as well as specifications for products to be used.
C. Time frame of decision by Commission. The Historic Preservation Advisory Commission shall reach a decision on the application within 45 days after the Secretary has declared an application to be complete; otherwise the application shall be deemed to have been approved. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Historic Preservation Advisory Commission. The Historic Preservation Advisory Commission may advise the applicant and make recommendations in regard to the appropriateness of proposed action, and may grant approval upon such conditions as it deems appropriate within the intent and purpose of the section of this chapter.
D. Demolition. The Historic Preservation Advisory Commission may postpone demolition of a landmark or an improvement within an historic district for a period of 12 months. No Borough official shall issue a demolition permit for a landmark or improvement within an historic district without approval from the Historic Preservation Advisory Commission. If the Historic Preservation Advisory Commission determines to postpone demolition, it shall promptly initiate such actions as may lead to the preservation of the landmark or improvement.
E. Rationale. If an application is approved, the Historic Preservation Advisory Commission shall forthwith issue a certificate of appropriateness. The Historic Preservation Advisory Commission shall state its reasons, in writing, in resolution form within 10 days of such a decision. This ten-day period shall not be considered part of the forty-five-day period established for reaching a decision in accordance with § 183-7C above. In case of disapproval, the Historic Preservation Advisory Commission shall notify the applicant, in writing, of such resolution of disapproval, and reasons therefor, and provide the applicant with a certified copy thereof. A summary of the Historic Preservation Advisory Commission's action shall be published by the Borough of Swedesboro in the official newspaper within 10 days of such action.
F. Distribution. The Secretary of the Historic Preservation Advisory Commission shall forward a copy of the Commission's written action, on an application, to the Construction Code Official and the Borough Planning Board or Joint Land Use Board if either body is also reviewing the application within 10 days of the Commission's decision.

§ 183-8. Standards of consideration.

In making its determinations and recommendations, the Historic Preservation Advisory Commission shall take into consideration specific standards, as set forth below:
A. Demolitions. In regard to an application to demolish an historic landmark or any improvement within an historic district, the following matters shall be considered:
(1) Its historic, architectural, archaeological, and/or aesthetic significance.
(2) Its use.
(3) Its importance to the Borough and the extent to which its historical, architectural or archaeological value is such that its removal would be detrimental to the public interest.
(4) The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty.
(5) The extent to which its retention would promote the general welfare by maintaining real estate values, generating business, creating new jobs, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in American history, stimulating interest and study in architecture and design, educating citizens in American culture and heritage, or making the Borough a more attractive and desirable place in which to live.
(6) If it is within an historic district, the probable impact of its removal upon the ambience of the historic district.
B. Removals out of the Borough. In regard to an application to move an historic landmark or any structure in an historic district to a location outside of the Borough, the following matters shall be considered:
(1) The historic loss to the site of the original location.
(2) The compelling reasons for not retaining the landmark or structure at its present location.
(3) The proximity of the proposed new location of the Borough, including the accessibility to the proposed new location to the Borough, including the accessibility to the residents of the Borough and other citizens.
(4) The probability of significant damage to the landmark or structure itself, as a result of the move.
(5) The applicable matters set forth in § 183-8A of this chapter.
C. Removals within the Borough. In regard to an application to move an historic landmark or any structure in an historic district to a new location within the Borough, the following matters shall be considered in addition to the matters set forth in § 183-8B of this chapter:
(1) The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the intent and purposes of this chapter.
(2) If the proposed new location is within an historic district, the visual compatibility factors as set forth in § 183-8G of this chapter.
D. Visual compatibility considered for additions or removals. In regard to an application to move a landmark or structure into an historic district, or to construct a new structure or add to or alter an existing structure within an historic district, or a landmark, the visual compatibility of the proposed structure with the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors as set forth in § 183-8G of this chapter.
E. Considerations on other actions. In regard to an application for approval of any proposed action, as set forth in Section 183-6 of this chapter, the following matters shall be considered:
(1) If an historic landmark or a structure in an historic district is involved:
(a) The impact of the proposed change on its historic and architectural character.
(b) Its importance to the Borough and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest.
(c) The extent to which there would be involvement of textures and materials that could not be reproduced or could be reproduced only with great difficulty.
(2) The use of any structure involved.
(3) The extent to which the proposed action would adversely affect the public's view of a landmark or structure within an historic district from a public street.
(4) If the application deals with a structure within an historic district, the impact the proposed change would have on the character and ambience of the historic district and the structure's visual compatibility with the buildings, places, and structures to which it would be visually related in terms of the visual compatibility factors set forth in § 183-8G of this chapter.
F. Additional matters considered. In regard to all applications, additional pertinent matters may be considered, but in no instance shall interior arrangement be considered.
G. Visual compatibility factors. The following factors shall be used in determining the visual compatibility of a building, structure or appurtenance thereof with the buildings and places to which they are visually related and shall be known as "visual compatibility factors":
(1) Height. The height of the proposed building shall be visually compatible with adjacent buildings.
(2) Proportion of the building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with the buildings and places to which it is visually related.
(3) Proportion of openings within the facility. The relationship of the width of the windows to the height of the windows in a building shall be visually compatible with the buildings and places to which it is visually related.
(4) Rhythm of solids to voids on front facade. The relationship of solids to voids in the front facade of a building shall be visually compatible with the buildings and places to which it is visually related.
(5) Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and the adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.
(6) Rhythm of entrance and/or porch projections. The relationship of the entrance or entrances and the porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.
(7) Relationship of materials, texture, and color. The relationship of materials, texture, and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.
(8) Roof shapes. The roof shapes of a building shall be visually compatible with the buildings to which it is visually related.
(9) Walls of continuity. Appurtenances of a building such as walls, open-type fencing, and evergreen landscape masses shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.
(10) Scale of building. The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
(11) Directional expression of front facade. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.
(12) Siting. New buildings should have the same relative placement on the lot as the older structures and the set back distance from the street should be equal.
(13) Exterior features. A structure's related exterior features such as lighting, fences, signs, sidewalks, driveways, and parking areas shall be compatible with the features of those structures to which it is visually related.

§ 183-9. Effect of certificate of appropriateness approval or denial; appeal.

A. Approved certificate of appropriateness deemed positive recommendation. If a certificate of appropriateness has been issued for an application that requires approval of the Planning Board or the Joint Land Use Board, the certificate of appropriateness shall be deemed to be a positive recommendation to the Planning Board or the Joint Land Use Board as to the historic preservation aspects of the matter before the Planning Board or the Joint Land Use Board.
(1) The Planning Board or Joint Land Use Board may, nevertheless, affirm or deny the application based on the entire record before it, notwithstanding the certificate of appropriateness as to the historic preservation aspects.
B. Denials of certificate of appropriateness.
(1) When the Commission denies certification on a development application, notice of such action and a full report on the reasons for the decision shall be sent to either the Joint Land Use Board or the Planning Board, depending on which Board is hearing the application. The applicant shall have the right to appeal the denial to the Planning Board or Joint Land Use Board.
(2) All other appeals of denials of a certificate of appropriateness shall be to the Planning Board.
C. Right of judicial review. Nothing herein shall be deemed to limit the right of judicial review of the Borough action after an appeal is concluded by the Joint Land Use Board of the Borough of Swedesboro.
D. Appeals. Appeals from determinations of the Construction Code Official pursuant to the Historic Preservation Advisory Commission's decision may be made by the applicant to the Joint Land Use Board, according to N.J.S.A. 40:55D-70a. Nothing herein shall be deemed to limit the right of judicial review of the action after an appeal is concluded by the Joint Land Use Board. The appellant shall pay all costs for copies of any transcript(s) required for appeal. If, in the case of an appeal made pursuant to this subsection, the Joint Land Use Board determines there is an error in any order, requirement, decision or refusal made by the Construction Code Official pursuant to a determination rendered by the Historic Preservation Advisory Commission, the Joint Land Use Board shall, in writing, include the reasons for its determination in the findings of its decision thereon.
E. Posting. The owner shall post the certificate of appropriateness on a conspicuous spot on the exterior of the designated property visible to the public during the entire process of work.
F. Inspection. When a certificate of appropriateness has been issued, the Construction Code Official or his/her appointee shall, from time to time, inspect the work approved by such certificate and shall regularly report to the Commission the results of such inspections, listing all work inspected and reporting any work not in accordance with such certificate.
G. Expiration. A certificate of appropriateness shall be valid for a period of two years from date of issue unless reasonable extensions are requested by the applicant or the Commission.
H. Violations. The performance of unauthorized activities shall be deemed to be a violation of this chapter and may subject the responsible parties to sanctions imposed hereunder.
I. Minor applications. The Chairperson of the Historic Preservation Advisory Commission, or other designated member(s) of the Commission acting on the Chairperson's behalf, may review applications for minor work ("minor applications") without holding a public hearing. If the Chairperson finds the application appropriate, he/she may act in place of the full Commission without the necessity of a public hearing and is authorized to issue a certificate of appropriateness to the Construction Code Official for said minor work. The Construction Code Official shall then authorize the applicant to proceed and issue any required permit associate therewith. If the Chairperson does not find the application appropriate, the application shall be scheduled for a public hearing before the full Commission.
J. Emergency procedures.
(1) When an historic landmark or an historic district resource requires immediate repair to preserve its continued habitability and/or the health and safety of its occupants or others, emergency repairs may be performed in accordance with applicable construction codes immediately upon approval of the Construction Code Official, who shall certify that a bona fide emergency of the type referenced herein exists, without first obtaining a certificate of appropriateness from the Commission. Under such circumstances, the repairs performed shall be only such as are necessary to preserve the continued habitability of the building or structure and/or the health and safety of its occupants or others. Where feasible, temporary measures to prevent further damage shall be used, provided these measures are reversible without damage to the building or structure.
(2) Simultaneously with the commencement of the emergency work, the property owner shall make a request for a certificate of appropriateness from the Commission memorializing the approval for said emergency work. This request shall be made through the Construction Code Official pursuant to the procedures set forth above.
(3) It should be noted that the procedures outlined in this subsection should be strictly limited to those circumstances which, in the opinion of the Construction Code Official, rise to the level of a bona fide emergency of the type referenced above. No work in addition to the emergency repairs shall be performed until an appropriate request for approval has been granted by the Construction Code Official and Historic Preservation Advisory Commission pursuant to the procedures set forth above.
K. Requirements of obtaining certificates of appropriateness for government actions.
(1) It is recognized that the intent and purposes of this chapter would not be fully served if the municipality and other governmental agencies were to control the actions of others but fail to apply similar constraints to itself. The Borough of Swedesboro, when it plans to undertake any work on any municipally owned historic landmark or on any municipally owned property in an historic district, shall submit such plans to the Historic Preservation Advisory Commission and shall receive an advisory report on the appropriateness of those plans before undertaking the work.
(2) In those circumstances where the Borough cannot require compliance, as in certain cases involving the county, state and federal governments, the Borough most strongly urges the voluntary cooperation of such agencies in seeking a certificate of appropriateness and hereby authorizes the Commission to consider such requests and applications. This does not relieve the property owner from complying with applicable state and federal regulations regarding historic preservation.

§ 183-10. Violations and penalties.

A. Any person who shall undertake any activity in relation to a landmark or improvement within an historic district without first having obtained a certificate of appropriateness shall be deemed to be in violation of this chapter.
B. Service of notice of violation. Upon learning of the violation, the Construction Code Official shall personally serve upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the landmark or improvement to its status quo ante. If the owner cannot be personally served within the Borough with the said notice, a copy of same shall be posted on the site in question and a copy be sent by certified mail, return receipt requested, to the owner at his/her last known address, as it appears on the Borough tax rolls.
C. Issuance of summons and complaint. In the event that the violation is not abated within the specified ten-day period following service and/or posting on the site in question, whichever is earlier, the Construction Code Official shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging violation of this chapter. Each separate day the violation exists shall be deemed to be a new and separate violation of this chapter.
D. Penalties. Any person violating any of the provisions of this chapter shall be punished as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty. Each day that a violation of this chapter continues shall be a separate chargeable offense. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. Injunctive relief. In the event that any action which would permanently and/or adversely change the landmark or historic district, such as demolition or removal is about to occur without a certificate of appropriateness having been issued, the Construction Code Official is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of any landmark.

§ 183-11. Preventive maintenance.

A. Recognizing the need for preventive maintenance to ensure the continued useful life of landmarks and structures in historic districts, the Borough Council of the Borough of Swedesboro hereby declares that code enforcement in relation to landmarks and structures in historic districts is a high Borough priority.
B. Deterioration and service of notice of violation. In the event that any landmark or improvement in an historic district deteriorates to the point that, in the best estimate of the Borough Construction Code Official, the cost of correcting the outstanding code violations equals more than 25% of the cost of replacing the entire improvement on which the violations occur, the Construction Code Official shall serve personally or by certified mail, return receipt requested, a notice on the owner of the landmark listing the violations, the estimate for their abatement, and the replacement cost of the improvement and stating if the owner does not take all necessary remedial action within 90 days, or such extensions of time as the Construction Code Official shall for good cause grant, the Borough may at the expiration of the 90 days period, enter upon the property in question and abate the violations itself and cause the cost thereof to become a lien on the property.
C. Request for hearing by property owner. Upon receipt of such notice from the Borough Construction Code Official, the owner may, within 10 days after such a receipt, notify the Construction Code Official of his/her wish to have a hearing as to the allegations and estimates set forth in the Construction Code Official's notice. Such hearing shall be conducted by the Planning Board and shall, so far as possible, be a formal adversary proceeding in which the Planning Board shall establish the matters alleged in the notice by a preponderance of the evidence.
D. No request for hearing. If the owner does not request a hearing, the procedures set forth above shall pertain. If a hearing is requested, the Construction Code Official will, within 10 days following the hearing, serve on the owner an opinion of the Planning Board, in writing, setting forth the conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to § 183-10B of this chapter.
E. Violation abatement by Borough. Thereafter, if the owner of the property in question does not comply, the Construction Code Official may enter onto the premises and, by use of Borough labor or outside contractors or both, perform such work as is necessary to abate all violations.
(1) The Construction Code Official shall then certify to the Borough Council of the Borough of Swedesboro the cost of such work, plus all administrative, clerical and legal costs and overhead attributable thereto and shall present same to the Borough Council of the Borough of Swedesboro.
(2) The Borough Council of the Borough of Swedesboro may, by resolution, vote to cause the sum so certified to become a lien upon the landmark property in question, payable with the next quarter's property taxes and, if not paid, bearing interest at the same rate as delinquent taxes.

§ 183-12. Permit review.

It shall be the duty of all Borough officials reviewing all permit applications involving real property or improvements thereon to determine whether such applications involve any activity which should also be the subject of an application for a certificate of appropriateness, and, if it should, to inform, in writing, both the Secretary of the Commission and the applicant in a timely fashion.

§ 183-13. Designated list and map of landmarks and historic districts.

A. The properties hereinafter set forth are the designated list of landmarks and historic sites established by the Historic Preservation Advisory Commission of the Borough of Swedesboro pursuant to § 183-4 of this chapter.
(1) Individual properties recognized by their listing on the New Jersey Register of Historic Places and/or the National Register of Historic Places:
(a)
Richardson Avenue School (NJ HPO ID#3221)
Richardson and Second Avenues
NR: 6-18-1998 (NR Reference #: 98000703)
NJR: 4-24-1998
(b)
John C. Rulon House (NJ HPO ID#3703)
1428 Kings Highway
NR: 11-22-2000 (NR Reference #: 00001404)
NJR: 10-12-2000
(c)
Trinity Church (NJ HPO ID#1415)
NW Corner of Church Street and King's Highway
NR: 1-25-1973 (NR Reference #:73001098)
NJR: 5-1-1972
(d)
Vanleer Cabin (NJ HPO ID#1416)
1129 Kings Highway
NJR: 3-30-1972
B. A map depicting the aforesaid designated list of landmarks and historic districts, entitled "Historic District and Landmarks" as approved by the Swedesboro Historic Preservation Advisory Commission, shall be maintained in the Borough Clerk's office for public inspection. Said map may be revised, from time to time, pursuant to ordinance, to include additional landmarks and historic districts.

§ 183-14. Interpretative statements.

A. Nothing contained within this chapter shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner of complying with the requirements of any other state statutes or municipal ordinances or regulations.
B. In the event of any inconsistency, ambiguity or overlapping of requirements between these provisions and any other requirements enforced by the municipality, the more restrictive shall apply, to the effect that state and/or federal legislation has not preempted the municipality's power to enforce more stringent standards.
C. This chapter's requirements should not be viewed as requiring or prohibiting the use of any particular architectural style, rather the purpose is to preserve the past by making it compatible with and relevant to the present. To that end, new construction in or near an historic building and/or structure should not necessarily duplicate the style, rather it should be compatible with and not detract from the building, structure, neighborhood and its environment.
D. In no case shall this chapter be interpreted to review or regulate activities for repair or installation of public utility lines, including water, sewer, telephone, gas, electric; or any underground improvement; any other utility improvement that does not affect the exterior of an existing structure or does not constitute a new building or structure; or improvements within the public right-of-way.
E. If any section, paragraph, subsection, clause or provision of this chapter shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.
F. This chapter shall take effect upon final adoption, publication, and the filing of a copy of said chapter with the Gloucester County Planning Board, all in accordance with law.

Chapter 188. HOMEOWNER PROTECTION

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 10-15-2007 by Ord. No. 29-2007. Amendments noted where applicable.]

GENERAL REFERENCES

Affordable housing — See Ch. 68.
Land use procedures — See Ch. 200.
Site plan review — See Ch. 268.
Subdivision of land — See Ch. 290.
Zoning — See Ch. 340.

§ 188-1. Restrictions on use of eminent domain for economic development.

The Mayor and Council of the Borough of Swedesboro will not and henceforth cannot use the power of eminent domain to forcibly take any parcel of real estate containing a legally permitted and currently utilized residential use (i.e., an occupied residential dwelling or dwelling unit being utilized as a residence at the time of the attempted taking), with or without fair compensation, for the purposes of economic development and/or to make such property available to another private real estate developer to facilitate a better use for said property in the supposed interest of the Borough of Swedesboro.

§ 188-2. Eminent domain for public purpose.

Nothing herein shall be construed to remove or otherwise limit the preexisting and currently existing power of the Borough of Swedesboro to use the power of eminent domain where necessary to promote a true direct public purpose such as the erection of a government-owned public school, hospital, roadway, public utility, public right-of-way easement, water and sewer easement or other such true public purpose other than economic development or redevelopment.

§ 188-3. Nonresidential and unoccupied properties.

Nothing herein should be construed to restrict or limit the otherwise recognized powers of the Borough of Swedesboro with regard to nonresidential properties containing no occupied residential dwelling or dwelling unit, abandoned properties, legally condemned properties, or properties which are not legally allowed to contain a residential dwelling or dwelling unit pursuant to the presently existing laws regarding zoning, occupancy, general housing or living conditions or overall land use and land regulation, and nothing herein shall be construed to limit or negate the enforceability or continued authority of such laws. Nevertheless, for a residential dwelling or residential dwelling unit within the Borough of Swedesboro to be considered "unoccupied" and thus outside the protection of this chapter with regard to the limitation of the powers of local eminent domain, said dwelling or dwelling unit must be unoccupied for a period of at least 90 days.

§ 188-4. Voluntary agreements.

Nothing herein shall be construed to prohibit or discourage the Borough of Swedesboro or any of its elected officials or agents from discussing or negotiating with owners of residential dwellings or dwelling units within the Borough of Swedesboro, as to proposed voluntary sales or transfers of lands, or proposed alternate uses of said property, for the purpose of advancing positive economic development within the Borough of Swedesboro, nor shall such voluntary agreements as may be reached with any such owners, for such compensation as any such owners may voluntarily deem sufficient, be considered to be in violation of this chapter.

Chapter 200. LAND USE PROCEDURES

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 12-20-1976 (Ch. 21 of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Environmental Commission — See Ch. 7, Art. III.
Uniform construction codes — See Ch. 120.
Fees — See Ch. 140.
Site plan review — See Ch. 268.
Subdivision of land — See Ch. 290.
Zoning — See Ch. 340.

Article I. General Provisions

§ 200-1. Definitions.

Whenever a term is used in this chapter which is defined in P.L. 1975, c. 291, such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.

§ 200-2. Repeal of inconsistent provisions.

All sections of Chapter 290, Subdivision of Land, Chapter 340, Zoning, Chapter 268, Site Plan Review, or any other ordinance of the Borough of Swedesboro which contains provisions contrary to the provisions of this chapter shall be and are hereby, to the extent of such inconsistency, repealed.

§ 200-3. Effect on pending applications and appeals.

All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Article IV of this chapter.

§ 200-4. Short title.

This chapter shall be known and may be cited as the "Land Use Procedures Ordinance of the Borough of Swedesboro."

§ 200-5. Copies to be filed with County Planning Board.

Immediately upon adoption of this chapter, the Municipal Clerk shall file a copy of this chapter with the County Planning Board as required by law. The Clerk shall also file with said County Planning Board copies of all other ordinances of the municipality relating to land use, such as the Subdivision, Zoning and Site Plan Review Ordinances.

Article II. Planning Board

§ 200-6. Establishment; composition.

There is hereby established pursuant to P.L. 1975, c. 291, in the Borough of Swedesboro a Planning Board of seven members consisting of the following four classes:
A. Class I: the Mayor of the Borough of Swedesboro or the Mayor's designee in the absence of the Mayor. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. Class II: one of the officials of the Borough of Swedesboro, other than a member of the governing body, to be appointed by the Mayor.
C. Class III: a member of the governing body to be appointed by it.
D. Class IV: other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment. One Class IV member may be a member of the Board of Education. The member of the Environmental Commission Editor's Note: As to members of the Environmental Commission generally, see Ch. 7, Art. III, Environmental Commission. who is also a member of the Planning Board, as required by Section 1 of P.L. 1968, c.245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
[Amended 12-20-2004 Editor's Note: This ordinance also repealed original Subsection E, regarding alternate Planning Board members, which subsection was added 5-6-1985 and immediately followed this subsection. ]

§ 200-7. Terms.

A. The term of the member composing Class I shall correspond with the Mayor’s official tenure or, if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first. The term of the Class IV member, who is also a member of the Environmental Commission, shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be distributed evenly over the first four years after their appointment as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four 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 terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years except as otherwise hereinabove provided. All terms shall run from January 1 of the year in which the appointment is made.
C. Appointment of alternate members.
[Added 12-20-2004]
(1) Alternate members shall be appointed by the Mayor and shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." The terms of the alternate members shall be two years, except that the terms of the alternate members shall be such that the terms of not more than two alternate members shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of a term shall be filled by the Mayor for the unexpired term only.
(2) No alternate member is permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the governing body for cause.
(3) Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

§ 200-8. Vacancies.

If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.

§ 200-9. Organization.

The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary, who may be either a member of the Planning Board or a municipal employee designated by it.

§ 200-10. Planning Board Attorney.

There is hereby created the Office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Municipal Attorney.

§ 200-11. Experts and staff.

The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not however exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

§ 200-12. Powers and duties.

[Amended 12-20-2004]
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. The Board's zoning powers shall be in accordance with N.J.S.A. 40:55D-69 et seq., and amendments and supplements thereto, and with the provisions of this chapter. It shall also have the following powers and duties:
A. To make and adopt and from time to time amend a Master Plan for the physical development of the Borough of Swedesboro, including any areas outside its boundaries, which, in the Board's judgment, bear essential relation to the planning of the Borough of Swedesboro, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. To administer the provisions of Chapter 290, Subdivision of Land, and Chapter 268, Site Plan Review, of the Code of the Borough of Swedesboro in accordance with the provisions of said ordinances and the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
C. To approve conditional use applications in accordance with the provisions of Chapter 340, Zoning, pursuant to N.J.S.A. 40:55D-67.
D. To participate in the preparation and review of programs or plans required by state or federal law or regulations.
E. To assemble data on a continuous basis as part of a continuous planning process.
F. If requested to do so by the governing body, to annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.
G. To consider and make report to the governing body within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass upon other matters specifically referred to the Planning Board by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.
H. Variance or direction for issuance of a permit.
(1) Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
I. To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.
J. The powers of the Board shall be in accordance with N.J.S.A. 40:55D-69 et seq. (Article 9 of P.L. 1975, c. 291), and amendments and supplements thereto, and with the provisions of this chapter.
K. It is further the intent of this chapter to confer upon the Board as full and complete powers as may lawfully be conferred upon any Zoning Board of Adjustment, including, but not by way of limitation, the authority in connection with any case, action or proceeding before the Board to interpret and construe the provisions of Chapter 340, Zoning, or any term, clause, sentence or word thereof, and the Zoning Map, in accordance with the general rules of construction applicable to legislative enactments. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
L. The Board shall have such powers as are granted by law to hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapter 340, Zoning.
M. Hear and decide requests for interpretation of the Zoning Map or Chapter 340, Zoning, or for decisions upon other special questions upon which such Board is authorized by the Chapter 340, Zoning, to pass.
N. Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property for the structures lawfully existing thereon, the strict application of a regulation in Chapter 340, Zoning, or in the Land Use Law, Chapter 219 of the Laws of 1875, Editor's Note: See N.J.S.A. 40:55D-1 et seq. would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property; grant, upon an application or appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; likewise, wherein an application or appeal relating to a specific piece of property, the purpose of the Land Use Act, Chapter 291 of the Laws of 1975, would be advanced by a deviation from Chapter 340, Zoning, requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article VIII of the Municipal Land Use Act; provided, however, that no variance from those departures enumerated in Subsection 9(P) of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to Section 47a of the Municipal Land Use Law, Chapter 291 of the Laws of 1975.

§ 200-13. Time limit for acting on applications.

A. Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval, unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the county recording officer.
B. Preliminary approval for major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.
C. Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article II, § 200-12H of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
D. Final approval.
(1) Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant.
(2) Final approval of a major subdivision shall expire 95 days from the date of the signing of the plat, unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat.

§ 200-14. Procedure for filing applications.

Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of P.L. 1975, c. 291, shall be filed with the Secretary of the Planning Board. The applicant shall file, at least 14 days before the date of the monthly meeting of the Board, three copies of a sketch plat, three copies of applications for minor subdivision approval, three copies of an application for major subdivision approval or three copies of an application for site plan review, conditional use approval or planned development. At the time of filing the application but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.

§ 200-15. Appeals and applications.

[Added 12-20-2004]
A. Appeals to the Board may be taken by any interested party. Each appeal shall be taken within the 20 days prescribed by the statute of filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of said notice with the Secretary of the Board. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
B. Applications addressed to the original jurisdiction of the Board without prior application to an administrative officer shall be filed with the Secretary of the Board. Three copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for the hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Board. The applicant shall obtain all necessary forms from the Secretary of the Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate a proceeding and of the regular meeting dates of the Board.
C. An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.

§ 200-16. Powers to reverse or modify decisions.

[Added 12-20-2004]
In exercising the above-mentioned power, the Board may, in conformity with the provisions of P.L. 1975, c. 291, Editor's Note: See N.J.S.A. 40:55D-1 et seq. or amendments thereto or subsequent statutes applying, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.

§ 200-17. Expiration of variance.

[Added 12-20-2004]
Any variance from the terms of this chapter hereafter granted by the Board permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation, unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within one year from the date of publication of the notice of the judgment or determination of the Board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board to the governing body or to a court of competent jurisdiction, until the termination of any manner of such appeal or proceeding.

§ 200-18. Additional powers.

[Added 12-20-2004]
A. The Board shall, in addition to the powers specified in § 200-12 of this chapter, have power given by law to:
(1) Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.
(2) Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
B. The Board shall have the power to grant subdivision or site plan approval pursuant to Article 6 of P.L. 1975, c. 291, or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the Board is reviewing an application for approval of the use variance pursuant to § 200-12N of this chapter.

§ 200-19. Time limit for decision.

[Added 12-20-2004]
A. The Board shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or not later than 120 days after the date of submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70b.
B. Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

§ 200-20. Annual report.

[Added 12-20-2004]
The Board shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt, by resolution, a report on its findings on Chapter 340, Zoning, provisions which were the subject of variance requests and its recommendations for Chapter 340, Zoning, amendments or revisions, if any. The Board shall send copies of the report and resolution to the Borough of Swedesboro Council.

§ 200-21. Citizens' Advisory Committee.

The Mayor may appoint one or more persons as a Citizens' Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.

§ 200-22. Referrals to Environmental Commission.

Whenever the Environmental Commission Editor's Note: See Ch. 7, Art. III, Environmental Commission. has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding. Editor's Note: Original Art. III, Zoning Board of Adjustment, as amended, was repealed 12-20-2004.

Article III. Additional Provisions Applicable to Planning Board

§ 200-23. Conflicts of interest.

[Amended 12-20-2004]
No member of the Planning Board shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.

§ 200-24. Meetings.

A. Meetings of the Planning Board shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
[Amended 12-20-2004]
B. Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
C. No action shall be taken at any meeting without a quorum being present.
D. All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of P.L. 1975, c. 291.
E. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, P.L. 1975, c. 231.

§ 200-25. Minutes.

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.

§ 200-26. Fees.

[Amended 3-7-1988; 9-2-1997; 12-20-2004; 7-5-2005; 9-5-2006; 4-6-2009 by Ord. No. 7-2009; 5-4-2009 by Ord. No. 12-2009 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
No subdivisions, developments or site plans shall be approved and no building permits shall be issued by the Borough of Swedesboro until such time as all application fees have been paid and all escrow accounts established for inspections, in accordance with the following provisions. The escrow fees are required at the time of submission and are considered minimum deposits. An application for development shall not be deemed complete until all required fees have been paid. Fees and escrow deposits shall be as set forth in Chapter 140, Fees.

§ 200-27. Technical plan review escrow fee deposits.

[Added 3-7-1988; amended 12-20-2004; 4-6-2009 by Ord. No. 7-2009; 5-4-2009 by Ord. No. 12-2009]
Escrow fees shall be applied to professional costs charged by the Borough's professional consultants for services rendered in the review of the application. Additional escrow fees shall be required when the original escrow amount is depleted by 50% or more and the application review is still in progress. The amount of additional escrow fees required shall be the difference between the remaining escrow amount and the original escrow fees deposited. The review of any application which is found to be deficient in the required escrow monies shall cease until the additional escrow fees are deposited.

§ 200-28. Deposit of funds.

[Added 3-7-1988]
All moneys received by the Borough in accordance with the provisions of this chapter shall be paid to the Borough of Swedesboro Treasurer, who shall provide a suitable depository therefor and shall establish individual escrow accounts where required by this chapter. Such funds shall be used only for the purpose and requirements herein stated. The cash security for plan review and inspection shall be held by the Borough Treasurer in escrow trust accounts. Under no circumstances shall the Borough pay or be liable for an interest on any funds deposited with the Borough as a performance or maintenance guaranty. Any unused funds shall be returned by the Borough Treasurer to the applicant.

§ 200-29. Fees not otherwise provided for.

[Added 3-7-1988; amended 12-20-2004]
Fees for applications or for the rendering of any service by the Planning Board or any member of their administrative staff which are not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Board, and copies of said rules of the separate fee schedules shall be available to the public.

§ 200-30. Hearings.

A. Rules. The Planning Board shall make rules governing the conduct of hearings before it, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
[Amended 12-20-2004]
B. Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C. Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
D. Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E. Records. The Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Board shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense.
[Amended 12-20-2004]

§ 200-31. Notice requirements.

A. Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant to the determination of the municipal agency in question, the applicant shall give notice thereof as follows:
(1) Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
(2) Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by:
(a) Serving a copy thereof on the owner, as shown on said current tax duplicate, or his agent in charge of the property; or
(b) Mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
(3) Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to § 200-31B of this chapter to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(4) Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
(5) Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(6) Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Subsection 6b of P.L. 1975, c. 291.
B. All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearings, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
C. Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
D. Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.

§ 200-32. List of property owners furnished.

[Amended 9-6-1977 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Borough of Swedesboro shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as set forth in Chapter 140, Fees, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Article III, § 200-31B, of this chapter.

§ 200-33. Decisions.

A. Each decision on any application for development shall be set forth in writing as a resolution of the Board, which shall include findings of fact and legal conclusions based thereon.
B. A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or, if represented, then to his attorney without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Municipal Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.

§ 200-34. Publication of decisions.

[Amended 12-20-2004]
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.

§ 200-35. Payment of taxes.

[Amended 12-20-2004]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application, or if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by the Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the Borough of Swedesboro will be adequately protected.

Article IV. Appeals

§ 200-36. Appeals to Planning Board.

[Amended 12-20-2004; 9-5-2006 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
An appeal to the Planning Board may be taken by any interested party affected by any decision of the administrative officer of the Borough of Swedesboro based on or made in the enforcement of Chapter 340, Zoning, or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in Article II, § 200-15, of this chapter and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975. Fees for appeals shall be a set forth in Chapter 140, Fees.

§ 200-37. Appeals from Planning Board to governing body.

[Amended 12-20-2004]
An appeal from any decision of the Planning Board granting a use variance pursuant to the provisions of N.J.S.A. 40:55D-17d may be taken to the governing body, provided that such appeal shall be made within 10 days of the date of publication of such final decision of the Planning Board.

§ 200-38. Zoning and planning appeals to governing body.

[Amended 12-20-2004]
A. Any interested party may appeal to the Borough Council any final decision of the Swedesboro Planning Board approving an application for development pursuant to Subdivision d of N.J.S.A. 40:55D-70. Such appeal shall be made within 10 days of the date of publication of such final decision and shall be made in accordance with N.J.S.A. 40:55D-17.
B. The Borough Council may reverse, remand or affirm (with or without the imposition of conditions) the final decision of the Planning Board. Such review shall be made on the record made before the Board. The affirmative vote of a majority of the full authorized membership of the Borough Council shall be necessary to reverse, remand or affirm (with or without conditions) any final action of the Board. The action of the Borough Council, as set forth in this subsection, shall be incorporated in a written resolution memorializing the action taken.

Chapter 206. LITTERING

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 6-7-1982 (Ch. 71, Art. I, of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Property maintenance — See Ch. 241.
Solid waste — See Ch. 276.

§ 206-1. Definitions.

The following terms, as used in this chapter, shall have the meanings indicated:
AUTHORIZED PRIVATE RECEPTACLE
A litter storage or collection receptacle approved by the Borough.
BOROUGH
The Borough of Swedesboro, located in the County of Gloucester and State of New Jersey.
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:
A. Which advertises any merchandise, product, commodity or thing for sale;
B. Which directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales;
C. Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of gain or profit. The terms of this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind when it is held, is given or takes place in connection with the dissemination of information which does not violate the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license where such license is or may be required by a law of this state or by an ordinance of the Borough; or
D. Which, while containing reading matter other than advertising matter, is predominately and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
GARBAGE
Putrescible animal and vegetable waste resulting from either the handling, preparation, cooking or consumption of food.
HANDBILL
Includes both commercial handbills and noncommercial handbills, as such terms are defined in this section.
LITTER
Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
[Amended 2-20-2007 by Ord. No. 11-2007]
NEWSPAPER
Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation and any newspaper filed and recorded with any recording office as provided by general law. In addition, "newspaper" means and includes any periodical or magazine regularly published with not less than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, circular, dodger, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a "commercial handbill" and "newspaper."
PARK
A park, playground, recreation center or any other public area owned or used by the Borough of Swedesboro or other public entity or government, which is devoted to recreational purposes.
PRIVATE PREMISES
Any dwelling, house, building or other structure designated or used, either wholly or in part, for private residential purposes, whether inhabited or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Any or all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
PUBLIC STRUCTURE OR BUILDING
Any structure or building owned or operated by the federal, county or state government or any governmental agency.
REFUSE
All putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, dismantled automobiles and parts thereof, scrap metal, junk, machinery and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes, consisting of both combustible and noncombustible wastes, such as papers, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, building materials and similar materials.
TAKE-OUT RESTAURANT, LUNCHEONETTE or DELICATESSEN
All retail stores which permit off-premises consumption of food or beverage.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

§ 206-2. Littering of public places.

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Borough, except in public receptacles or in authorized private receptacles for collection; provided, however, that said public receptacles shall not be used by persons owning or occupying property in the vicinity of said public receptacles for the deposit of domestic, commercial and industrial litter arising from the conduct of said activities.

§ 206-3. Placement in receptacles.

Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner so as to prevent it from being carried or deposited by the elements upon any streets, sidewalks or other public place.

§ 206-4. Littering of streets, sidewalks and gutters.

No person shall sweep into or deposit in any gutter, street or other public place within the Borough the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep all sidewalks of said premises free of litter.

§ 206-5. Littering from vehicles or boats.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). No person while a driver or passenger in a vehicle or boat shall throw or deposit litter upon any street or body of water or other public place within the Borough. Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this chapter, the operator or owner, or both, of the motor vehicle or boat shall be deemed to have violated this chapter.

§ 206-6. Littering from trucks.

No person shall drive or move any truck or other commercial vehicle unless the vehicle is so constructed or loaded as to prevent any litter from being blown or deposited upon any street, alley or other public place or private premises. No person shall drive or move any vehicle or truck if the wheels or tires carry onto or deposit in any street, alley or other public place any mud, dirt, sticky substance or foreign matter of any kind from any other place than the traveled portion of a public street or alley.

§ 206-7. Littering of parks.

No person shall throw or deposit litter in any park except in public receptacles and in such manner as to prevent such litter from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried from the park by the person responsible for its presence and shall be properly disposed of elsewhere.

§ 206-8. Littering of bodies of water.

No person shall throw or deposit litter in any fountain, lake, pond, stream or any other body of water.

§ 206-9. Distribution of handbills in public places.

A. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place.
B. No person shall hand out or distribute or sell commercial handbills in any public place; provided, however, that it shall not be deemed unlawful for any person to hand out or distribute without charge to the receiver thereof, in any sidewalk, street or other public place, any noncommercial handbill to any person who is willing to accept it.

§ 206-10. Placing of handbills on vehicles.

No person shall throw or deposit any handbill in or upon any vehicle; provided, however, that it shall not be unlawful for a person to hand out or distribute, without charge to the receiver thereof, in any public place a noncommercial handbill to any occupant of a vehicle who is willing to accept it.

§ 206-11. Posting of signs prohibiting distribution of handbills.

No person shall throw, deposit or distribute any handbill in or upon any private premises if requested by anyone in or upon such premises not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words NO HANDBILLS, NO TRESPASSING, NO PEDDLERS OR AGENTS, NO ADVERTISEMENT, or any similar notice indicating that the occupants of said premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.

§ 206-12. Placing of handbills on vacant premises.

No person shall throw or deposit any handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

§ 206-13. Distribution of handbills on inhabited premises.

No person shall throw, deposit or distribute any handbill in or upon private premises which are inhabited, except by handing or transmitting such handbill directly to the owner, occupant or other person then present, except as hereinafter provided. A person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill in or upon inhabited private premises if the premises are not posted as provided under § 206-9B above and the handbill is placed or deposited so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places or private premises. Mailboxes may not be so used when prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers as defined in this chapter; provided, however, that newspapers shall be placed on private premises in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or any other public place or upon private property.

§ 206-14. Posting of notices.

No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any public lamppost, public utility pole, shade tree or upon any public structure or building or upon any official traffic control devices except as may be authorized or required by law.

§ 206-15. Littering of occupied private premises.

No person shall throw or deposit litter on any occupied private property, whether owned by him or not, except that the owner or person in control of private property shall maintain private receptacles for collection in such a manner that litter will not be carried or deposited by the elements upon any other public place or upon any private property.

§ 206-16. Maintenance of private premises.

The owner or person in control of any private property shall at all times maintain the premises free of litter. This section shall not be construed to prohibit the storage of litter in private receptacles for collection.

§ 206-17. Littering of vacant lots.

No person shall throw or deposit litter on any open or vacant private property, whether owned by such person or not.

§ 206-18. Clearing of private premises by Borough.

A. Notice to remove. The Chief of Police or his duly designated agent or the Code Officer is authorized and empowered to notify the owner of any private premises or vacant land, or the tenant or agent of such owner, to dispose properly of litter located on such owner's property which is dangerous to public health, safety or welfare. Notice shall be by registered or certified mail, return receipt requested, addressed to said property owner or his agent or tenant at his last known address or served personally upon said owner, tenant or agent. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of said litter within 10 days from receipt of written notice specified in Subsection A of this section or within 10 days after the date of such notice in the event it is returned to the Borough by the Post Office Department because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner, tenant or agent, the Borough Clerk or his duly designated agent is authorized and empowered to pay for disposing of such litter or to order its disposal by the Borough.
C. When the Borough has effected the removal of dangerous litter or has paid for its removal, the actual cost thereof shall, unless paid by the owner prior thereto, be charged to the owner of the property on the next regular tax bill forwarded to the owner by the Borough. The charge shall be due and payable by the owner at the time set for payment of the tax bill.
D. Where the full amount due the Borough is not paid by the owner within 30 days after the disposal of such litter as specified in Subsections B and C of this section, then and in that case, the Treasurer shall certify the cost thereof to the Borough Tax Collector, who shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty at the same rate as in the case of taxes in the event that they are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the Treasurer in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.

§ 206-19. Responsibility of owner for quasi-public places.

The owner shall be responsible for keeping the sidewalk, flagging, curbstone and the air shafts, areaways, back yards, courts, parking lots, alleys, etc., free from litter.

§ 206-20. Receptacles.

It is hereby declared to be a duty of the owner or operator of a take-out restaurant, delicatessen or luncheonette to provide not less than one authorized private receptacle for the receipt of trash, litter, paper, napkins, cups and remnants of food and nonfood items at each exit, available to the patrons as they leave the premises. If the owner or operator of same shall fail to provide such receptacle, he shall be fined, upon conviction, as provided in this chapter.

§ 206-21. Enforcement.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The Police Department or Code Officer is hereby empowered and authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter.

§ 206-22. Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punished as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

§ 206-23. Notice required.

No complaint shall be filed for violations and penalties until the owner shall have been given 72 hours' notice as provided in § 206-18A to dispose properly of said litter.

Chapter 217. NOISE

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Vehicles and traffic — See Ch. 110.
Noise — See Ch. 370.

Article I. Engine-Braking

[Adopted 4-4-2005 (Ch. 64 of the 1982 Code)]

§ 217-1. Definitions.

As used in this article, the following terms shall have the meanings indicated:
ENGINE-BRAKING
The use or operation of any mechanical exhaust device designed to aid in braking, decompression or deceleration of any motor vehicle which results in excessive, loud, unusual or explosive noise from such vehicle.

§ 217-2. Engine-braking prohibited.

It shall be unlawful for the driver of any motor vehicle to use or operate, or cause to be used or operated, at any time and on any road within the Borough of Swedesboro, any mechanical exhaust or decompression device which results in the practice known as "engine-braking."

§ 217-3. Exempt noise.

The provisions of this article shall not apply to the application of unmuffled compression brakes where necessary for the protection of persons and/or property which cannot be avoided by application of an alternative braking system. Noise caused by the application of engine compression brakes, otherwise known as "engine-braking," which is effectively muffled, or if the application is necessary for the health, safety and welfare of the community, is exempt from the provisions of this article. Sounds created by emergency equipment for emergency purposes are also exempt.

§ 217-4. Posting of signs.

The Borough is hereby authorized to post at reasonable locations within the Borough signs indicating the prohibition of engine-braking.

§ 217-5. Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Any person or persons convicted of a violation of the provisions of this article shall be punished as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty. Each day the violation occurs shall be deemed a separate violation.

Chapter 222. OUTDOOR FURNACES

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 11-7-2005 (Ch. 82 of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Uniform construction codes — See Ch. 120.
Fire prevention — See Ch. 156.
Zoning — See Ch. 340.

§ 222-1. Title and authority.

This chapter shall be known as the "Borough of Swedesboro Outdoor Furnace Ordinance."

§ 222-2. Intent.

Although outdoor furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and potential health effects of uncontrolled emissions. This chapter is intended to ensure that outdoor furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of the Borough.

§ 222-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
FIREWOOD
Trunks and branches of trees and bushes but does not include leaves, needles, vines or brush smaller than three inches in diameter.
OUTDOOR FURNACE
Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy, used as a component of a heating system providing heat for any interior space.
UNTREATED LUMBER
Dry wood which has been milled and dried but which has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint or other substance.

§ 222-4. Permit required.

No person shall cause, allow or maintain the use of an outdoor furnace within the Borough of Swedesboro without first having obtained a permit from the County Fire Marshal. Application for permit shall be made to the Fire Marshal on the forms provided.

§ 222-5. Existing outdoor furnaces.

Any outdoor furnace in existence on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit from the County Fire Marshal within one year of such effective date. Notwithstanding the fact that any outdoor furnace in existence on the effective date of this chapter has one year to receive a permit, any existing outdoor furnace must comply with §§ 222-6 and 222-7 of this chapter within 60 days of the effective date of this chapter. If the owner of an existing outdoor furnace does not receive a permit within one year of the effective date of this chapter, the outdoor furnace shall be removed. "Existing" or "in existence" means that the outdoor furnace is in place on the site.

§ 222-6. Specific requirements.

A. Permitted fuel: Only firewood and untreated lumber are permitted to be burned in any outdoor furnace. Burning of any and all other materials in an outdoor furnace is prohibited.
B. Permitted zones: Outdoor furnaces shall be permitted only in the LM Zoning District as shown on the Borough's Zoning Map.
C. Minimum lot size: Outdoor furnaces shall be permitted only on lots of three acres or more.
D. Setbacks: Outdoor furnaces shall be set back not less than 200 feet from the nearest lot line.
E. Months of operation: Outdoor furnaces shall be operated only between September 1 and May 31.
F. Spark arrestors: All outdoor furnaces shall be equipped with properly functioning spark arrestors.

§ 222-7. Suspension of permit.

A. A permit issued pursuant to this chapter may be suspended as the County Fire Marshal may determine to be necessary to protect the public health, safety and welfare of the residents of the Borough of Swedesboro if any of the following conditions occurs:
(1) Emissions from the outdoor furnace exhibit greater than twenty-percent opacity (six minute average), except for one continuous six-minute period per hour of not more than twenty-seven-percent opacity;
(2) Malodorous air contaminants from the outdoor furnace are detectable outside the property of the person on whose land the outdoor furnace is located;
(3) The emissions from the outdoor furnace interfere with the reasonable enjoyment of life or property;
(4) The emissions from the outdoor furnace cause damage to vegetation or property; or
(5) The emissions from the outdoor furnace are or may be harmful to human or animal health.
B. A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this chapter subject to the penalties provided in § 222-9 hereof.

§ 222-8. Waivers; Board of Health ratification.

Where the Borough Board of Health finds that extraordinary and unnecessary hardships may result from strict compliance with this chapter, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of this chapter or of jeopardizing the health, safety or welfare of the public. In varying any regulations, the Board of Health may impose such conditions and requirements as it deems reasonable and prudent. The Board of Health may, at its discretion, hold a public hearing as part of its review. If the Board of Health grants the waiver, a permit shall be issued for the outdoor furnace. If the Board of Health denies the waiver, the outdoor furnace must either be brought into compliance with the chapter or removed. If the Board of Health does not take any action with respect to the waiver within 60 days from its receipt of an application for waiver, the waiver shall be deemed denied.

§ 222-9. Violations and penalties; revocation of permit.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Failure to comply with any of the provisions of this chapter shall be a violation and, upon conviction thereof, shall be punishable as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty. In addition, any permit issued pursuant to this chapter shall be revoked upon conviction of a second offense and the subject outdoor furnace shall not be eligible for another permit. Each day that a violation occurs shall constitute a separate offense. The owners of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this chapter. Any fine imposed hereunder shall constitute a lien upon the real property where the outdoor furnace is located until paid.

§ 222-10. Effect of other regulations.

Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, New Jersey State Department of Environmental Protection, other federal, state, regional or local agency. Outdoor furnaces, and any electrical, plumbing or other apparatus or device used in connection with an outdoor furnace, shall be installed, operated and maintained in conformity with the manufacturer's specifications and any and all local, state and federal codes, laws, rules and regulations. In case of a conflict between any provision of this chapter and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail.

Chapter 229. PARKS AND LAKES REGULATIONS

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 6-16-1969 (Ch. 84 of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Board of Parks and Recreation Commissioners — See Ch. 7, Art. II.
Alcoholic beverages — See Ch. 80.
Animals — See Ch. 89.
Littering — See Ch. 206.
Public events — See Ch. 247.

§ 229-1. Rules and regulations to be posted.

[Amended 2-15-1982]
The Board of Parks and Recreation Commissioners Editor's Note: As to the Board of Parks and Recreation Commissioners generally, see Ch. 7, Art. II, Board of Parks and Recreation Commissioners. shall cause to be posted in public areas under their jurisdiction rules and regulations for the operation of the public parks and lakes.

§ 229-2. Proper conduct required; additional regulations enumerated.

A. While in the park, all persons shall conduct themselves in a proper and orderly manner, and, in particular, no person shall:
(1) Bring alcoholic beverages or drink same at any time, Editor's Note: As to exceptions, see the provisions in Ch. 80, Alcoholic Beverages, § 80-13. nor shall any person be under the influence of intoxicating liquor.
(2) Have in his possession or set off or otherwise cause to explode or discharge or burn any firecrackers, torpedo, rocket or other fireworks or explosives or flammable materials. This prohibition includes any substance, compound, mixture or article that would be dangerous, flammable or a safety hazard. At the discretion of the Board of Parks and Recreation Commissioners, permits may be given for conducting properly supervised fireworks in designated areas.
[Amended 2-15-1982]
(3) Solicit alms or contributions for any purpose, whether public or private.
(4) Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Board of Parks and Recreation Commissioners. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable material within any park area or on any highway, road or street abutting or contiguous thereto.
[Amended 2-15-1982]
(5) Enter an area posted as "Closed to the Public," nor shall any person use or abet the use of any area in violation of posted notices.
(6) Gamble or participate in or abet any game of chance.
(7) Sleep or protractedly lounge on the seats or benches or other areas or engage in loud, boisterous, threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to a breach of the public peace.
(8) Expose or offer for sale any article or thing, nor shall be station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Board of Parks and Recreation Commissioners.
[Amended 2-15-1982]
(9) Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park.
B. Any section or part of any park may be declared closed to the public by the Board of Parks and Recreation Commissioners at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the Board of Parks and Recreation Commissioners shall find reasonably necessary.
[Amended 2-15-1982]
C. No papers, debris, cans, refuse or any other materials or property in the nature of debris or refuse shall be left or deposited anywhere in or on the property comprising the park or any area thereof, except in receptacles provided by the Borough of Swedesboro for such purposes.
D. No trees, shrubbery or flowers or any portion thereof on or within the park shall be taken, damaged, destroyed or removed without lawful permission first had and obtained from the Board of Parks and Recreation Commissioners.
[Amended 2-15-1982]
E. No memorial, monument, statuary, building or structure of any type erected by the Borough of Swedesboro within the park area shall be damaged, defaced, removed or marked without lawful permission, etc.

§ 229-3. Prohibited activities; parental responsibilities; violations.

[Amended 2-15-1982; 7-6-1999]
A. The following matters or activities are hereby specifically prohibited in all public parks, lakes and places:
(1) No firearms are allowed on the premises.
(2) No motorized vehicles (automobiles, trucks, motorcycles, go-carts, all-terrain vehicles), except that such motorized vehicle is being used by a rescue squad, Fire Department, Police Department or other person with permission from the Board of Parks and Recreation Commissioners.
(3) No dogs allowed unless leashed. Dogs must be curbed at all times.
(4) No washing and/or polishing of cars is allowed.
(5) No parking other than in designated areas.
(6) No swimming or bathing in any waters.
(7) No littering.
(8) No throwing of mud, stones, etc.
(9) No throwing of debris in the water or on the ice.
(10) No tampering with and damaging signs, lights or other public property.
(11) No throwing benches or other equipment or property in the water.
(12) No stocking fish without approval.
(13) No leaving fishing equipment unattended.
(14) No breaking of glass or bottles.
(15) No moving park picnic tables from one area to another.
(16) No rolling boulders into the water from sides of the road.
(17) No obstructing traffic of park roads and parking areas and no parking in front of gate.
(18) No type of improper or indecent action.
(19) No horses are allowed.
B. Parents are advised that they will be held financially responsible for damage caused by their children.
C. Any person acting disorderly or violating any of the above rules will be subject to citation and or penalty.

§ 229-4. Boating.

[Amended 7-6-1999]
All boating, canoeing, sailing, etc., shall be done in a safe and careful manner, with proper regard being given to boating safety standards.
A. All boats shall have on board, when in use, one lifesaving vest for each person present; said lifesaving vest shall be worn at all times and conform to appropriate United States Coast Guard standards.
B. No boat exceeding 12 feet shall be used on the lake.
C. All motor- or engine-driven boats shall be limited to electric motors and may not exceed one horsepower, except that such boats, if used by a rescue squad, fire company, conservation officer, etc., are permitted.
D. No boats shall be left unattended at any time on any lake or on any property of the Borough of Swedesboro or the Township of Woolwich. Persons owning and operating or leaving boats in the lake, whether attended or unattended, shall at all times assume full responsibility and liability for those boats, including any accidents or drownings that may occur as the result of the use of those boats.
E. No person using a boat shall dump or throw garbage, paper, bottles, cans, refuse or debris into the lake.

§ 229-5. Picnicking.

[Amended 2-15-1982; 7-6-1999]
No person shall:
A. Build or attempt to build a fire except in such area and under such regulations as may be designated by the Board of Parks and Recreation Commissioners. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable material within any park area or on any highway, road or street abutting or contiguous thereto.
B. Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.

§ 229-6. Hours; field use.

[Amended 2-15-1982; 7-6-1999]
A. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall be posted for public information and shall be determined from time to time by resolution of the Board of Parks and Recreation Commissioners.
B. Fields are available for public use unless previously scheduled through the Board of Parks and Recreation Commissioners.

§ 229-7. Pets.

[Added 7-6-1999]
A. All pets must be on a leash at all times while on park property.
B. Owners are responsible for cleaning up after their pets and are responsible for their pet's behavior.

§ 229-8. Violations and penalties.

[Amended 2-15-1982; 7-6-1999 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
Any person who violates any of the provision of this chapter shall, upon conviction thereof, be punished as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty.

Chapter 232. PEDDLING AND SOLICITING

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 4-4-2011 by Ord. No. 2-2011. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 140.

§ 232-1. Purpose.

This chapter is adopted to regulate the distribution of certain materials and peddling, soliciting and related activities within the Borough. The licensing of persons engaged in the above-mentioned activities is required so that the identity of persons going door-to-door or distributing materials or food and beverages within the Borough may be established, so that general regulations may be more effectively enforced for the protection and maintenance of the health, safety and welfare of the inhabitants of the Borough and to prevent dishonest business practices and dishonest solicitation of funds in the Borough.

§ 232-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CANVASSER
One who is not in business of selling goods, but one who makes surveys for research purposes, analyses, opinion polls, rating data and any such similar work which by its nature involves a door-to-door or place-to-place activity, and shall include persons going from door to door or place to place for the purpose of contributions, donations or alms for any persons or organization, or distribution of circulars.
MERCHANDISE
All goods, wares, food, meat, fish, ice cream, fruit, vegetables, magazines, periodicals, printed materials, farm products, services and orders or contracts for services, home improvements or alterations and anything that may be sold or distributed by peddlers or solicitors.
PEDDLER
Any person, whether a resident of the Borough or not, who goes from house to house, from place to place or from street to street, or whether stationary or traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The word "peddler" shall also include the words hawker and huckster.
SOLICITOR
Any person, whether a resident of the Borough or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services, and whether or not he/she is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or any public place. The word "solicitor" shall also include the word "canvasser."
TRANSIENT MERCHANT
Any person engaging in the activity commonly referred to as "transient merchant" or "itinerant vendor" who merchandises or sells with the intent to close out or discontinue such business within a period of one year from the date of commencement and occupies a room, building, tent, lot or other premises for the purpose of selling merchandise.

§ 232-3. License required.

A. It shall be unlawful for any person, peddler, solicitor, distributor or transient merchant to sell, offer for sale, hawk, peddle, solicit or canvass, or distribute merchandise, printed material or services within the Borough without first securing a license from the Borough Clerk by filing an application for license, filing the required bond, paying the license fee and obtaining a license from the Clerk.
B. In addition to the required mercantile license, the applicant may need a license from the Swedesboro Borough Board of Health if the applicant is selling consumable goods.

§ 232-4. Adherence to regulations required; display of license at all times.

Upon obtaining a license as hereinafter provided, a peddler, solicitor or transient merchant may conduct his/her activities within the Borough only as long as he/she adheres to the regulations set forth herein and carries the license upon his/her person at all times during the conduct of his/her activities. The license shall identify the person and the type of activity for which he/she has registered and shall be shown to any Borough official upon request.

§ 232-5. Expiration of license; separate license for each vehicle/person.

All licenses shall expire December 31 of the calendar year in which they are issued. A separate license shall be required for each vehicle and each individual in said vehicle.

§ 232-6. Exemptions.

This chapter shall not apply to:
A. Any veteran or exempt fire fighter who holds a special state license.
B. Any person soliciting a vote or support for any political candidate or program.
C. Any person soliciting for a bona fide charitable, religious, patriotic, community service or philanthropic purpose or organization.
D. Any person engaged in delivering wares, goods or merchandise or articles or things in the regular course of business to the premises of the person ordering or entitled to receive the same.
E. Wholesale salespeople calling on businesses.
F. Public utilities or their employees, provided that such public utility is subject to regulation by the State Board of Regulatory Commissioners, and provided that such employees display the identification badge or card issued by their employer.

§ 232-7. Application for license.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Each applicant shall file with the Borough Clerk an application, in writing, which shall give the following information:
A. The name of the applicant and of all persons associated with the applicant in this business.
B. The type of business for which the license is desired.
C. In case of transient merchants, the place where the business is to be carried on.
D. The length of time for which the license is desired.
E. The present place of business of the applicant.
F. The places of residence of the applicant for the two years last past.
G. Two business references located in the State of New Jersey or, in lieu thereof, such other available evidence of the character and business responsibility of the applicant.

§ 232-8. Issuance of license.

A. The Borough Clerk shall issue the license within a period of 10 days of the date of receiving the application, provided that the application is complete and that there is nothing in the application to indicate that the applicant's character or business responsibility is other than satisfactory for carrying on such business within the Borough. In the event that the application is rejected, the Borough Clerk shall note such rejection on the application and return it to the applicant.
B. When the mercantile license is for the sale of food, the issuance is predicated upon a satisfactory County Board of Health inspection.

§ 232-9. Bond.

Before the license shall be issued, the applicant shall execute and deliver to the Borough Clerk a good and sufficient bond with a good and sufficient surety in an amount of $200. Such bond shall remain in force for one year from the date of issuance and shall be conditioned to indemnify and pay the Borough of Swedesboro any penalties or costs incurred in the enforcement of any of the provisions of this chapter and to indemnify or reimburse any purchaser of personal property in a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentation as to the kind, quality or value of the personal property and to indemnify or reimburse any such purchaser in an amount equal to at least the amount of any payment such a purchaser may have made to a licensee for personal property or products the delivery of which is not made as represented by the licensee.

§ 232-10. Fees.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The fee for licenses under this chapter shall be as set forth in Chapter 140, Fees. All license fees are nonrefundable.

§ 232-11. Hours.

Persons duly licensed shall hawk, peddle and/or solicit between the hours of 9:00 a.m. until dusk.

§ 232-12. Transfer of license.

No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued.

§ 232-13. Term.

Every license shall remain in force and be valid only for the time thereon expressed. All yearly licenses shall run until December 31 of any given year. All monthly licenses shall run until the last day of the month in which the license was issued.

§ 232-14. Regulations for peddlers and solicitors.

No licensee shall:
A. Attempt to peddle, solicit or distribute merchandise or printed material without first having identified himself/herself as a peddler, solicitor or distributor registered with the Borough and displaying his/her license.
B. Have exclusive right to any location in the public streets or operate in any congested area in such a manner as to impede the flow of traffic or of pedestrians or create a breach of the peace.
C. Enter or attempt to enter the land of any resident in the Borough without written authorization from the landowner.
D. Refuse to leave any private dwelling or property after having been once requested to do so by the owner or occupant thereof.
E. Utilize a device that could be construed as disturbance of the peace.
F. Distribute obscene merchandise or printed material or that which advocates unlawful conduct.
G. Litter the streets, public places or public or private property within the Borough with any merchandise or printed material.

§ 232-15. Registration of canvassers required; exemptions.

A. No person, except as provided herein, shall canvass, distribute circulars or other matter or call door to door or place to place in the Borough without first registering with the Borough Clerk.
B. Exemption. Distribution of newspapers, supplements thereto and advertising circulars and canvassing by political candidates or other persons campaigning in regard to public questions are hereby exempt from the provisions of this chapter, subject, however, to the requirements requiring that all circulars or samples be left in a secure place on the premises.

§ 232-16. Information required for registration.

Each registrant, at the time of registering, shall file with the Borough Clerk an application, in writing, which shall give the following information:
A. Name, age and physical description of the applicant.
B. Complete permanent home and local address of the applicant.
C. Name and address of the organization or person for whom the solicitation is being made.
D. Description of the nature of the business and the goods, services or wares to be sold and sufficient information to determine whether or not the business to be transacted is interstate or intrastate commerce.
E. Two photographs of the applicant, which shall be approximately 2 1/2 inches by 1 1/2 inches in size, showing the head and shoulders of the applicant in a clear and distinguishing manner.
F. A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or disorderly conduct offense, where and when so convicted, the nature of the offense and the penalty, if any.
G. The make, model, year, color and license plate number of automobiles used by the applicant during the period of solicitation within the Borough and the number of his/her state issued driver's license and proof of insurance.

§ 232-17. Separate registration for each solicitor required.

A separate registration must be made for every solicitor, agent or employee soliciting within the Borough limits.

§ 232-18. Issuance of registration certificate; fee; term; renewal.

A. Each registrant, upon being so registered, shall be issued within a reasonable time a registration certificate by the Borough Clerk, upon which shall be affixed one photograph of the applicant signed by the Borough Clerk or, in his/her absence, the person acting in his/her place, so that part of his/her signature covers part of the photograph.
B. Each registrant shall immediately pay to the Borough Clerk a license fee as set forth in Chapter 140, Fees. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 232-19. Possession of certificate; inspection upon request.

Each registrant shall carry the registration certificate at all times when in the Borough and shall exhibit it to any citizen or police officer upon request.

§ 232-20. Modified registration for specific groups.

A. Any person, organization, society or association of a charitable, religious, patriotic, philanthropic or community nature desiring to solicit or have solicited in its name money, property or financial assistance for which no merchandise, wares or services are required shall be exempt from the provisions of this chapter, provided that there is filed with the Borough Clerk an application, in writing, giving the following information:
(1) Names of solicitors and purpose or cause for which the solicitation is being made.
(2) Names and addresses of the officers of the organization.
(3) Names and addresses of the agents or representatives who will solicit, canvass or distribute literature in the Borough.
B. Each solicitor for such organization, society or association shall carry proper identification and shall display same upon request.
C. Members of organizations, societies, associations of a charitable, religious or patriotic or philanthropic or community nature soliciting or canvassing members of their own organization are exempt from the provisions of this chapter. However, it is expressly provided that solicitation aforesaid is strictly limited to members of the particular organization.

§ 232-21. Rules and regulations for canvassers.

Every person to whom a registration certificate is issued under the terms of this chapter shall be governed by the following rules and regulations:
A. All circulars, samples or other matter shall be handed to an occupant of the property or left in a secure place on the premises.
B. No person subject to the provisions of this chapter shall canvass, solicit or distribute circulars or other matter, except during the hours between 9:00 a.m. and dusk, Monday through Sunday.
C. No person subject to the terms of this chapter shall enter or attempt to enter the house or apartment of any resident in the Borough without an express invitation from the occupant of the house or apartment.
D. No person subject to the terms of this chapter shall conduct himself/herself in such a manner as to become objectionable to or annoy any person while soliciting within the Borough limits.

§ 232-22. Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Violations of the provisions of this chapter shall be punishable as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty.

Chapter 235. POOLROOMS AND BILLIARD HALLS

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 11-8-1950 (Ch. 89 of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Amusements — See Ch. 84.
Fees — See Ch. 140.

§ 235-1. Purpose.

[Amended 2-15-1982]
This chapter is enacted for the purpose of regulating the condition and maintenance of poolrooms and billiard rooms in the Borough of Swedesboro.

§ 235-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Not only an individual but also any firm, association or corporation.

§ 235-3. License required.

It shall be unlawful to maintain, manage, operate or conduct any poolroom or billiard room in the Borough of Swedesboro, in the County of Gloucester, without first presenting an application for and receiving a license from the Borough Council to operate such poolroom or billiard room.

§ 235-4. License title; issuance restrictions; identification; number.

Each license shall be known as a "poolroom and billiard room license" and shall be issued only for the premises mentioned therein and shall be identified by the name of the person to whom issued and the location of the premises for which issued. The number of such licenses to be issued shall be determined by the Borough Council of the Borough of Swedesboro.

§ 235-5. Power and authority of Borough Council.

The licensing of all persons who apply for licenses to conduct poolrooms and billiard rooms, the regulation and inspection of poolrooms and billiard rooms and the enforcement of the provisions of this chapter as well as the revocation of such licenses for violations of the provisions of this chapter, shall be under the control of the Borough Council, and the Borough Council is hereby authorized to establish reasonable rules and regulations for the inspection of poolrooms and billiard rooms to determine their condition of cleanliness, sanitation and fitness as a place for the congregation of persons.

§ 235-6. Inspection of premises required.

No poolroom or billiard room license shall be issued to any person until the particular poolroom or billiard room premises mentioned in the application for such license has been thoroughly inspected and found to be in a well-ventilated, clean and sanitary condition and fit for the congregation of persons.

§ 235-7. Age requirement for licensee.

No poolroom or billiard room license shall be issued to any person who has not attained the age of 21 years.

§ 235-8. Citizenship requirement.

No poolroom or billiard room license shall be issued to any person who is not a citizen of the United States of America.

§ 235-9. License application requirements.

All applications for poolroom and billiard room licenses shall be in writing and shall be accompanied by a certified check for the required license fee hereinafter mentioned and shall contain the full name, address, occupation, citizenship, birth date and birth place of the applicant and state whether he has ever been convicted, on trial or plea, of a crime, in any of the courts of the State of New Jersey, or of the United States of America, or of any other state of the United States of America, and if so, the date and place of conviction, name of court, and the crime of which convicted; and shall state the location of the premises where such poolroom or billiard room will be maintained, and the number of pool tables and billiard tables to be maintained in said poolroom or billiard room.

§ 235-10. Granting or denial of license.

The Borough Council may in its discretion grant or refuse to grant any such license.

§ 235-11. Fees.

[Amended 2-15-1982 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
The fee payable for each license issued under this chapter shall be as set forth in Chapter 140, Fees, for each and every pool table and for each and every billiard table, maintained or to be maintained in the poolroom or billiard room mentioned in the application for such license; and the fee to be paid shall be the same whether a full year or part of a year.

§ 235-12. Expiration of license.

Each license shall expire on the 31st day of December of the calendar year for which it is issued, and the expiration date for each such license shall be the same whether application for such license was made at the beginning of or at a later time during any calendar year.

§ 235-13. Operation restricted to premises designated in license.

Each license shall authorize the person licensed to maintain a poolroom and billiard room only in the premises at the location mentioned in the application therefor and designated in the license.

§ 235-14. Posting of license.

Each license shall be kept posted and permanently displayed at all times in the poolroom or billiard room at the premises mentioned in the license.

§ 235-15. Nontransferability of license.

Each license shall constitute the grant of a privilege and no license shall be assigned or transferred by the person to whom such license is issued, and the person to whom such license is issued shall not operate or conduct a poolroom or billiard room at any place other than the premises for which such license was issued.

§ 235-16. Other business operations on licensed premises.

No person licensed to operate a poolroom or billiard room shall conduct or permit any business other than the operation and playing of the various games of pool and billiards (except the sale of tobaccos, candies and nonalcoholic beverages at retail as an accommodation to patrons) to be conducted in any poolroom or billiard room for which such license was issued.

§ 235-17. Conduct of licensee; prohibited acts on premises.

No person licensed to operate a poolroom or billiard room shall harbor any criminal, gangster, swindler, professional gambler, or other person of ill repute, nor permit fights, brawls, or disturbances constituting a public nuisance in any poolroom or billiard room for which such license was issued; nor engage in, suffer or permit lotteries, number running, bookmaking, chance selling, gambling or gambling devices, in any poolroom or billiard room for which said license was issued; nor engage in, permit or suffer any violations of the ordinances of the Borough of Swedesboro or of the Laws of the State of New Jersey; or of the United States of America, in any poolroom or billiard room for which such license is issued.

§ 235-18. Hours of operation.

No person licensed to operate a poolroom or billiard room shall allow the same to remain open or conduct any business therein whatsoever between the hours of 12:00 midnight and 7:00 a.m. during weekdays, nor at any time whatever on Sunday.

§ 235-19. Minors prohibited.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). No person licensed to operate a poolroom or billiard room shall suffer or permit any person under the age of 21 years to play pool or billiards, or remain in any poolroom or billiard room for which such license was issued.

§ 235-20. Suspension or revocation of license; proceedings.

A. Any license issued under this chapter may be suspended or revoked by the Borough Council for violation of any of the terms of this chapter by the person to whom such license was issued, or for violation of the laws of the State of New Jersey, or the laws of the United States of America, or for other good cause, by the person to whom such license was issued.
B. Any license issued under this chapter shall be revoked by the Borough Council for the remainder of the year for which such license was issued on conviction of the person to whom such license was issued, either on trial, plea of guilty or non vult, in any of the courts of the State of New Jersey, or in any of the courts in any other state of the United States of America or in any court of the United States of America, for engaging or participating in gaming, bookmaking, number writing, number selling, or keeping slot machines and gambling devices.
[Amended 2-14-1951]
C. Proceedings for suspension or revocation of a license for violation of this chapter shall be by hearing before the Borough Council on written notice of the charges served upon the licensee not less than five days before the time set for hearing thereof, either in person or by registered mail addressed to the location of the poolroom or billiard room mentioned in such license, and said hearing may be adjourned from time to time by the Borough Council. In case any license is suspended or revoked, the licensee shall not be entitled to a refund of any part of the license fee theretofore paid.

§ 235-21. Exemptions.

This chapter shall not apply to any church or fraternal order, or other nonprofit making association, which operates or maintains any pool tables or billiard tables solely for the use and recreation of its own members.

§ 235-22. Violations and penalties.

[Amended 2-15-1982]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $500, or imprisonment not exceeding 90 days, or both.

Chapter 241. PROPERTY MAINTENANCE

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 10-20-2003 (Ch. 91, Art. II, of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Unsafe buildings — See Ch. 105.
Uniform construction codes — See Ch. 120.
Fire prevention — See Ch. 156.
Littering — See Ch. 206.
Certificates of occupancy — See Ch. 353.

§ 241-1. Code adopted.

A certain document, three copies of which are on file in the office of the Clerk of the Borough of Swedesboro, being marked and designated as the "International Property Maintenance Code, 2003 Edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Swedesboro in the State of New Jersey for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit lot occupation and use; and the condemnation of building and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of Swedesboro are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 241-2 of this chapter.

§ 241-2. Modifications and amendments to Code.

The following sections are hereby revised:
A. Section 101.1 Title. Section 101.1 is hereby amended by inserting the words "Borough of Swedesboro, New Jersey" for and in exchange of the words "name of jurisdiction".
B. Section 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a violation. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
C. Section 106.4 Violation and Penalties. Any person who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this chapter and each day that such violation shall continue shall be deemed to be a separate and distinct offense.
D. Section PM 111.0 Means of Appeal. Section PM-111.0 is hereby deleted in its entirety.
E. Section PM 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
[Added 2-6-2012 by Ord. No. 1-2012]
F. Section PM 304.14 Insect screens. Section 304.12 is hereby amended by inserting the words "April 1 to September 30" for and in exchange of the words "date to date."
G. Section PM 602.3 Heat supply. Section 602.2.1 is hereby amended by inserting the words "October 1 to April 1" for and in exchange of the words "date to date."
H. Section PM 602.4 Nonresidential structures. Section 602.3 is hereby amended by inserting the words "October 1 to April 1" for and in exchange of the words "date to date."

§ 241-3. Construal of provisions.

Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 241-2 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.

§ 241-4. Premises to be maintained free of hazards.

[Added 8-20-2012 by Ord. No. 11-2012]
The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards, which include, but are not limited to, the following:
A. Refuse: broken glass, filth, garbage, trash, litter and debris.
B. Natural growth: brush, weeds, ragweeds, stumps, roots and obnoxious growths and dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
C. Overhangings: loose and overhanging objects and accumulations of ice and snow which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof.
D. Ground surface hazards or unsanitary conditions: holes, broken or missing pavement, loose stone, excavations, breaks, projections, obstructions, ice, uncleared snow and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the premises which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and repaired, walks and steps shall be repaired, and other conditions shall be removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery. It shall be the responsibility of owners and operators to take reasonable steps to discover any such hazards or unsanitary conditions which may exist on their premises.
E. Recurring accumulations or stormwater. Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of stormwater.
F. Sources of infestation.

§ 241-5. Landscaping.

[Added 8-20-2012 by Ord. No. 11-2012]
Premises shall be kept landscaped, and lawns, hedges and bushes shall be kept trimmed and kept from becoming overgrown. Plantings required by site plan approval shall be replaced when the same have died.

§ 241-6. Removal of brush, weeds and debris.

[Added 11-19-2012 by Ord. No. 13-2012]
A. The Borough Clerk, Code Enforcement Officers or Public Works officials shall have the power to require the owner or tenant of land lying within the limits of the Borough, where it shall be necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard, to remove from such land or destroy the brush, weeds (including ragweed), dead and dying trees and debris within 10 days after notice to remove the same, and to provide for the removal of the same by or under the direction of the Code Enforcement Officer, Public Works official or individual/company specifically appointed by the Borough, if the owner or tenant shall have refused or neglected to remove same after notice and within the provided aforesaid time allotted.
B. All procedural requirements, notices, hearing, findings and determinations shall be as enumerated in Subsections 107 through 107.5 in the International Property Maintenance Code of 2003 as followed in Chapter 241 of this Code.
C. In all cases where brush, weeds (including ragweed), dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash, and debris are removed or destroyed from any land under the provisions of this section, by and under the direction of the Public Code Officer or the individual specifically designated to perform such functions, shall certify the costs thereof to the Clerk/CFO/Tax Collector who shall examine the certificate and, if found correct, shall cause the costs as shown thereon to be charges against the lands, the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes are collected and enforced in the Borough.

Chapter 247. PUBLIC EVENTS

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 8-19-2002. Amendments noted where applicable.]

GENERAL REFERENCES

Animals — See Ch. 89.
Vehicles and traffic — See Ch. 110.

§ 247-1. Purpose.

The purpose of this chapter is to provide for better regulation of traffic during public events within the Borough of Swedesboro.

§ 247-2. Definitions.

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I). As used in this chapter, the following terms shall have the meanings indicated:
PUBLIC EVENT
Indoor or out-of-door activity sponsored either by the Borough of Swedesboro or any of its agencies, commissions or departments; or by a private organization which is open to all.

§ 247-3. Bicycles.

It shall be unlawful for any person to operate, ride, sit upon, walk, coast, park, leave, stand, whether attended or unattended, or otherwise cause to operate, control or possess in any manner whatsoever a bicycle at any time upon any street, sidewalk or other public area during a public event.

§ 247-4. Roller skates, in-line skates and skateboards.

It shall be unlawful for any person to operate, use, control or possess in any manner whatsoever roller skates, in-line skates or skateboards at any time upon any street, sidewalk or other public area during a public event.

§ 247-5. Animals.

It shall be unlawful for any person without a disability, medical need or otherwise legitimate reason to allow their animals to walk, run or otherwise occupy any portion of any street, sidewalk or other public area during a public event.

§ 247-6. Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Any person who is convicted of violating any of the provisions of this chapter shall be subject to the penalties as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty. In the Judge's discretion, any person who is convicted of violating §§ 247-3 and 247-4 may also be subject to confiscation of the bicycles, roller skates, in-line skates, and/or skateboards.

Chapter 254. RENTAL PROPERTY REGISTRATION

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 9-19-2005 by Ord. No. 10-2005 (Ch. 95, Art. I, of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Affordable housing — See Ch. 68.
Uniform construction codes — See Ch. 120.
Fire prevention — See Ch. 156.
Property maintenance — See Ch. 241.
Zoning — See Ch. 340.
Certificate of occupancy — See Ch. 353.

§ 254-1. Definitions.

Unless the context clearly indicates a different meaning, the following words or phrases when used in this chapter shall have the following meaning:
AGENT
The individual or individuals designated by the owner as the person(s) authorized by the owner to perform any duty imposed upon the owner by this chapter. The term does not necessarily mean a licensed real estate broker or salesman of the State of New Jersey, as those terms are defined by N.J.S.A. 45:15-3; however, such term may include a licensed real estate broker or salesman of the State of New Jersey if such person designated by the owner as his agent is so licensed.
APARTMENT or DWELLING
Any apartment, cottage, bungalow or other dwelling unit consisting of one or more rooms occupying all or part of a floor or floors in a building, whether designed with or without housekeeping facilities for dwelling purposes and notwithstanding whether the apartment be designed for residence, for office, or the operation of any industry or business, or for any other type of independent use.
BASEMENT
A story partly underground but having less than 1/2 of its clear height, measured from finished floor to finished ceiling, below the curb level, except that where the curb level has not been legally established or where every part of the building is set back more than 25 feet from a street line the height shall be measured from the adjoining grade level.
BUILDING
Any building or structure, or part thereof, used for human habitation, use or occupancy and includes any accessory buildings and appurtenance belonging thereto or usually enjoyed therewith.
CELLAR
A story partly underground but having 1/2 or more of its clear height, measured from finished floor to finished ceiling, below the curb level, except that, where the curb level has not been legally established or where every part of the building is set back more than 25 feet from a street line, the height shall be measured from the adjoining grade elevation.
DWELLING UNIT
Any room or rooms, or suite or apartment, whether furnished or unfurnished, which is occupied, or intended, arranged or designed to be occupied, for sleeping or dwelling purposes by one or more persons, including but not limited to the owner thereof or any of his agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities, and improvements connected with use or occupancy thereof.
HABITABLE ROOM
A room or enclosed floor space within the dwelling unit used or designed to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets, storage space and spaces that are not used frequently or during extended periods of times.
LICENSE
The license issued by the Borough Clerk attesting that the rental unit has been properly registered in accordance with this chapter.
LICENSEE
The person to whom the license is issued pursuant to this chapter. The term "licensee" includes within its definition the term "agent" where applicable.
OWNER
Any person or group of persons, firm, corporation, partnership or association, or officer thereof, who owns, operates, exercises control over or is in charge of a rental facility.
PERSON
An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
RENTAL FACILITY
Every building, group of buildings or portion thereof which is kept, used, maintained, advertised or held out to be a place where living accommodations are supplied, whether furnished or unfurnished, for pay or other consideration, to one or more individuals and is meant to include apartments and apartment complexes.
[Amended 2-20-2007 by Ord. No. 5-2007]
RENTAL UNIT
A dwelling unit which is available for lease or rental purposes.

§ 254-2. Registration.

All rental units shall hereafter be registered with the Borough Clerk of the Borough of Swedesboro on forms which shall be provided for that purpose and which shall be obtained from the Borough Clerk. Such registration shall occur on an annual basis as provided herein.

§ 254-3. Registration and licensing; term; initial registration provisions.

Each rental unit shall be registered and licensed with each change in occupancy. The license term shall commence January 1 of each year and such registration shall be valid until December 31 of that year, at which time it shall expire and a new registration shall be required. The initial registration shall occur within 45 days following the adoption of this chapter. Any lease which has been executed prior to the adoption of this chapter shall not be affected but the rental unit must nevertheless be registered, inspected and licensed in accordance with this chapter. No rental unit shall hereafter be rented unless the rental unit is registered and licensed in accordance with this chapter.

§ 254-4. Registration forms; filing; contents.

Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all rental units shall be registered and licensed as provided herein. Every owner shall file with the Borough Clerk of the Borough of Swedesboro a registration form for each unit contained within a building or structure which shall include the following information:
A. The name and address of the record owner or owners of the premises and the record owner or owners of the rental business if not the same persons. In the case of a partnership, the names and address of all general partners shall be provided, together with the telephone numbers for each of such individuals indicating where such individual may be reached both during the day and evening hours. If the record owner is a corporation, the name and address of the registered agent and corporate officers of said corporation;
B. If the address of any record owner is not located in Swedesboro, the name and address of a person who resides in Swedesboro and who is authorized to accept notices from a tenant and to issue receipts therefor and to accept service of process on behalf of the record owner;
C. The name and address of the agent of the premises, if any;
D. The name and address, including the dwelling unit number of the superintendent, janitor, custodian or other individual employed by the owner or agent to provide regular maintenance service, if any;
E. The name, address and telephone number of an individual representative of the owner or managing agent who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit of dwelling space therein, including such emergencies as the future of any essential service or system, and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith;
F. The name and address of every holder of a recorded mortgage on the premises;
G. If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name and address of the fuel oil dealer servicing the building and the grade of fuel oil used;
H. As to each rental unit, a specification of the exact number of sleeping rooms contained in the rental unit. In order to satisfy the requirement of this provision, an owner shall submit a floor plan which shall become part of the application and which shall be attached to the registration form when filed by the Borough Clerk;
I. Such other information as may be prescribed by the Borough.

§ 254-5. Registration form; indexing and filing; public inspection; fee.

[Amended 2-6-2012 by Ord. No. 1-2012]
The Borough Clerk shall index and file the registration form and make it reasonably available for public inspection. In doing so the Borough Clerk shall follow the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so that the filing of the registration form will simultaneously satisfy the registration requirements of N.J.S.A. 46:8-28 to the extent that it applies to the property being registered and will also satisfy the registration requirements of this chapter. The Borough Clerk shall maintain a master index of all such registration forms, and any person may obtain from the Borough Clerk a list of all rental units properly registered and licensed upon payment of a fee as set forth in Chapter 140, Fees.

§ 254-6. Registration form; amendments; filing.

Every person required to file a registration form pursuant to this chapter shall file an amended registration form within 20 days after any change in the information required to be included thereon. No fee shall be required for the filing of an amendment except where the ownership of the premises is changed.

§ 254-7. Periodic inspections.

A. Each rental unit shall be inspected at least once every twenty-four-month period. All rental facilities must pass inspection and/or have their registration in by June 30 of the licensing year.
[Amended 2-6-2012 by Ord. No. 1-2012; 12-17-2012 by Ord. No. 14-2012]
B. Such inspection shall be for the purpose of determining Chapter 340, Zoning, of the Code of the Borough of Swedesboro, compliance and, to the extent applicable, to determine if the property complies with the Housing Code and/or Building Code and/or Uniform Fire Safety Act.
C. Unsatisfactory inspection. In the event that the inspection of a rental unit does not result in a satisfactory inspection, such property shall not thereafter be registered, nor shall a license issue, and the owner of the property or his/her agent shall not lease or rent such property, and no tenant shall occupy the property, until the necessary corrections have been made so as to bring the property and rental unit into compliance with the applicable code and the property is thereafter subsequently registered and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days; if such corrections are not made within that time period, the owner shall be deemed in violation of this chapter, and every day that the violation continues shall constitute a separate offense, subject to the penalty provisions of § 254-18 of this chapter.
[Amended 12-17-2012 by Ord. No. 14-2012]
D. State certificate of inspection. Commencing 30 days following an inspection of the property, the property shall not be registered or licensed unless the owner thereof produces, at the time of registration, a current, valid certificate of inspection indicating that the property has either been inspected by the State of New Jersey Bureau of Housing or by the officials of the Borough of Swedesboro having jurisdiction and that the property does not contain any code violations.

§ 254-8. Prohibitions on occupancy.

No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Borough of Swedesboro, which is not registered and licensed in accordance with this chapter.

§ 254-9. License.

[Amended 2-6-2012 by Ord. No. 1-2012; 12-17-2012 by Ord. No. 14-2012]
Upon the filing of a completed registration form and payment of the prescribed fee and a satisfactory inspection, if required in that licensing year, the owner shall be entitled to the issuance of a license commencing January 1 of the licensing year and expiring two years hence on December 31 of the calendar year. A registration form shall be required for each rental unit, and a license shall issue to the owner for each rental unit, even if more than one rental unit is contained in the property.

§ 254-10. Fees.

[Amended 4-6-2009 by Ord. No. 8-2009; 2-6-2012 by Ord. No. 1-2012]
A. At the time of filing the registration form the owner shall pay a fee as set forth in Chapter 140, Fees, to cover the first and second inspections. If payment is not received within 30 days, an additional fee as set forth in Chapter 140, Fees, shall be charged.
B. Should the owner fail the first inspection, the owner will not be charged for the second inspection; however the owner will be charged a fee as set forth in Chapter 140, Fees, for each reinspection thereafter.

§ 254-11. Providing registration form to occupants and tenants.

Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the registration form required by this chapter. This particular provision shall not apply to any hotel, motel, or guesthouse registered with the State of New Jersey pursuant to the Hotel and Multiple Dwelling Act, as defined in N.J.S.A. 55:13A-3. This provision may be complied with by posting a copy of the registration certificate in a conspicuous place within the rental unit(s).

§ 254-12. Limitation on occupancy.

Each licensee granted a license pursuant to this chapter shall be permitted to lease or rent the rental unit which has been registered and for which a license has been granted hereunder to a specific number of registered tenants, which is to be computed in accordance with the following:
A. Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof. Floor space shall be calculated on the basis of total habitable room area.
B. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet square feet of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet square feet of floor area for each occupant thereof. Every room occupied for sleeping purposes by children under the age of 10 years shall have a minimum floor space of 50 square feet for each child occupying said room.
[Amended 2-6-2012 by Ord. No. 1-2012]
C. One-half of the floor area of every habitable room shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling height is less than seven feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining maximum permissible occupancy thereof.

§ 254-13. Maximum number of occupants; posting.

The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit. Any person violating this provision shall be subject to the penalty provisions provided herein.

§ 254-14. Taxes and other municipal charges; payment precondition for registration and license.

No rental unit may be registered and no license shall issue for any property containing a rental unit unless all municipal taxes, water charges and other municipal assessments are paid on a current basis.

§ 254-15. Other rental unit standards.

A. Cellars and basements. No cellar area or any part thereof shall be used for sleeping purposes. Basements may be used for sleeping purposes, provided that the entire basement complies with all requirements of this chapter; that all furnaces or other heating or hot-water facilities are so located, insulated and separated from living areas by resistive partitions of two-hour fire rating; that fire extinguishers are provided at an accessible location in proximity thereto for use in case of fire; and that the floors, ceilings and walls are impervious to leakage of underground and surface runoff water and are insulated from and free from dampness and moisture.
B. Heat.
(1) Every rental facility shall have heating facilities which are properly installed, maintained in good and safe working condition and capable of safely and adequately heating all applicable rooms, bathrooms and water closets located therein to a temperature of at least 70° F. when the outside temperature is 0° F. The temperature shall be read at a height of three feet above floor level at the center of the room.
(2) All heating facilities located on the same floor with sleeping or living facilities shall be separated from said sleeping or living facilities by a fire-resistant wall.
C. Lighting and ventilation.
(1) Every habitable room shall have at least one window or skylight facing directly to outdoors which shall be of sufficient size and location so that, when combined with artificial lighting and ventilating devices, said room will be fit for human occupancy, in accordance with the minimum standards hereinafter set forth with respect to lighting and ventilation.
(2) Means of ventilation shall be provided for every habitable room. Such ventilation may be provided by an easily operable window or skylight or by other acceptable means which will provide at least two air changes per hour.
(3) Means of ventilation shall be provided for every bathroom or water closet compartment. Such ventilation may be provided by an easily operable window or skylight or by other acceptable means which will provide at least six air changes per hour.
D. Kitchens. Every dwelling unit in which the regular preparation of meals is to be accomplished must be equipped with a means of natural ventilation or mechanical ventilation sufficient to promptly remove cooking odors to the exterior of the premises.
E. Maintenance.
(1) Every foundation, floor, wall, ceiling, door, window, roof or other part of a building shall be kept in good repair and capable of the use intended by its design, and any exterior parts or part thereof subject to corrosion or deterioration shall be kept well painted.
(2) Every inside and outside stairway and every porch and appurtenance thereof shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and kept in sound condition and good repair. Every stairway having three or more steps shall be properly banistered.
(3) Every porch, balcony, roof and/or similar place higher than 30 inches above the ground, used for egress or for use by occupants, shall be provided with adequate railings. Such protective railings shall be properly balustraded and shall not be less than three feet in height.
(4) Every roof, wall, window, exterior door and hatchway shall be free from holes or leaks that would permit the entrance of water within a dwelling or be a cause of dampness.
(5) Every foundation, floor and wall shall be free from chronic dampness.
(6) Every rental facility shall be free from rodents, vermin and insects. Rodents or vermin extermination and rodentproofing or verminproofing may be required by the inspecting officer or the Board of Health.
(7) Every rental facility shall be clean and free from garbage or rubbish and other hazards to safety. Lawns, hedges, trees, bushes, and other forms of vegetation shall be kept trimmed and shall not be permitted to become overgrown and unsightly. Fences shall be kept in good repair.
(8) The inspecting officer of the Board of Health may issue an order to clean, repair, paint, whitewash or paper such walls or ceilings when a wall or ceiling in a dwelling has deteriorated so as to provide a harborage for rodents or vermin, or when such wall or ceiling has become stained or soiled or where the plaster wallboard has become loose or badly cracked or missing.
F. Fire protection. Each rental facility shall contain a fire extinguisher on every floor or portion thereof used as a rental facility. These should be kept in a designated location in a condition which will permit efficient operation without delay.

§ 254-16. Occupant standards.

A. Occupants. Only those occupants whose names are on file with the Borough Clerk as provided in this chapter may reside in the licensed premises. It shall be unlawful for any other person to reside in said premises.
B. Nuisance prohibited. No rental facility shall be conducted in a manner which shall result in any unreasonable disturbance or disruption to the surrounding properties and property owners or of the public in general such that it shall constitute a nuisance.
C. Compliance with other laws. The maintenance of all rental facilities and the conduct engaged in upon the premises by occupants and their guests shall at all times be in full compliance with all applicable ordinances and regulations of the Borough of Swedesboro and with all applicable state and federal laws.

§ 254-17. Revocation of license; procedure.

A. Grounds. In addition to any other penalty prescribed herein, an owner may be subject to the revocation or suspension of the license issued hereunder upon the happening of one or more of the following:
(1) Conviction of a violation of this chapter in the Municipal Court or any other court of competent jurisdiction.
(2) Determination of a violation of this chapter at a hearing held pursuant to Subsection B herein.
(3) Continuously or repeatedly renting the unit or units to a tenant or tenants who are convicted of a violation of the Noise Ordinance Editor's Note: See Ch. 370, Noise. of the Borough.
(4) Continuously or repeatedly permitting the rental unit to be occupied by more than the maximum number of occupants as defined herein.
(5) Maintaining the rental unit or units or the property in which the rental unit is a part in a dangerous condition likely to result in injury to person or property.
B. Procedure; written complaint; notice; hearing.
(1) A complaint seeking the revocation or suspension of a license may be filed by any one or more of the following: the Mayor, members of Council, Director of Public Safety, Chief of Police, Construction Code Official, or the Zoning Enforcement Officer and the Building Maintenance Code Official. Such complaint shall be in writing and filed with the Borough Clerk. The complaint shall be specific and shall be sufficient to apprise the licensee of the charges so as to permit the licensee to present a defense. The individual(s) filing the complaint may do so on the basis of information and belief and need not rely on personal information.
(2) Upon the filing of such written complaint, the Borough Clerk shall immediately inform the Borough Council and a date for a hearing shall be scheduled which shall not be sooner than 10 nor more than 30 days thereafter. The Borough Clerk shall forward a copy of the complaint and a notice as to the date of the hearing to the licensee and the agent, if any, at the address indicated on the registration form. Service upon the agent shall be sufficient.
(3) The hearing required by this section shall be held before the Borough Council unless, in its discretion, the Borough Council determines that the matter should be heard by a Hearing Officer, who shall be appointed by the Borough Council. If the matter is referred to a Hearing Officer, such officer shall transmit his findings of fact and conclusions of law to the Borough Council within 30 days of the conclusion of the hearing. Borough Council shall then review the matter and may accept, reject, or modify the recommendations of the Hearing Officer based on the record before such Hearing Officer. In the event that the matter is not referred to a Hearing Officer and is heard by Borough Council, then the Borough Council shall render a decision within 30 days of the conclusion of the hearing. Following the hearing, a decision shall be rendered, dismissing the complaint, revoking or suspending the license, or determining that the license shall not be renewed or reissued for one or more subsequent license years.
(4) A stenographic transcript or recording shall be made of the hearing. All witnesses shall be sworn prior to testifying. The strict rules of evidence shall not apply and the evidential rules and burden of proof shall be that which generally controls administrative hearings.
(5) The Borough Solicitor or his designee shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.

§ 254-18. Violations and penalties.

Any person who violates any provision of this chapter shall, upon conviction in the Municipal Court or such other court having jurisdiction, be liable to a fine not exceeding $1,000 or imprisonment for a term not exceeding 30 days, or both. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this chapter.

Chapter 262. SEWERS AND SEWAGE DISPOSAL

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Uniform construction codes — See Ch. 120.
Solid waste — See Ch. 276.
Stormwater control — See Ch. 280.
Streets and sidewalks — See Ch. 285.
Subdivision of land — See Ch. 290.
Water — See Ch. 332.

Article I. Sewer Rates and Charges

[Adopted 12-4-1967 (Ch. 96, Art. I, of the 1982 Code)]

§ 262-1. Annual rates and charges; authority of Borough Council.

[Amended 12-8-1969; 10-2-1972; 10-3-1977; 11-5-1979; 3-2-1981; 10-6-1986; 10-19-1987; 10-2-1989; 12-27-1990]
A. The rates and charges for use of the sanitary sewer in the Borough of Swedesboro are fixed and shall be paid in accordance with the schedule of classifications and rates as set forth in Chapter 140, Fees. The rates and charges as set forth in Chapter 140, Fees, are annual rates and charges that shall be billed on a quarterly basis and shall be due and payable on the first day of January, April, July and October. Furthermore, the rates and charges established are effective beginning January 1, 1999, and for each year thereafter.
[Amended 10-21-1996; 12-7-1998; 11-16-2009 by Ord. No. 26-2009 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
B. The Borough shall have the sole and exclusive right to determine into which of the within classifications any property, apartment, store, dwelling, business, house or other user of the sanitary sewage system shall be placed.

§ 262-2. Nonresident use of sanitary system.

[Added 4-19-1999]
A. Purpose. It is the purpose of this section to establish a procedure to determine the sanitary sewer connection and annual user fees for customers located outside of the municipality.
B. Procedure. Sanitary sewer flow rates shall be established for each new service for a facility located outside of the municipality. A domestic unit (DU) of 250 gallons per day shall be used as the basis for all computations. A single-family dwelling unit shall be considered to generate one DU of flow. For all other facilities, flow rate shall be calculated in accordance with New Jersey Department of Environmental Protection standards for sanitary system design. In lieu of this standard, a new user may submit historical data to establish a sanitary system flow rate. This data must be reviewed by the Borough Engineer and approved by the Mayor and Council. After the facilities flow rate has been determined, that rate shall be converted into equivalent DUs. Any fractional part of a DU shall be rounded up to the nearest whole number.
C. Rates, charges and connection fees.
(1) The Borough shall establish fees for connecting to the sanitary sewer system and annual fees for using the system. The applicable fees for customers outside of the municipality shall be determined by multiplying the equivalent DUs of the user by the rates established for connection and annual user fees.
(2) Payment of connection fees shall be made prior to the physical connection into the municipal sewer system. Annual user fees shall be billed periodically in accordance with procedures established for sewer accounts.

§ 262-3. Payment due dates; delinquent charges; disconnection for nonpayment.

A. Rates and charges for the use of the sanitary sewer shall be due quarterly in January, April, July and October of each current calendar year.
[Amended 12-2-2002 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
B. No interest shall be payable if the sewer charges are paid within 10 days of the due date therefor, but sewer charges which are unpaid 10 days from the due date above stated shall bear interest from said due date at the rate of 8% per annum or at a rate of interest to be fixed by resolution of the governing body. Unpaid sewer charges, as provided for herein, shall become a lien upon the premises against which said charges are levied and assessed until such charges and interest thereon are paid. The Borough of Swedesboro shall have the same remedies for the collection of such water charges with interest, costs and penalties as the Borough has by law for the collection of taxes upon real estate. This remedy shall be in addition to all other legal remedies available to the Borough.
[Amended 12-8-1969; 11-5-1984]
C. If any sewer charges shall not be paid within at least 30 days, the Borough Council shall order the Sewer Superintendent to shut off the sanitary sewer at the curb of the premises in question. Upon certification by the Sewer Clerk that all delinquent charges, together with interest due thereon, and together with a turn on fee for delinquent accounts as set forth in Chapter 140, Fees, have been paid, the Sewer Superintendent shall turn on said sewer service.
[Amended 11-5-1984; 11-2-2009 by Ord. No. 23-2009 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]

§ 262-4. Rules and regulations for resident connections and disconnections.

[Amended 12-8-1969; 10-3-1977; 11-5-1979; 11-5-1984; 10-2-1989; 5-17-1999]
The following rules and regulations shall govern the resident connections with and disconnections from the sanitary sewer of the Borough of Swedesboro:
A. All applications to connect properties with the sanitary sewer shall be made in writing by the owner of the property or his agent and shall be filed with the Sewer Clerk of said Borough.
B. Upon the filing of said application, the Sewer Clerk shall notify the Sewer Superintendent of such application. If the Sewer Superintendent recommends approval of such application the Sewer Clerk shall issue a permit to connect such property with the sanitary sewer.
C. All approved connections must be made by the Sewer Superintendent or under his supervision from the sewer line to the curbline of the property owner. The charge for said connection shall be as set forth in Chapter 140, Fees, plus costs to be determined by the Superintendent. This charge, plus costs, shall apply only where a sewer line already exists in the street or along the property where the connection is to be made. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. All applications to disconnect from the sanitary sewer any properties already connected thereto shall be filed by the owner of the property or his agent, in writing, with the Sewer Clerk, together with a permit fee as set forth in Chapter 140, Fees, for each disconnection applied for. Upon issuance of the permit, the Sewer Clerk shall notify the Sewer Superintendent to disconnect the sewer service specified in said permit. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. All applications to reconnect with the sanitary sewer any properties previously disconnected shall be filed by the owner of the property or his agent, in writing, with the Sewer Clerk, together with a permit fee as set forth in Chapter 140, Fees, for each such reconnection applied for. Upon issuance of the permit, the Sewer Clerk shall notify the Sewer Superintendent to reconnect the sewer service specified in said permit. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. All fees and charges due and payable to the Borough of Swedesboro shall be paid prior to the issuance of any permits and prior to any work being performed. Whenever a property owner shall, for his convenience, cause a Gloucester County or State of New Jersey road to be opened for connections as aforesaid, the additional cost shall be paid by the property owner.

§ 262-5. Powers of Borough Council.

The Borough Council shall have the power to make additional rules and regulations to carry into effect the intent and purpose of this article and shall have power to enforce this article and every rule and regulation made hereunder.

§ 262-6. Liability for payment of rates and charges.

The owners of the lands and premises served by the sanitary sewer system shall be liable for the payment of all rates and charges for said sanitary sewer service.

§ 262-7. Violations and penalties.

[Amended 2-15-1982]
Any person violating any provision of this article shall, upon conviction of such violation, pay a penalty of not more than $500 or shall be imprisoned in the county jail for not more than 90 days, or both, in the discretion of the Judge before whom such conviction is had, and every person violating any provision of this article shall, in addition thereto, remain liable to any appropriate action or proceeding which may be instituted by the Borough Council or any officer or department to which the enforcement of this article is assigned, said action having for its purpose the enforcement of any rule or regulation set forth in this article or made under the authority thereof or to answer any damage or any breach thereof or injury to sewer mains.

Article II. Connections Required

[Adopted 6-5-1956 (Ch. 96, Art. II, of the 1982 Code)]

§ 262-8. Definitions.

As used in this article, unless a different meaning clearly appears from the context, the following words shall have the following meanings:
BUILDING
Any building or structure heretofore or hereafter constructed and designed or used for dwelling purposes or for temporary or permanent occupancy by persons.
CONNECTION DATE
With respect to any building, the 90th day after the later of the two following dates: the date of completion of construction or the date of initial occupancy of such building, whichever of said dates shall be the earlier in point of time, and the date of initial operation, as a part of any publicly owned sewage treatment and disposal system in the Borough, of a sewer in the street upon which such building is located.
SEWER
Any publicly owned sewer or main designed for collection or disposal of sanitary sewage and located in any public street in the Borough.

§ 262-9. Installation of toilet and connection with sewer required.

The owner of any building located upon any street in the Borough in which a sewer is now constructed or shall be hereafter constructed shall, prior to the connection date with respect to such building, install a toilet in such building, unless a toilet is installed therein, and shall connect such building and the toilet therein with such sewer. Editor's Note: Original Sec. 3, which immediately followed this section and provided for material specifications for connections, was deleted 2-15-1982.

§ 262-10. Connections and installations by Borough.

If the owner of any property shall fail to make any connection or installation required by this article within the time herein required, the Borough may proceed to make such connection or installation or cause the same to be made and charge and assess the cost thereof against such property pursuant to N.J.S.A. 40:63-52 to 40:63-64.

Article III. Wastewater Discharges by Industrial Users

[Adopted 5-16-1977 (Ch. 96, Art. III, of the 1982 Code)]

§ 262-11. Purpose.

The purpose of this article is to provide for the use of the publicly owned sewerage facilities by industries located within the area served by the Borough of Swedesboro without damage to the physical facilities, without impairment of their normal function of collecting, treating and discharging domestic wastewaters from the area served by the Borough of Swedesboro and without the discharge by the publicly owned treatment works of pollutants which would be in violation of its permitted discharge under the applicable rules and regulations of state and federal regulatory agencies.

§ 262-12. Legislative background.

A. The publicly owned treatment works of the Borough of Swedesboro are operating under a permit issued by the Environmental Protection Agency under the National Pollution Discharge Elimination System as provided for in Section 402 of Public Law 92-500. The permit requires discharges from the treatment works of the Borough of Swedesboro to conform to certain specific limitations as to the quantity of pollutants which may be discharged by the treatment works. Wastewaters from industrial users conveyed into the publicly owned sewerage facilities are further provided for under Section 307 of Public Law 92-500 and under rules and regulations contained in the Code of Federal Regulations promulgated in implementation of that section.
B. The operation of the publicly owned treatment works is also under the jurisdiction of the Department of Environmental Protection, State of New Jersey, with regard to water quality standards established by that agency.

§ 262-13. Definitions and word usage.

A. Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
AUTHORITY
The agency which is responsible for the administration of this article.
COOLING WATER
The water discharged from any use, such as air conditioning, cooling or refrigeration, during which the only pollutant added to the water is heat.
DISTRICT
The area served by the Authority.
EPA
The United States Environmental Protection Agency.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of food.
INDUSTRIAL WASTEWATER
The discharge of a liquid resulting from the processes employed in industrial establishments.
MAJOR CONTRIBUTING INDUSTRY
A major source of industrial wastewater as defined in the federal pretreatment standards.
MANAGER
The Mayor and Borough Council's agent of the Borough of Swedesboro or his authorized deputy, agent or representative.
NPDES
The National Pollutant Discharge Elimination System as defined in Section 402 of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500).
PERSON
Any individual, firm, company, association, society, corporation or group, including a city, county, town, village or sewer district.
pH
The negative logarithm or the log of the reciprocal of the concentration of hydrogen ions in gram moles per liter of solution as determined by acceptable laboratory procedures.
PRETREATMENT
The treatment of wastewater by the user before introduction into the publicly owned system.
PRETREATMENT STANDARDS
All applicable rules and regulations contained in the Code of Federal Regulations as published in the Federal Register under Section 307 of Public Law 92-500.
PROPERLY SHREDDED GARBAGE
The waste from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be present.
SEWER
A pipe or conduit for carrying sewage.
SEWERAGE FACILITIES
Includes intercepting sewers, sewage treatment works, pumping stations, outfall sewers and appurtenances constructed, operated and maintained by the Borough of Swedesboro for sewage disposal purposes.
STANDARD METHODS
The Standard Methods for the Examination of Water and Wastewater prepared and published jointly by the American Public Health Association, American Water Works Association and the Water Pollution Control Federation.
STORMWATER
Any flow occurring during or immediately following any form of natural precipitation and resulting therefrom.
UNPOLLUTED WATER
Water not containing any pollutants limited or prohibited by the effluent standards in effect, or water whose discharge will not cause any violation of receiving water quality standards.
USER
Any person discharging wastes to the Borough of Swedesboro sewers.
WASTEWATER
Domestic sewage and industrial wastewaters discharged to the Borough of Swedesboro sewers.
WASTEWATER DISCHARGE PERMIT
A permit to convey or discharge industrial wastewater into any sewer under the jurisdiction of the Borough of Swedesboro.
B. Word usage. "May" is permissive; "shall" is mandatory.

§ 262-14. Prohibitions and limitations on wastewater discharges.

A. Prohibitions on wastewater discharges. No person shall discharge or cause or allow to be discharged into the Borough of Swedesboro sewerage facilities or any connected treatment facilities any waste which contains any of the following:
(1) Oils and grease: fats, wax, grease or oils of more than 100 milligrams per liter, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.) at the point of discharge into the system.
(2) Explosive mixtures: liquids, solids or gases which by reason of their nature or quantity are or may be sufficient to cause fire or explosion or be injurious in any other way to the sewerage facilities or to the operation of the system. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the sewer system be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.
(3) Noxious material: noxious or malodorous solids, liquids or gases which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life or are or may be sufficient to prevent entry into a sewer for its maintenance and repair.
(4) Improperly shredded garbage: garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers, with no particle greater than 1/2 inch in any dimension.
(5) Radioactive wastes: radioactive wastes or isotopes of such half-life or concentration that they are in noncompliance with regulations issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the sewerage facilities or personnel operating the system.
(6) Solid or viscous wastes: solid or viscous wastes which will or may cause obstruction to the flow in a sewer or other interference with the proper operation of the sewerage facilities. Prohibited materials include but are not limited to grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil and similar substances.
(7) Excessive discharge rate: wastewaters at a flow rate which is excessive relative to the capacity of the treatment works and which would cause a treatment process upset and subsequent loss of treatment efficiency, or wastewaters containing such concentrations or quantities of pollutants that their introduction into the treatment works over a relatively short time period, sometimes referred to as slug discharges, would cause a treatment process upset and subsequent loss of treatment efficiency.
(8) Toxic substances: any toxic substances, chemical elements or compounds, phenols or other taste or odor-producing substances or any other substances which may interfere with the biological processes or efficiency of the treatment works.
(9) Unpolluted waters: any unpolluted water, including but not limited to water from cooling systems or of stormwater origin, which will increase the hydraulic load on the sewerage facilities.
(10) Discolored material: wastes with objectionable color not removable by the treatment process.
(11) Corrosive wastes: any waste which will cause corrosion or deterioration of the sewerage facilities. All wastes discharged to the public sewer system must have a pH value in the range of 5.5 to 10. Prohibited materials include but are not limited to acids, sulfides, concentrated chloride and fluoride compounds and substances which will react with water to form acidic products.
B. General limitations on the discharge of pollutants. It is prohibited to discharge or convey to the public sewer any wastewater containing pollutants of such character or quantity that will:
(1) Not be amenable to treatment or interfere with the sewerage facilities.
(2) Constitute a hazard to human or animal life or to the stream or watercourse receiving the treatment plant effluent.
(3) Violate the federal pretreatment standards.
(4) Cause the treatment plant to violate its NPDES permit or applicable receiving water standards.
C. Special agreements. No statement contained in this section shall be construed as preventing any special agreement between the Borough of Swedesboro and any user of the sewerage facilities whereby a wastewater of unusual strength or character may be accepted into the system, subject to any payments as may be agreed upon by the two parties.

§ 262-15. Control of discharge of prohibited wastes.

A. Regulatory actions. If wastewaters containing any substance described in § 262-14 of this article are discharged or proposed to be discharged into the sewer system of the Borough of Swedesboro or to any sewer system tributary thereto, the Borough of Swedesboro may take any action necessary to:
(1) Prohibit the discharge of such wastewater.
(2) Require a discharger to demonstrate that in-plant modifications will eliminate the discharge of such substances to a degree as to be acceptable to the Borough of Swedesboro.
(3) Require pretreatment, including storage facilities, or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate these rules and regulations.
(4) Require the person or local government unit making, causing or allowing the discharge to pay any added cost of handling and treating excess loads imposed on the sewerage facilities.
(5) Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this article.
B. Submission of plans. Where pretreatment or equalization of wastewater flows prior to discharge into any part of its sewerage facilities is required by the Borough of Swedesboro, plans, specifications and other pertinent data or information relating to such pretreatment or flow-control facilities shall be submitted to the Borough of Swedesboro for review and approval. Approval shall in no way exempt the discharge or such facilities from compliance with any applicable code, ordinance, rule or regulation of any governmental unit or the Borough of Swedesboro. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without due notice to and approval of the Borough of Swedesboro.
C. Pretreatment facilities operations. If pretreatment or control of waste flows is required, such facilities shall be effectively operated and maintained by the owner at his expense, subject to the requirements of these rules and regulations and all other applicable codes, ordinances and laws.
D. Admission to property. Whenever it shall be necessary for the purposes of these rules and regulations, the Manager may immediately enter upon any property upon presentation of credentials for the purpose of obtaining information or conducting surveys or investigations. Entry shall normally be made during daylight or operating hours. However, the Manager reserves the right to enter upon the property at any hour of any day the Manager deems necessary as a result of abnormal or emergency circumstances.
E. Reporting of accidental discharges. If an accidental discharge of prohibited or regulated pollutants to the sewerage facilities should occur, the industrial facility responsible for such discharge shall immediately notify the Manager so that corrective action may be taken to protect the sewerage facilities. In addition, a written report addressed to the Manager detailing the date, time and cause of the accidental discharge, the quantity and characteristics of the discharge and corrective action taken to prevent future discharges shall be filed by the responsible industrial facility within 30 days of the occurrence of the accidental discharge.

§ 262-16. Industrial wastewater sampling and analysis.

A. Basis of compliance determination. Compliance determinations with respect to § 262-14 may be made on the basis of either instantaneous grab samples or composite samples of industrial wastewater at the discretion of the Manager. Composite samples may be taken over a twenty-four-hour period or over a longer or shorter duration of time as determined by the Manager to meet the needs of specific circumstances.
B. Control manhole. Where required by the Borough of Swedesboro, industrial dischargers shall install a suitable control manhole, together with such necessary samplers, meters, recorders and other appurtenances, to adequately sample and measure the wastes discharged. The control manhole shall be constructed and operated so as to permit accurate sampling and flow measurements of all wastes discharged. Where conditions do not permit measurement of all discharges from one industrial facility at a single control manhole, multiple control manholes shall be provided. The control manhole shall be located so as to permit unrestricted access by the Borough of Swedesboro representatives and provide sufficient space for storage of samples and equipment to allow for accurate sampling. The control manhole shall be situated on the discharger's premises, but the Borough of Swedesboro may, when such a location would be impractical or cause undue hardship on the discharger, allow the control manhole to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. If the control manhole is located within the discharger's fence, there shall be accommodation to allow for access by the Borough of Swedesboro personnel, such as a gate secured with a Borough of Swedesboro lock.
C. Analysis of industrial wastewaters. Laboratory analysis of industrial wastewater samples shall be performed in accordance with the current edition of Standard Methods, Methods for Chemical Analysis of Water and Waste, published by the United States Environmental Protection Agency, or the Annual Book of Standards, Part 23, Water, Atmospheric Analysis, published by the American Society for Testing and Materials. Analysis of those pollutants not covered by these publications shall be performed in accordance with procedures established by the Borough of Swedesboro.
D. Sampling frequency. Sampling of industrial wastewater for the purpose of compliance determination with respect to § 262-14 will be done at such random intervals as the Borough of Swedesboro may designate. However, it is the intention of the Borough of Swedesboro to conduct compliance sampling for all major contributive industries at least once in every one-year period.
E. Cost of sampling and analysis. Costs incurred in connection with the first sampling and analysis performed during any one-year period for the purpose of compliance determination with respect to § 262-14 will be paid by the discharger. The cost of any additional sampling and analysis during this interval will be paid by the Borough of Swedesboro.

§ 262-17. Industrial discharge permit system.

A. Wastewater discharge permits. All major contributing industries proposing to connect or to discharge into any Borough of Swedesboro sewer must obtain a discharge permit from the Borough of Swedesboro. All existing major contributing industries connected to or discharging to a Borough of Swedesboro sewer must obtain a wastewater discharge permit within 90 days of the effective date of this article.
B. Permit application.
(1) Users seeking a wastewater discharge permit shall complete and file with the Manager an application on the form prescribed by the Manager and accompanied by the applicable fee. In support of this application, the user shall submit the following information:
(a) Name, address and SIC number of the applicant.
(b) Volume of wastewater to be discharged.
(c) Wastewater constituents and characteristics, including but not limited to those mentioned in § 262-14, as determined by a laboratory approved by the Borough of Swedesboro.
(d) Time and duration of discharge.
(e) Average and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation.
(g) Description of activities, facilities and plant processes on the premises, including all materials and types of materials which are or could be discharged.
(h) Each product produced by type, amount and rate of production.
(i) Number and type of employees and hours of work.
(j) Any other information as may be deemed by the Manager to be necessary to evaluate the permit application.
(2) The Manager will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Manager may issue a wastewater discharge permit, subject to terms and conditions provided herein.
C. Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other regulations, user charges and fees established by the Borough of Swedesboro. The conditions of wastewater discharge permits shall be uniformly enforced by the Manager in accordance with this article and applicable state and federal regulations. Permit conditions will include the following:
(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to the Borough of Swedesboro.
(2) The average and maximum wastewater constituents and characteristics.
(3) Limits on rate and time of discharge or requirements for flow regulations and equalization.
(4) Requirements for installation of inspection and sampling facilities.
(5) Pretreatment requirements.
(6) Requirements for maintaining plant records relating to wastewater discharges, as specified by the Borough of Swedesboro, and affording the Borough of Swedesboro access thereto.
(7) Mean and maximum mass emission rates or other appropriate limits when pollutants subject to limitations and prohibitions are proposed or present in the user's wastewater discharge.
(8) Other conditions as deemed appropriate by the Borough of Swedesboro to ensure compliance with this article.
D. Duration of permits. Permits shall be issued for a specified time period not to exceed five years. A permit may be issued for a period of less than one year or may be stated to expire on a specific date. If the user is not notified by the Borough of Swedesboro 30 days prior to the expiration of the permit, the permit shall automatically be extended for three months. The terms and conditions of the permit may be subject to modification and change by the Borough of Swedesboro during the life of the permit as limitations or requirements as identified in Subsection C are modified and changed. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
E. Transfer of permit. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation.
F. Revocation of permit. Any user who violates the following conditions of his permit or of this article or of applicable state and federal regulations is subject to having his permit revoked. Violations subjecting a user to possible revocation of his permit include:
(1) Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
(2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
(4) Violation of conditions of the permit.

§ 262-18. Enforcement procedures; violations and penalties.

A. Notification of violation. Any person found in violation of this article or of any prohibition, limitation or requirement contained herein will be served by the Manager with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The Manager will endeavor to the full extent possible to eliminate or remedy such violation without resorting to further administrative proceedings.
B. Show cause hearing.
(1) If those efforts have been unsuccessful, the Manager may order any person who causes or allows an unauthorized discharge to show cause before the Borough of Swedesboro why such discharge should not be discontinued. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the Borough of Swedesboro regarding the violation and directing the offending party to show cause before the Borough of Swedesboro why an order should not be made directing the discontinuance of such discharge. The notice of the hearing shall be served personally or by registered or certified mail at least 10 days before the hearing, and service may be made on any agent or officer of a corporation.
(2) The Borough of Swedesboro may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the Borough of Swedesboro to:
(a) Issue in the name of the Borough of Swedesboro notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings.
(b) Take the evidence.
(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations, to the Borough of Swedesboro for action thereon.
(3) At any public hearing, testimony taken before the Borough of Swedesboro or any person designated by it must be under oath and recorded stenographically. The transcript so recorded will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
(4) After the Borough of Swedesboro has reviewed the evidence, it may issue an order to the party responsible for the discharge, directing that within a specified time period the discharge shall be discontinued unless adequate treatment works, facilities or devices shall have been installed or existing adequate treatment works, facilities or devices are properly operated and any other such orders as the Borough of Swedesboro may deem necessary.
C. Court proceedings. A violation of an order of the Borough of Swedesboro shall be considered a nuisance. If any person discharges sewage, industrial wastes or other wastes into the sewerage facilities under the jurisdiction of the Borough of Swedesboro contrary to any order of the Borough of Swedesboro, the Borough of Swedesboro, acting through the Manager, may commence an action by proceeding in the Circuit Court in and for the county in which the Borough of Swedesboro is located or operates facilities for the purpose of having the discharge stopped either by mandamus or injunction.
D. Violations and penalties. Whoever fails to comply with any provisions of this article or with an order of the Borough of Swedesboro issued in pursuance of this article shall be fined not less than $100 nor more than $10,000 for each offense. Each day's continuance of such failure is a separate offense. The penalties so imposed, plus reasonable attorneys' fees, court costs and other expenses of litigation, are recoverable by the Borough of Swedesboro upon its suit as debts are recoverable at law.
E. Injunctive relief. In addition to the penalties provided in the foregoing section, wherever a person violates any provision of this article or fails to comply with any order of the Borough of Swedesboro, the Borough of Swedesboro, acting through the Manager, may apply to the Circuit Court of the county for the issuance of an injunction restraining the person violating this article or failing to comply with the order from making any further discharges into the sewerage facilities under the jurisdiction of the Borough of Swedesboro.

§ 262-19. Industrial self-monitoring requirements.

In order to effectively administer and enforce the provisions of these regulations, the Manager may ask any discharger to comply with any or all of the following requirements:
A. Discharge reports. The Manager may require discharge reports, including but not limited to questionnaires, technical reports, sampling reports, test analyses and periodic reports of wastewater discharge. When a report filed by a user pursuant to this section is not adequate in the judgment of the Manager, he may require the user to supply such additional information as the Manager deems necessary. The discharge report may include but not be limited to nature of the process, volume and rates of wastewater flow, elements, constituents and characteristics of the wastewater, together with any information required in an application for a wastewater discharge permit.
B. Monitoring programs.
(1) The Manager may require of users such technical or monitoring programs, including the submission of periodic reports, as he deems necessary, provided that the burden, including costs, of such programs and reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained therefrom. The discharger shall pay the applicable Borough of Swedesboro charge for the monitoring program, in addition to the sewage disposal and other charges established by the Borough of Swedesboro.
(2) The monitoring program may require the discharger to conduct a sampling and analysis program of a frequency and type specified by the Manager to demonstrate compliance with prescribed wastewater discharge limits. The discharger may either conduct his own sampling and analysis program, provided that he demonstrates to the Manager that he has the necessary qualifications and facilities to perform the work, or engage a private laboratory approved by the Manager.
C. Trade secrets. When requested by the user furnishing a report or permit application or questionnaire, the portions of the report or other document which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to governmental agencies for use in making studies; provided, however, that such portions of a report or other document shall be available for use by the Borough of Swedesboro or the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.

§ 262-20. Authority of Manager.

The Manager is charged with the responsibility for the Borough of Swedesboro industrial discharge control program and enforcement of the provisions of this article.

Article IV. Environmental Restraints and Conditions

[Adopted 5-1-2000 (Ch. 96, Art. IV, of the 1982 Code)]

§ 262-21. Purpose.

The purpose of this article is to comply with the conditions for obtaining New Jersey Department of Environmental Protection (NJDEP) grant funds for the sanitary sewer improvements.

§ 262-22. Restraints and conditions.

A. It is prohibited to make any new connections from inflow sources into the treatment facility. All new sewers and connections into the treatment facilities must be properly designed and constructed.
B. The Sewer Department shall diligently investigate any existing inflow sources and eliminate such sources within a reasonable time period.
C. All wastewater introduced into the treatment facilities shall not contain toxics or other pollutants in amounts or concentrations that endanger public safety and the physical integrity of the treatment facilities, nor violate effluent or water quality limitations, nor preclude the selection of the most cost effective alternative for wastewater treatment and sludge disposal.
D. The costs of operations and maintenance for all flows not directly attributable to users, i.e. infiltration and inflow, shall be distributed among all users in the same manner that the cost for actual use is distributed.

Article V. Illicit Connections to Storm Sewers

[Adopted 2-20-2007 by Ord. No. 9-2007 (Ch. 96, Art. V, of the 1982 Code)]

§ 262-23. Purpose.

This is an article to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Swedesboro, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§ 262-24. Definitions.

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 definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Any physical or nonphysical connection that discharges domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Swedesboro, unless that discharge is authorized under a NJPDES permit other than the Tier A municipal stormwater general permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act [33 U.S.C. § 1317(a), (b), or (c)].
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Swedesboro or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
A permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NONCONTACT COOLING WATER
Water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Noncontact cooling water may, however, contain algaecides or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than noncontact cooling water.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

§ 262-25. Prohibited conduct.

No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Swedesboro any domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater).

§ 262-26. Enforcement.

This article shall be enforced by the Police Department.

§ 262-27. Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $1,000.

Article VI. Nonstormwater Discharge to Storm Sewers

[Adopted 2-20-2007 by Ord. No. 10-2007 (Ch. 96, Art. VI, of the 1982 Code)]

§ 262-28. Purpose.

This is an article to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Swedesboro, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§ 262-29. Definitions.

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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Swedesboro or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

§ 262-30. Prohibited conduct.

The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Swedesboro is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.

§ 262-31. Exceptions to prohibitions.

The following are exceptions to the prohibitions:
A. Water line flushing and discharges from potable water sources.
B. Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
C. Air-conditioning condensate (excluding contact and noncontact cooling water).
D. Irrigation water (including landscape and lawn-watering runoff).
E. Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
F. Residential car-washing water and residential swimming pool discharges.
G. Sidewalk, driveway and street wash water.
H. Flows from fire-fighting activities.
I. Flows from rinsing of the following equipment with clean water: beach maintenance equipment immediately following its use for its intended purpose; and equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of equipment, as noted in the above situation, is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.

§ 262-32. Enforcement.

This article shall be enforced by the Police Department.

§ 262-33. Violations and penalties.

Any person(s) who continues to be in violation of the provisions of this article, after being duly notified, shall be subject to a fine not to exceed $1,000.

Article VII. Private Storm Drain Inlet Retrofitting

[Adopted 5-4-2009 by Ord. No. 11-2009]

§ 262-34. Purpose.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The purpose of this article is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Swedesboro so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§ 262-35. Definitions.

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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Swedesboro or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

§ 262-36. Prohibited conduct.

No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
A. Already meets the design standard below to control passage of solid and floatable materials; or
B. Is retrofitted or replaced to meet the standard in § 262-37 below prior to the completion of the project.

§ 262-37. Design standard.

Storm drain inlets identified in § 262-36 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 262-37C below.
A. Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(1) The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
(2) A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension.
(3) Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
B. Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
C. This standard does not apply:
(1) Where the Borough Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
(2) Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(a) A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
(b) A bar screen having a bar spacing of 0.5 inch;
(3) Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or
(4) Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

§ 262-38. Enforcement.

This article shall be enforced by the Police Department and/or other municipal officials of the Borough of Swedesboro.

§ 262-39. Violations and penalties.

Any person(s) found to be in violation of the provisions of this article shall be subject to a fine not to exceed $1,000 for each storm drain inlet that is not retrofitted to meet the design standards.

Chapter 268. SITE PLAN REVIEW

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 5-19-1986 (Ch. 98 of the 1982 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Land use procedures — See Ch. 200.
Subdivision of land — See Ch. 290.
Zoning — See Ch. 340.

§ 268-1. Purpose; compliance required.

In order to protect and preserve the road network of the Borough, to ensure the movement of traffic, to promote the development of a beautiful and well-ordered community, to further the comprehensive planning and to best serve the interests of the public health, safety and general welfare, no public, professional, commercial, industrial or other nonresidential use and no multifamily dwelling use shall be permitted, nor shall any building permit or occupancy permit be issued for such uses, until the procedure outlined in this chapter has been complied with.

§ 268-2. Approval required.

[Amended 2-16-1988]
When required by law, each application for site plan approval shall be submitted by the applicant to the County Planning Board for review and approval, and the approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon with the required time period.

§ 268-3. Application procedure.

A. The applicant shall submit 15 copies of this complete application for site plan or conditional use approval to the Zoning Office of the Borough during regularly scheduled office hours, at least 14 days prior to the next regularly scheduled meeting of the Board before whom this application will be heard. The Board's time for review shall begin upon submission of a complete application, and any submitted application shall be deemed to be complete unless the applicant is informed, in writing, by the Secretary of the Planning Board, within 21 days of the actual submission of the application, that it is incomplete. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. A complete application for preliminary approval shall consist of the following:
(1) A properly completed site plan or conditional use information form.
(2) The required fee.
(3) A sealed site plan prepared by a professional engineer or land surveyor licensed in the State of New Jersey on which the following is set out: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(a) The scale, not to exceed one inch equals 100 feet on a sheet no larger than 24 inches by 36 inches.
(b) A locator map showing all road intersections within 500 feet or the nearest intersection, whichever is most distant.
(c) All structures, wooded areas and topography within two-foot intervals, except where the slope exceeds 15%, in which case contour intervals may be five feet for those areas.
(d) All lot lines and owners of lots within 200 feet of the site.
(e) Streets, easements, watercourses and rights-of-way, both existing and proposed.
(f) Utility and drainage plans.
(g) Any extension of off-tract improvements necessitated by the proposed development.
(h) A soil erosion and sedimentation control plan, pursuant to the requirements of N.J.S.A. 4:24-39 et seq.
(i) Preliminary plans for elevations and locations of structures, parking, lighting, loading, signs and landscaping.
C. The Secretary of the Planning Board shall distribute the site plan and/or conditional use application for review and report and, where required, approval as follows:
(1) The Municipal Engineer.
(2) The Municipal Fire Subcode Official.
(3) The administrative officer.
(4) The County Board of Health.
(5) The County Planning Board.
(6) The Environmental Committee.
(7) The Zoning Officer.
(8) Any other board or agency that may review the application.

§ 268-4. Off-tract improvements.

The approving authority shall require, as a condition of site plan approval, that the developer provide any reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor located outside the property lines of the development but necessitated or required by construction or improvements within such development.

§ 268-5. Decisions; informal review.

A. Time limits.
(1) Upon the submission to the Secretary of the Planning Board of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief, the Planning Board shall grant or deny approval within 95 days of the date of the submission of a complete application to the Secretary of the Planning Board or within such time as may be consented to by the applicant.
(2) Upon the submission of a complete application for a site plan of more than 10 acres, or for a conditional use approval, the Planning Board shall grant or deny approval of the site plan and/or conditional use within 95 days of the date of such admission or within such further time as may be consented to by the applicant.
B. Failure of the Planning Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the site plan and/or conditional use as submitted.
C. The Planning Board may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationships of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review.
D. If the Planning Board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development.
E. Nothing herein shall be construed to limit the right of the developer to submit a sketch plat to the Planning Board for informal review, and neither the Planning Board nor the developer shall be bound by any discussions or statements made during such review, provided that the right of the developer at any time to submit a complete application for site plan approval shall not be limited by his submission of a sketch plat and that the time for the Planning Board's decision shall not begin to run until the submission of a complete application.

§ 268-6. Public hearings.

[Amended 2-17-1987]
A. A public hearing shall be held on all applications for site plan approval involving uses which, on the submitted complete application for approval, show five or more off-street vehicle parking spaces. A public hearing is not required for all other site plan applications.
B. Whenever a hearing is required on application for site plan approval pursuant to this section, the applicant shall give public notice by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
C. Form of notice. All notice required to be given pursuant to the terms of this section shall state the date, time and place of hearing, the nature of the matter to be considered and identification of the property proposed for site plan approval by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the County Tax Assessor's office and the location and times at which any maps and documents by which approval is sought are available as required by law.

§ 268-7. Exceptions; simultaneous review and approval of conditional uses.

A. The approving authority, when acting upon application for site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
B. The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for approval without the developer being required to make further application to the approving authority or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it be conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plan shall include reference to the request for such conditional use.

§ 268-8. Waiver of site plan.

[Added 8-17-2009 by Ord. No. 20-2009]
A. The Planning/Zoning Board may waive requirements for site plan review if the construction or alteration or change of use of a building or structure does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting or other matters and things which are the usual and proper subjects of site plan review.
B. In order to request a waiver of site plan review, an applicant shall submit an application for the waiver of site plan, along with a record plan of the existing conditions found on the land (or a copy of a record plan previously on file with the municipality) and the required application fee and review escrow. Upon receipt of a complete application package the Planning/Zoning Board Secretary shall set a date for consideration for the labor request by the Planning Board.
C. A record plan shall consist of:
(1) A plan, at scale of one inch equals 20 feet, or the largest scale possible to show the entire site on one sheet, up to a minimum scale of one inch equals 50 feet, showing accurately, and with complete dimensioning, the boundaries of the site and the location of buildings, structures, uses, parking areas, vegetation, utilities, lighting and other principle features of the subject parcel or lot; and
(2) An architectural record of the existing structures on the site, including at a minimum:
(a) Photographs of all facades;
(b) A copy of the Borough Assessor's record card of the property architectural elevations of the building, if they currently exist;
(c) A letter of opinion submitted by a qualified architect, registered in the State of New Jersey, stating the historical period and the building style of the existing building.
D. The applicant shall file with the Planning/Zoning Board Secretary 16 copies of the required record plan and supporting documents.
E. The Board Secretary, upon determination that the submission is complete, shall distribute copies, as applicable, to the following municipal agencies along with a request for comments or objection to a waiver of a site plan review:
(1) Planning/Zoning Board Engineer.
(2) Zoning Officer.
(3) Board of Fire Commissioners.
(4) Tax Assessor.
(5) Borough Construction Code Official.
(6) Historic Preservation Advisory Commission.
(7) Planning/Zoning Board Solicitor.

Chapter 276. SOLID WASTE

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 140.
Littering — See Ch. 206
Property maintenance — See Ch. 241.
Sewers and sewage disposal — See Ch. 262.
Stormwater control — See Ch. 280.

Article I. Refuse Containers and Dumpsters

[Adopted 5-4-2009 by Ord. No. 9-2009]

§ 276-1. Purpose.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The purpose of this article is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semiliquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Swedesboro and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§ 276-2. Definitions.

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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Swedesboro or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

§ 276-3. Prohibited conduct.

A. Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
B. Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semiliquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Swedesboro.

§ 276-4. Exceptions to prohibition.

Exceptions to the prohibition include:
A. Permitted temporary demolition containers.
B. Litter receptacles (other than dumpsters or other bulk containers).
C. Individual homeowner trash and recycling containers.
D. Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
E. Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).

§ 276-5. Enforcement.

This article shall be enforced by the Police Department and or other municipal officials of the Borough of Swedesboro.

§ 276-6. Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $1,000.

Article II. Solid Waste and Recycling

[Adopted 12-20-2010 by Ord. No. 14-2010 (Article I)]

§ 276-7. Definitions.

As used in this article, the following terms shall have meanings indicated:
ASHES
Includes the solid residue after combustion from material used as fuel for heating and cooking purposes.
BUILDING
A structure that containers one or more units.
BULK TRASH
Trash that is generated from the ordinary housekeeping operations of a residential unit. Bulk waste is items of trash, debris, or discarded household furniture, equipment or other items not falling within the definition of solid waste or recyclables, which shall not fit in the trash container assigned to the resident. Examples of bulk waste include, but are not limited to, couches, chairs, mattresses, box springs, tables, carpeting in lengths of four feet to five feet, tied in bundles of less than 50 pounds, padding, and the like. Bulk waste must be generated by the customer at the residential unit where it is being collected. Bulk trash does not include contractor generated waste, exempt items and storm debris.
[Added 9-19-2011 by Ord. No. 9-2011]
CART
A container designed to be mechanically emptied by an automated or semiautomated collection vehicle.
CODE OFFICIAL OFFICER
The person or persons appointed by the municipal governing body who shall be authorized to, among other things, enforce the provisions of this article, and any rules and regulations which may be promulgated hereunder.
[Added 9-19-2011 by Ord. No. 9-2011]
CLEANOUTS
More than the allotted trash as defined under bulk trash limits.
[Added 9-19-2011 by Ord. No. 9-2011]
COMMERCIAL SECTOR
All designated commercial retail, wholesale, institutional, markets, and manufacturing facilities, including but not limited to: taverns, restaurants, churches, offices professional offices, day care, and private schools and facilities, strip stores, farms, and construction and demolition projects buildings and projects.
COMPLEX
A property that contains more than one building.
CONTAINER or RECEPTACLE
A roll off, dumpster, cart, can or bag designed to receive and accept solid waste or recyclable materials and prevent spillage of its contents.
CURB
The area adjoining the curbline of the street.
DOCUMENTATION
Original copies, receipts or letters in the form of certified weight receipts or a signed business form letter that shall include the name of the end market or markets and or disposal facility or facilities, the hauler and the generator and shall show the dates and quantity/weights of solid waste and or recycled material.
A. AMOUNT — A product disposed/sold by weight, count, gallonage, or yardage.
DUMPING
Placement of any form of solid waste or recyclables equal to or more than 0.148 cubic yard of solids or 30 U.S. gallons of liquid not placed in a public receptacle or in authorized private receptacle for collection, upon any street, sidewalk or private or public property.
DUMPSTER
A container designed to be mechanically emptied. These dumpsters must have lids.
ELECTRONIC WASTE
A computer central processing unit and associated hardware, including keyboards, modems, printers, scanners, fax machines, VCR and DVD players, radios, rechargeable batteries, TVs, electronic components and the like.
ESTABLISHMENT
A place where people live or conduct business.
HAZARDOUS WASTES
Including but not limited to motors oils, oil base paint, paint thinners, cleaners, pesticides, and any other item designated by the federal or state Environmental Protection Agency as to special handling.
ITEM
A product too large to fit into a cart/container or plastic bag.
LANDFILL
A facility designed exclusively to accept solid waste, designed and permitted to meet all federal and New Jersey Environmental Protection Agency rules and standards.
LITTERING
Placement of any form of solid waste or recyclable material of less than 0.148 cubic yard of solid or 30 U.S. gallons of liquid not placed in a public receptacle or in authorized private receptacle for collection upon any sidewalk, or private or public property.
MEDICAL/BIOHAZARDOUS WASTES
Including but not limited to any solid waste which is generated in the diagnosis, treatment (for example, provision of medical service) or immunization of human beings or animals in research pertaining thereto or in the production of testing biologicals. The term does not include any hazardous waste identified or listed under 40 CFR Part 261 or any household waste generated from home self-care as defined in this section.
MULTIFAMILY DWELLING
Any building or structure or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease for residential purposes (see N.J.S.A. 13:1E-99.13a) and shall include motels, hotels, or other guest houses serving transient or seasonal guests as those terms are defined under Subsection (j) of Section 3 of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this article, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SECTOR
All designated municipal buildings, parks, public events, public school facilities, fire and ambulance facilities.
OCCUPANT
A person or persons, partnership or partnerships, corporation or corporations, or any other entity due to his or its status as an owner or lessee of a property in the Borough of Swedesboro.
PERSON
Includes any and all person(s), partnership(s), corporation(s) or any entity.
PLASTIC BAGS
A bag designed to hold solid waste or recyclable materials.
RECYCLABLE MATERIAL
Those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or product.
A. FERROUS AND NONFERROUS METAL AND APPLIANCES — Washers, dryers, dishwashers, ovens, hot-water tanks, hot and cold tanks, gas/oil/electric heaters, empty gas tanks, bicycles, metal shelves, storage cabinets, auto parts, metal lawn equipment, or other large appliances commonly referred to as "white goods."
B. OZONE DEPLETING COMPOUNDS (FREON) — Items containing chlorofluorocarbons (CFCs) and other ozone depleting compounds (ODCs) examples which include air conditioners, refrigerators and freezers.
C. CANS — Aluminum, steel, tin, and bimetal containers and foil. Labels may be left on.
D. GLASS — All bottles, jars and jugs made from silica or sand, soda ash and limestone and used for packaging or bottling or the holding of various matter. Clear, green, brown and other colors are included. This shall not include ceramics, window glass, light bulbs, cooking ware or mirrors.
E. PLASTICS — All bottles, jars and jugs commonly marked as "PET(1)" and "HDPE(2)". Rings, caps and labels may be left on. This shall not include tubs or other items not considered a bottle, jar or jug.
F. PAPER — All uncontaminated corrugated boxes and panels, newspaper, magazines, books, junk mail, chipboard, computer paper, office paper, copy paper, school paper, etc. This shall not include paper that is treated, waxed or contaminated so as to be a health concern or problem.
G. BATTERIES — Wet cell automotive, motorcycle and boat batteries. Commonly found in six-, twelve-, and twenty-four-volt chargers.
H. OILS — Motor and transmission oils.
I. OIL FILTERS — Oil and transmission filters made in a metal container.
J. TIRES — Passenger and truck tires and tubes.
K. VEGETATIVE YARD WASTE — Leaves, grass, branches, shrubs, small stumps, bushes, hedge trimmings, and weeds.
L. MASONRY — All products generally used in the construction of buildings, including but not limited to bricks, cinder blocks, asphalt, concrete, rock and stone.
M. OTHER — Additionally, all businesses are encouraged to examine their operation for any additional item or items, including but not limited to food waste and other plastics that can be recycled over and above the items mandated by these regulations.
RESIDENTIAL SECTOR
All designated single-family and multifamily buildings of two or more separate living units.
ROLL-OFF CONTAINER
A container that is designated to be removable from a vehicle or chassis.
SOLID WASTE
Consisting of solid waste Types 10, 13, 13A, 23, 25 and 27, as defined by the New Jersey Department of Environmental Protection Agency, N.J.A.C. 7:26-2.13.
SOLID WASTE INCINERATOR (ALSO KNOWN AS RESOURCE RECOVERY FACILITY AND WASTE TO ENERGY FACILITY)
A facility designated exclusively to accept solid waste for incineration and designed and permitted to meet all federal and New Jersey Environmental Protection Agency rules and standards.
SOURCE SEPARATION
The process of which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purpose of recycling.
SOURCE-SEPARATED RECYCLING MATERIALS
Recycling materials which are separated at the point of generation by the generator thereof from solid waste for the purpose of recycling.
STREETS
All public highways, avenues, streets, lanes, boulevards, circles, terraces, drives, and public roads, whether dedicated or not, within the limits of the Borough of Swedesboro.
TIED BUNDLE
A bundle should be used for the collection and removal of solid waste or recyclable.
UNIT
A single commercial, municipal, or residential establishment.

§ 276-8. Contract procedure; places served; exceptions.

A. The Borough Council shall have the power, if in its opinion it is more advantageous to have the garbage, recyclables and other animal and vegetable refuse collected, removed and disposed of by other persons other than authorities of the Borough, to make a contract or contracts for such work or any portion thereof with any individual or individuals, corporation or corporations. Before making such contract or contracts, the Borough Council shall first adopt specifications for doing of the work in a sanitary and inoffensive manner. Said contract shall be entered into and made only after bids thereof have been advertised according to law and then only to the lowest responsible bidder or bidders. The bidder or bidders to whom the contract is awarded shall give satisfactory bond or other security for the faithful performance of the work. The contract shall include and in all respects conform to the specifications adopted for doing the work.
B. The Borough Council shall have the power, if in its opinion it is more advantageous, to have the garbage, recyclables and other animal and vegetable refuse collected, removed and disposed of by another municipality or municipalities through a service agreement/interlocal agreement. The share service/interlocal agreement shall meet the collection and disposal of garbage, recyclables and animal and vegetable refuse as specified within the promises and of the covenants, terms and conditions as mutually agreed upon by both parties within the service agreement.
C. Combined trash and recycling collection, removal and disposal will be available by the Borough of Swedesboro from all places and establishments of the commercial, municipal and residential sectors.
D. Combined trash and garbage collection, removal and disposal will not be furnished for the following: warehousing, manufacturing, processing, transportation, construction or servicing businesses and/or any business which, by nature, creates or results in unusual quantities of trash and garbage. All commercial establishments on a single block and lot are considered to be one establishment under this provision. Commercial properties that do not fall into these categories will be provided one can.

§ 276-9. Mandatory source separation; exemptions.

A. Mandatory source separation. It shall be mandatory for all persons who are owners, tenants or occupants of residential and nonresidential premises, which shall include but is not limited to retail and other commercial establishments and locations, as well as government, schools and other institutional locations within the municipality of the Borough of Swedesboro, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separated at the curb in a manner and on such days and times as may be hereinafter established by the regulators promulgated by the Borough of Swedesboro.
B. Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of this article which require a person generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream the specified recyclables materials if those persons otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this article, a commercial or institutional generator of solid waste shall file an application for exemption with the Municipal Recycling Coordinator on forms to be provided for the purpose. The form shall include, at a minimum, the following information:
(1) The name of the commercial or institutional entity;
(2) The street address, location and block and lot designation;
(3) The name, official title and phone number of the person and telephone number of the person making the application on the behalf of the commercial or institutional entity;
(4) The name, address and official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials; and
(5) A certification that the designated recyclable materials will be recycled and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the Recycling Coordinator of the total number of tons collected and recycled for each designated material.

§ 276-10. Designated recyclable materials.

The following materials shall be designated recyclables from the commercial, municipal, institutional and residential sectors: ozone depleting compound appliances, ferrous and nonferrous metals, glass, cans, plastics, paper, newspaper, glass bottles and jars, aluminum cans and containers, bimetal cans plastic containers, (PET No. 1 and HDPE No. 2 plastics) corrugated cardboard, cereal boxes, junk mail, magazines and catalogs, office paper, vegetative yard waste, clean wood waste, used motor oils, tires, and electronic waste such as computers and their components, televisions, stereos, DVDs, CD players, VCRs, phones, and the like.

§ 276-11. Collection.